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...
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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The problem is that you can answer that in the negative and still think from the medical PoV it's not negligent, because a reasonable person would never put themselves in that unsafe systemic environment...
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...and after this, notwithstanding potential reform, fewer medics are likely to be able to make the internal justifications for putting themselves in such risky environments.
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Yep. I wouldn’t dream of doing (say) weekend out-of-hours call-centre-linked GP sessions in the current climate.
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Here is how the Law Commission decide to review an area of law. Perhaps we should all be lobbying
@Jeremy_Hunt asking that he ask them to review GNM rather than a retired clinician doing so. https://www.lawcom.gov.uk/about/how-we-work/ …
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