Rank: Super forum user
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According to the BBC news, Mid Staffordshire NHS Trust have pleaded guilty to HSWA s3 offence brought by the HSE following the tragic case of a diabetic patient who died in the Trust's care. I find it difficult to understand what benefit a prosecution of this type can result in when the Trust is running at an annual loss of £11m. Surely, a large fine is absurd. Indeed, is it not time that individuals are held to account for their acts or omissions rather than relying on legislation which arguably was never intended for corporate retribution? http://www.bbc.co.uk/news/uk-england-24462069
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Rank: Forum user
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It is my understanding the criminal prosecution brought by the HSE was because the death was entirely preventable and caused by low staffing levels and a failure to provide adequate nursing facilities. The fact the Trust is running at an annual loss of £11m is linked to the causation factors. I would agree individuals need to be held to account but not just nurses it must also include Doctors and the Trust Board for being party to implementing systems of unsafe practices which it seems have been in place for a very long time. The Care Quality Commision also failed to identify failures during their inpections. It is a further example that it takes a death to highlight bad practice and put things right. Sad all round really.
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Rank: Super forum user
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Seemed to be a great opportunity for a test of the Corporate Manslaughter Act - at least that could have given some sort of account via a publicity order.
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Rank: Super forum user
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Ron
Offence committed before the Corp Manslaughter Act came into force in April 2008.
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