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Court overturns optometrist’s conviction for gross negligence manslaughter

The Court of Appeal has quashed an optometrist’s conviction for gross negligence manslaughter, in a judgment that clarifies the law and could help reduce the number of such cases brought against doctors.

The court confirmed that, for a gross negligence manslaughter prosecution to succeed, an obvious and serious risk of death must have been foreseeable at the time the breach of duty occurred.

The optometrist, Honey Rose, performed a routine eye examination on an 8 year old boy, Vincent Barker, but failed to properly examine the back of his eyes, which would have disclosed swollen optic discs. He died five months later from acute …