We don't know what they were. May have been mostly trivial errors obvious only on later scrutiny. Likely to be errors of omission rather than commission in stressed system. You're asking others to speculate Kate.
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Well therein lies an intrinsic problem with the GNM legislation. Shared clinically does not just mean joint equal responsibility, it means unequal responsibility proportionate to competencies and levels of responsibilities defined in trainee consultant relationships...
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...& it's wrong to suggest that the ability to deliver your duty of care isn't diluted by the number of patients under your care, & the number you are or aren't sharing that workload with. Could a GP half their appt time again to 5mins & fulfil duty of care consistently?
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I'm not sure I share your concern re the law personally, because it should individually address each person's respective guilt and claims to have done so in this case. I agree there are concerns about the consultant and the resourcing though. I'd like to see it all addressed.
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I'm afraid I cannot agree. You cannot have a universal duty of care when you don't hold all of the competencies or availabilities to deliver it. This is not a test at the level of gross vs not gross. This is a test at the level of how capable a duty could be delivered...
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...at the moment the assessment is merely one of principle. In principle does that duty exist. The pragmatic reality is that in these overstretched over burdened environments, it is deeply compromised before you even step in there...
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...the assessment of gross, and therefore the definition of the crime itself is also left to the jurors, which seems wrong. But the idea that a balanced assessment of individual culpability is properly explored against the systemic culpability is wrong...
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...to truly know what the system contribution was, and therefore what the individual culpability is, requires a very thorough judicial exploration of the system & at the very least an independent one. Anything less allows the corporation & hierarchy to scapegoat the individual...
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...and it is quite impossible and totally unrealistic to expect a defence team to be able to run that investigation through themselves, compelling organisational openness.
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