ANDY HOPKIN, regulatory law expert at Browne Jacobson, explores the ramifications of a Trust court case, the health and safety obligations of NHS Trusts, and the practical steps they can take to avoid errors and litigation.
The two doctors responsible for Mr Phillips’ care had already been convicted of gross negligence manslaughter, for which both received suspended sentences of imprisonment. Having later been found by the General Medical Council to have failed to tackle obvious signs of serious illness, take blood samples, give suitable antibiotics and consult senior colleagues, they were also barred from practising for periods of twelve and six months.
PROSECUTE
Unusually, and probably as a result of evidence presented at the two doctors’ trial, the Crown Prosecution Service (CPS) opted to prosecute the Trust directly. While Trusts have been the subject of prosecutions in the past – usually by the Health and Safety Executive – what was highlighted in this instance was the focus of the case: management.
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