Tuesday, October 19, 2004

Effective Self Regulation?

Another event, in Wales, disturbingly similar to the previous post.

12 August 2005, An important update!
Parents accept doctor's damages

An article dedicated to a little boy called Robbie Powell. His family's perseverance and dedication throughout their long fight for justice are an inspiration and example to us all.

Doctors have no duty to give, as a result of their negligence, a truthful account of the circumstances of a death, nor even to refrain from deliberately falsifying records?‽
Is this believable?‽
It seemed too farfetched to be believable until I looked at the European Court of Human Rights decision.
"Whilst it was arguable that doctors had a duty not to falsify medical records under the common law (Sir Donaldson MR’s “duty of candour”), before Powell v Boladz there was no binding decision of the courts as to the existence of such a duty. As the law stands now, however, doctors have no duty to give the parents of a child who died as a result of their negligence a truthful account of the circumstances of the death, nor even to refrain from deliberately falsifying records."
The decision can be accessed from this page searching for "decision" and "application no.
45305/99" to see -

Application no. 45305/99
by William and Anita POWELL
against the United Kingdom

A GP who examined a boy hours before he died
of a treatable illness
has denied her judgement was clouded
because she was arguing with his parents.

7 April, 2004

Is this an
example of the
acceptable, responsible, self regulation
that we can expect in Ontario?
July 19, 2008

"Written laws are like spider's webs;
they will catch, it is true, the weak and the poor,
but would be torn in pieces by the rich and powerful."
(Anacharsis--Scythian Philosopher...600 B.C.)

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