Police are considering bringing criminal proceedings
following the shocking report from Robert Francis QC into the failings of the
Staffordshire Hospital which might have led to the deaths of over 1000 patients
–
This has led the Prime Minister to publicly apologise for
the failings –
It is clear that those responsible should be made
accountable. I am concerned, however, that certain individuals might be
prosecuted for their failings, in a way that will mask institutional failings
from the very top. Any potential
criminal action cannot gloss over the need for a root and branch review of the
NHS from funding, to management, to a culture of cover up. Criminal proceedings
are difficult to bring and might not ultimately bring justice to the families
who have lost loved ones.
I have written very recently about the tragic damage caused
by medical blunders –
I would rather see a greater emphasis on achieving justice
for those families. On the one hand we see huge amounts of money invested in an
inquiry, possible criminal action and re-organization – all perfectly
reasonable – but on the other hand, victims’ access to justice is being swept
aside. If those victims try to seek justice they are vilified and accused of
feeding a compensation culture. The right to state funded justice will shortly
be removed. The right to use no win no fee agreements will shortly become far
more difficult –
The proposed actions promised by the government are to be
welcomed – we should never criticise any steps that avoid these tragedies
happening in the first place. But if we truly want to secure justice we need to
ensure that all victims have access to that justice regardless of wealth.
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