Key word here for me being 'shared'. Suggesting her culpability was still proven to the satisfaction of the judge/jury, but that others perhaps ought to have also faced legal scrutiny. The consultant being first in line.
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But as I’ve suggested previously, it’s entirely possible to be personally grossly negligent, even if placed in an environment that is inadequate. >
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If one took a break for example and just didn’t bother coming back for a few hours, then one’s personal actions would be worthy of both blame and legal recourse for any consequences, regardless of environment.
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Re assessing whether or not a breach has occurred, I’m happy to have jury do that personally, as it offers a societal view of that decision, not medical. But tho the jury may then also reach a decision as to whether that breach is gross, it’s worth examining that point closer >
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In this graphic, it seems to me that someone has managed to slide a version of Bolam into criminal law, (something I’m not particularly happy to have discovered). >pic.twitter.com/kjbJxpXcwC
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But in any event, this suggests to me that medical expert witnesses will have persuaded the jury that a reasonable body of medical opinion did NOT exist to support her actions. They didn't reach their decision unaided.
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Despite appearances from the current partially-informed debate, it’s seemingly apparent that clinicians in court with access to the full evidence felt her actions were indeed grossly negligent. >
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The medical world has built its own safety net into the law (perhaps explaining why there are so few prosecutions) and even that couldn’t save her. >
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We don’t know what the mystery ‘2 systems issues’ were that the judge deemed inadmissible because of their irrelevance. We don’t know what other systems issues WERE raised in court.
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We don’t even know the full details of her errors. 21 or otherwise. And we certainly don’t know enough at this stage to assert that the law needs changing, imho. END Over to you... :)
End of conversation
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