Abstract
Robert Wheeler and Rupert Wheeler take a closer look at the legal intricacies behind gross negligence manslaughter
Highlights
Following two centuries of demonstrable uncertainty, the elements of this crime and their accurate description may have been settled
It would clarify the law such that the Crown Prosecution Service (CPS) would not embark on inappropriate investigations that fail both patient and doctor
In 2015 Dr Bawa-Garba was convicted of manslaughter on the basis of a ‘truly exceptionally bad’ clinical response to streptococcal septic shock in a six-year-old child, Jack Adcock.[14]
Summary
Following two centuries of demonstrable uncertainty, the elements of this crime and their accurate description may have been settled. Many of the successful appeals against conviction for medical manslaughter in the past 30 years have been based on an insufficient direction to the jury from the judge as to what constitutes the criminal act.
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