Clinical & Medical Negligence Newsletter - Attwaters Jameson Hill - Spring 2018

Spring 2018 Medical Negligence Newsletter | 09 GMC launches gross negligence manslaughter review The Crown Prosecution Service defines gross negligence manslaughter as a death which is “a result of a grossly negligent (though otherwise lawful) act or omission…”. It is an involuntary form of manslaughter where the defendant is ostensibly acting lawfully and causes death but did not intend to, and thus lacks the intent to murder. The General Medical Council (GMC) has announced an independent review into how gross negligence manslaughter is applied to medical practice. Doctors often work in an immensely pressurised environment where mistakes can and do occur. The GMC says that its review aims to “encourage a renewed focus on a just culture, reflective practice and individual and systemic learning” . The review will consider what needs to be done to improve how existing law, procedures and processes are applied, whilst still protecting the public and maintaining confidence in the medical profession. The findings are due to be published in early 2019. Call to scrap all operations next January and February to ease NHS strain The Society for Acute Medicine’s President, Dr Nick Scriven, has expressed the view that the NHS is facing “eternal winter” , remaining under extreme pressure which could be set to persist for months to come. He said that one way the NHS can ease its winter crises is to scrap all non-emergency surgery in January and February. He added that the proposed ban should not apply to urgent cases and cancer care. He argues that those in power must sit up and take notice, and that the situation won’t improve without the introduction of some innovative thinking. Freeing up a ward in every hospital in the winter months would be just one radical proposition that could be considered. This winter, the spike in flu cases meant that hospitals were told to defer non-urgent operations to ease pressure. Three times as many patients were hospitalised this year following the worst flu season in seven years.