Don't increase sentences for medical manslaughter, urges MDU

Doctors convicted of gross negligence manslaughter could face more severe sentences, under plans being considered by the body that sets sentencing guidelines.

A consultation by the Sentencing Council is examining whether to increase sentences for those convicted of manslaughter. The Medical Defence Union (MDU) is highlighting its concerns about the consultation as it says doctors are particularly vulnerable to facing a manslaughter investigation.

The recent high profile case of Dr Bawa-Garba who was convicted of gross negligence manslaughter and was last week struck off the medical register illustrates this.

Writing in the latest edition of the MDU journal, Dr Michael Devlin head of professional standards and liaison said:

'The death of a patient, particularly when unexpected, is a distressing experience for the deceased's relatives and the doctor caring for the patient. Doctors accused of causing a patient's death through gross negligence can be investigated for manslaughter and this casts a long shadow over their professional lives.

'Doctors are given no special exemption in terms of sentencing and may be imprisoned if convicted, usually for a minimum of two years. Worryingly, the proposed new guidelines could lead to longer sentences for doctors.'

In its response to the consultation, MDU senior solicitor Ian Barker expressed serious concerns about the impact of more severe sentences for manslaughter. He explained:

'Increasing the severity of a sentence for gross negligence manslaughter will be no greater deterrent in terms of reinforcing doctors' duties to their patients. It may, however, increase any fear or doubt they have when making difficult decisions about patients when they are in a very difficult position yet are trying to act in a patient's best interests.

'It seems to us a retrograde step to contemplate increasing the burden on doctors at such times, and puts at risk the necessary open environment which enables learning from error and increased patient safety.'

In its recent report on the draft Sentencing Council guidelines, the House of Commons Justice Committee said:

'We conclude that there is a risk of the high culpability factors proposed for gross negligence manslaughter leading to inappropriately long custodial sentences, especially in relation to clinical decisions taken by medical practitioners in testing circumstances, and situations where junior employees have little control in their workplace environment. We recommend that the Council reconsider the high culpability factors for gross negligence manslaughter, taking account of these concerns.'

Mr Barker continued: 'Our representations to the Sentencing Council were very much in the same vein, and we are very pleased to see that the Justice Committee has identified similar concerns. We look forward to that reconsideration.'

This page was correct at publication on 29/01/2018. Any guidance is intended as general guidance for members only. If you are a member and need specific advice relating to your own circumstances, please contact one of our advisers.

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