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:
There are things that we just do not know because it is now too late to find out: what were the oxygen saturation levels, for example? But there are other things we do not know although they are known. Where did Dr Kwan go when she left the operating room?
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?
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.
The recent Times investigation and subsequent reported investigation by the MHRA on the use of unlicensed botulinum toxin in the UK is something that is sorely needed in a sector that is unregulated.
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.
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.
Risks are ubiquitous in medicine. It is very important to realise that a risk can be both a threat and a friend. Risks relate to probabilities. The probability or possibility that the outcome may not be as desired. The Law does have a perverse view on this. The Law likes, demands, seeks cause and consequence. An honest doctor can rarely satisfy the Law. And that is why it was such a bad thing to see this poor Judge being led by the nose by two unscrupulous Medical “Experts”!
Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 11) – Misinformed assent
I wonder how fast time goes in prison? 2022.This was Vanessa’s first New Year in prison. Dr Mak’s second. Two female doctors, both in their thirties. Dr Mak graduated from the Chinese University of Hong Kong (CUHK) and Dr Kwan, Vanessa, from Hong Kong University (HKU). Both are now incarcerated on the basis of myths. It is a disgrace.
So now we are entering the third year of this global pandemic. It is changing, evolving and is bringing out the very best and the very worst in humanity. Science and scientists have had a real bashing, but then who by? Quacks, aardvarks and gobbeldygooks. Looking back is looking forward.
Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 10) – Informed consent (ii)
In the context of medicine, we typically speak of informed consent as having both an ethical and a legal basis. The ethics are related to patient autonomy and human rights. The legal perspective relates to the definition of what occurs if consent is not obtained, and a physical intervention occurs (assault or battery at a minimum and it would appear, gross negligence if things go wrong).
Gross Negligence Manslaughter in Healthcare: The medico-legal dilemma (part 9) – Informed consent (i)
It is one year ago today that Justice Judianna Barnes sentenced Dr Mak Wan-ling to be incarcerated for three and half years for a crime she did not commit (see parts 1-4 of this blog).