Posted By safety medic
Given the rather emotive thread last week on the use of HSWA to prosecute the Police over the Charles De Menzes shooting, I thought I would canvas some views on the application of the same act against Maidstone/Kent NHS trust or the Chief Executive of the hospital trust.

Should the HSWA be used in this case?

Could Corporate Manslaughter be used based on the failings of the trust board?

Possible criminal charges may be brought against the trust but do we hold our beloved NHS in such high regard that they effectively get away with unecessary death of almost 100 people.

Imagine this death toll else where, the ramifications would be huge, wide ranging and affect the entire industry. Certainly not happened in this case.

Personnally (and I have plenty of medical experience) I think that the NHS/medical profession is able to/often does hide behind its expertise and public high regard.

Posted By safety medic
Given that criminal charges may be brought i suppose these take some precedence but why cannot H&S prosecution already be carried out? This happened 2 years ago.

Remember the Barrow legionella cases? 7 people died and the woman 'responsible' was found not guilty of manslaughter. the council pleaded guilty i think to H&S charges.

Will Corporate Manslaughter bill change this?

Posted By Bob Thompson CMIOSH
There was some indication on one news source I read which suggested that management systems were to questioned following the events. I suppose the question for me would be

A. whether management had thought about and put in place systems for such events.

B. Had revised these systems and procedures in light of further information. For example if this situation evolved over a 2 year span why were any systems reviewed earlier.

Surely failure to do this would be negligent especially given that government guidelines changed in march 2005.

Discuss.

Bob

Posted By Pete48
Social outrage is so selective isn't it? Stockline Plastics where just 9 died and this make an interesting comparison I think.
Is it something to do with the fact that somehow "we" expect people to die in hospital?

I don't really care which legal process is followed to investigate and conclude whether there is a case to answer, as long as it done effectively and efficiently.

Posted By Konstanty Budkiewicz
As background reading on this question, the following is an extract from http://www.hse.gov.uk/legislation/hswa.htm, and concerns the Health and Safety at Work Act, at Part 1 Para:

14 Power of the Commission to direct investigations and inquiries
(2) The Commission may at any time--
(a) direct the Executive or authorise any other person to investigate
and make a special report on any matter to which this section applies; or
Page 18
(b) with the consent of the Secretary of State direct an inquiry to be
held into any such matter;
1) Where an offence under any of the relevant statutory provisions committed
by a body corporate is proved to have been committed with the consent
or connivance of, or to have been attributable to any neglect on the part of,
any director, manager, secretary or other similar officer of the body corporate
or a person who was purporting to act in any such capacity, he as well as
the body corporate shall be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.

As a previous posting indicated, it is likely the Crown Prosecution Service will consult with the Secretary of State and any subsequent enquiry will be based on political considerations - like the Menezes case discussed some days ago.