Dr Death verdict may not survive appeal
Updated On: 01 July, 2010 07:07 AM IST | | Khalid A-H Ansari
Criminal Code does not recognise misdiagnoses as potential criminal acts
Listen to this article :
Criminal Code does not recognise misdiagnoses as potential criminal acts
As India-born Dr Jayant Patel, dubbed 'Dr Death' awaits his sentence today for the manslaughter of three patients and causing grievous bodily harm of a fourth at Bundaberg (Queensland, Australia) between 2003 and 2005, the judge has warned that the guilty verdicts handed down on Monday may not survive in Queensland's Court of Appeal.
Justice John Byrne has indicated that the jury's verdicts might not survive due to the Criminal Code, which does not recognise misdiagnoses and wrongful decisions to operate as potential criminal acts.
Manslaughter carries a life sentence in Queensland but there is little case law for a doctor found guilty of criminal negligence due to killing someone as a result of an operation.
From the start of the proceedings, Judge Byrne has also been highlighting a possible flaw in the prosecution's case against the surgeon on the issue of consent.
Dr Patel's legal team is reportedly trying to take the fight to the Court of Appeals for a ruling on the correct statutory route to convict a surgeon of manslaughter.
When disgraced Dr Jayant Patel is sentenced to a jail term of up to 10 years today, it will, by no means, be the end of his travails.
In all probability, the convicted Bundaberg (Queensland, Australia) Base Hospital head surgeon will have to undergo the agony of at least one more trial for causing grievous bodily harm to another patient, Darcy Blight, and eight fraud counts also related to his time at the hospital for fraudulently getting and keeping his job.
Moreover, up to 14 other deaths at the hospital could be referred to a coroner's inquest by a jury of between seven and 11 people of both sexes.
As India-born Dr Jayant Patel, dubbed 'Dr Death' awaits his sentence today for the manslaughter of three patients and causing grievous bodily harm of a fourth at Bundaberg (Queensland, Australia) between 2003 and 2005, the judge has warned that the guilty verdicts handed down on Monday may not survive in Queensland's Court of Appeal.Justice John Byrne has indicated that the jury's verdicts might not survive due to the Criminal Code, which does not recognise misdiagnoses and wrongful decisions to operate as potential criminal acts.
Manslaughter carries a life sentence in Queensland but there is little case law for a doctor found guilty of criminal negligence due to killing someone as a result of an operation.
From the start of the proceedings, Judge Byrne has also been highlighting a possible flaw in the prosecution's case against the surgeon on the issue of consent.
Dr Patel's legal team is reportedly trying to take the fight to the Court of Appeals for a ruling on the correct statutory route to convict a surgeon of manslaughter.
When disgraced Dr Jayant Patel is sentenced to a jail term of up to 10 years today, it will, by no means, be the end of his travails.
In all probability, the convicted Bundaberg (Queensland, Australia) Base Hospital head surgeon will have to undergo the agony of at least one more trial for causing grievous bodily harm to another patient, Darcy Blight, and eight fraud counts also related to his time at the hospital for fraudulently getting and keeping his job.
Moreover, up to 14 other deaths at the hospital could be referred to a coroner's inquest by a jury of between seven and 11 people of both sexes.
 |
| What next? Jayant Patel has been found guilty of killing three patients and permanently injuring another. Pic/AFP How do you like the new new mid-day.com experience? Share your feedback and help us improve. Read Next Story Trending StoriesLatest Photos |
