CPS decide not to Prosecute Consultant Surgeon with Gross Negligence Manslaughter

As solicitors, much of our work is behind the scenes, dealing with evidence, documentation and correspondence, and supporting our clients through often difficult, complex and lengthy investigations.

Just such a case occurred with the decision of the CPS in the New Year not to prosecute one of Eastwoods’ clients with gross negligence manslaughter. This followed a police investigation lasting in excess of two years, throughout which Adam Smith assisted the doctor concerned, including attending with the doctor at the police station for lengthy interviews, and preparing statements. Such an outcome is always particularly satisfying, avoiding as it does an extremely stressful, and often very public, hearing (with the prospect of a custodial sentence at its conclusion) and months’ more investigation leading up to that hearing.

Following the CPS decision in this case, we attended an Interim Orders Tribunal of the MPTS when, again, the doctor concerned was represented by Adam Smith, and we succeeded in relaxing the interim conditions on the doctor’s registration, giving the doctor a better opportunity of continuing his clinical practice at a higher level of seniority whilst the GMC investigation continues.