Carr-Gomm died 18 months after the 6-year-old boy . The court found that ‘ his actions towards Danielle Carr-Gomm occurred when the very real , obvious , and serious risk of death had become all the more real and all the more obvious .
‘ They involved similar conduct , congratulating a type 1 diabetic who replaced insulin with paida lajin , and taking no action to secure her help despite the cruel lesson that ought to have been provided by the boy ’ s untimely death .’
However , the court found that when Carr-Gomm became seriously ill at the workshop , crying in pain and weakening , Xiao blamed her decline on a ‘ healing crisis ’. Evidence showed that Carr-Gomm could have been saved if paramedics had been called a few hours earlier .
The judge , in jailing , Xiao also stated that ‘ his “ undiminished belief ” made him certain that “ history may repeat itself ”, leading to the conclusion that he was dangerous ’.
This case has relevance to all complementary therapists and highlights how negligent behaviour can be found to be so extreme that it becomes criminal . Manslaughter is an offence where you may not have intended the person to die , but where your actions , or lack of them , has led to someone ’ s death .
Remember that as a therapist you owe a duty of care to take reasonable action so as not to cause foreseeable harm to other people . In health situations , this relates to people who have a relationship with us , such as clients , patients , and attendees at our courses . Gross negligence has been defined as ‘ a heightened degree of negligence representing an extreme departure from the ordinary standard of care ’. The difference between the two falls somewhere between intent to cause harm and reckless conduct affecting life .
In this case , Xiao ought to have foreseen what could have happened to Carr- Gomm if she had stopped taking insulin , as it had occurred in remarkably similar circumstances only 18 months earlier . Even failing to call the paramedics when her health deteriorated was not something a reasonable therapist would do .
There is much more to review about negligence and your responsibilities to clients . Next issue , I will review the area of negligence in detail .