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Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 13) – Records of necessary information
Today is the first day of the Chinese New Year. This is the year of the Tiger. I am fine, I am a Dragon. This is going to be an interesting year.Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 15) – Duty of Care
Just to recap; I have been looking at the Reasons for Sentence in the case of HKSAR and Kwan Hau chi, Vanessa. The verdict had been declared: “guilty”. Now, on 4 October 2021, the Hon D’Almada Remedios J is going to present her review of the case and the factors she has taken into account when deciding the sentence. I am referring to an official document which is in the public domain. The case reference is HCCC 200/2018. It is a shameful document, but we must all share in that shame.Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 16) – Aggravating factors
The Judge just cannot say, “Lee’s airway and oxygenation were not established or maintained”. This is nonsensical from the perspective of a person trained in medicine. Even more senseless from a person who is not. If Lee’s airway was not established and maintained, how did Lee survive a three-hour operation, albeit in the prone position and without developing any signs of cyanosis?Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 18) - The judge fails at maths
I was troubled by the Judge's response and wondered what a mathematician would have thought of it. So, the following emails ensued:Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 20) - Culpability: The judge opines
The issue at stake is one of culpability. Who is to blame when things go wrong? That involves both an awareness of what has actually happened and those responsible for the various elements that have shown to be at fault.Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 21) - Clinical practice guidelines and indictments
Because of liability issues there is a reluctance to make clinical practice guidelines (CPG) statutory requirements; that is to say, guidelines are ‘suggestions’, not ‘instructions’. And why is this important to this case?Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 22) – The prone position
How much does the position of a patient add to the risk of a surgical procedure? This is an extremely important question, and the answer is far from simple.Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 23a) – forensic snoring
If a person is snoring that means they are breathing. If they are breathing and their skin is of a normal colour does that not suggest that they are oxygenating the tissues?Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 24) - Prescribing Habits
How do doctors learn to prescribe/use drugs in a safe and effective manner? This is no simple question and when the issue of a prescribing habit being regarded as lethal it becomes highly relevant.Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 14) – Records of necessary information: Drugs Administered and the physiological response of the patient
It is the system that places the Judge as an interpreter of “truths” and sadly, susceptible to false information.
