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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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... :)
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How would you define gross negligence in a GP forced by circumstances to do 5min appointments with no recourse to safer appointment timings?
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Most of us would rely on the advice of an expert witness. When a consultant tells the jury “I would expect a junior to get it right, under those circumstances” (which is what happened), you can’t blame the jury or the process.
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Well actually we had an intensivist commenting on a generalist, which in my view is as bad as a generalist commenting on a GP. Besides, saying I'd expect a junior to get it right is v different to reaching the threshold of gross in the systemic context...
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Given no one knows this evidence, the relentless assumptions on this thread are pretty pointless.
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I do comment occasionally but you help to keep it going Sara.
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Why not just call a halt.
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I'm going to take this to heart and not subject everyone to yet another multi-tweet deluge. Jamie, tempted though I am to respond to all the tweets, these poor people have suffered enough. I'm sure you and I will pick each point up in fresh threads over time. :)
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