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