CET Article. 1 CET Point.
Can a clinical mistake be a criminal offence?
By Peter Charlesworth MSc MCOptom
Earlier this year we learned of the tragic case of Vincent Barker, an eight-year-old boy who died in July 2012 from undiagnosed hydrocephalus; a build-up of fluid on his brain. The sudden, unexplained death was referred to police who quickly identified what they considered to be a number of failings during his last eye examination in an Ipswich multiple in February 2012.
At that appointment, retinal images were taken which showed the obvious presence of bilateral papilloedema, a diagnostic sign strongly associated with hydrocephalus. The optometrist who examined him, Honey Rose, did not spot, or did not act upon, the presence of papilloedema and Vinnie died from complications of hydrocephalus five months later.
The case was referred to the crown court in Ipswich by the Crown Prosecution Service and Rose was found guilty of manslaughter by gross negligence by a jury of eight men and four women in a little over three hours. The presiding judge, Mr Justice Stuart-Smith handed her a two-year suspended prison sentence and she was additionally ordered to complete 200 hours of unpaid work and given a 24-month supervision order.
There is no doubting the impact on Vinnie’ s parents and family, who lost a much-loved child, and brother.
12 etCETera | November 2016