...& 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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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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We have to take our legally enforced breaks. It's a duty to cognitive maintenance. How do you balance that with so much demand, sick people have to be left. Your argument would have credibility if you attempted to define closer to reality.
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