(UK) Police chiefs demand doctors hand over gun crime evidence

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The Evening Standard (London)


February 3, 2003

SECTION: Pg. 8

LENGTH: 644 words

HEADLINE: Police chiefs demand doctors hand over gun crime evidence

BYLINE: Maxine Frith;Justin Davenport

BODY:


POLICE CHIEFS have accused doctors of allowing violent criminals to "literally get away with murder" by withholding crucial evidence about gun crimes on the grounds of patient privacy.

Doctors are refusing to hand over bullets taken from gunshot victims and are failing to report the firearms injuries they treat in accident and emergency departments, the Association of Chief Police Officers (ACPO) said.

Doctors say they have an ethical duty to protect patient confidentiality and to treat injuries, rather than act as "agents of the police".

But the ACPO has now written to the General Medical Council (GMC) demanding that it forces doctors to report all firearms injuries to the police. A spokesman for the ACPO said: "The issue here is the view among police investigating gunshot wounds that hospitals will often withhold criminal evidence.

"Often there are cases where doctors have refused to hand over bullets from someone who has been shot. These are obviously vital pieces of evidence.

"This has been an issue for a while. We want to see it become mandatory for hospitals to hand over evidence. Hospital staff and doctors need to co-operate with police more than they are doing now. Otherwise, in the worst cases, we are talking about criminals literally getting away with murder.

There has to be a better balance than there is now."

The British Medical Association (BMA) reacted with anger to the accusations, and to the calls for mandatory reporting, claiming that any new laws could destroy patients' trust in the profession and may deter seriously injured people caught up in gun crime from seeking treatment.

The GMC, which regulates the profession, said it had no powers to force doctors to report all firearms injuries, and indicated that it would be reluctant even to issue guidelines that did not allow its members some degree of discretion over individual cases. At present, BMA and GMC guidelines say that doctors should report incidents to police where they believe that the public is at risk, or that a crime has been committed.

However, it is left to their discretion and they can claim that concerns for their patient override other issues.

Dr Vivienne Nathanson, head of science and ethics at the BMA, said: "It is outrageous to suggest that doctors are withholding evidence or bl o cking police inquiries. Where is the evidence for that?

"This is threatening and bullying behaviour from the ACPO but it won't work.

We would be against any introduction of laws making it mandatory to report all firearms injuries.

"Our major concern would be that people would not seek medical attention if they were worried that doctors might automatically call the police in. We do not want to become agents of the police."

She added: "Doctors should always act in the best interests of their patients, with an eye to public safety. We would always encourage hospitals to co-operate with police but doctors need to have the power of discretion over individual cases."

Jane O'Brien, head of standards at the GMC, confirmed the council had received a letter from the police chiefs but said it had no powers to enforce mandatory reporting of firearms injuries.

If discussions between the GMC and the ACPO break down without agreement, police chiefs may demand Home Secretary David Blunkett takes action - a move which could pit doctors against the Government.

Gun crime has soared by 35 per cent in the past year, with almost 10,000 offences reported in 2002.

The nation was shocked by the murders of teenagers Charlene Ellis and Letisha Shakespeare, who were shot dead when they were caught up in the crossfire of a gun fight at a New Year's Eve party in Birmingham.

And father-to-be Tasawar Hussain was shot dead by a robber he was chasing in broad daylight in Bradford last week.
 
Doctors under fire over gun crime


It would be wrong to put calling the police before the needs of their patient - Dr Vivienne Nathanson

Gun crime is increasing across Britain

Doctors have been accused of hampering police efforts to crack down on gun crime.
Police chiefs say hospitals fail to report gunshot victims and withhold bullets retrieved from patients.

The Association of Chief Police Officers (Acpo) said better guidelines were needed to ensure doctors report gun crime victims to the authorities.

The British Medical Association hit back at the claims saying there was no evidence to back them up.

But a spokesman for Acpo said police needed doctors to do more to help them tackle gun crime.

"If we aren't getting information from hospital staff then you are saying to these criminals you can get away with shooting someone," he said.

Mandatory reporting

"What we are asking for is mandatory guidelines for the reporting of gunshot wounds because there are none at the moment.

"We can understand the difficulties and that victims may not want to divulge information to the police.

"But at the same time, with the recent rise in gun crime, if police aren't given information then it makes it very difficult to take an investigation forward."

He added: "If a patient has been shot and a doctor retrieves a bullet from their body that's a pretty crucial piece of evidence in the case."

But Dr Vivienne Nathanson, head of science and ethics at the BMA, dismissed the claims.

"We've not had any contact from Acpo saying this. We write advice for doctors and that advice includes that they should be balancing the right of the individual to confidentiality against the danger to the public.

"Although they are not agents of the police, they will report cases where they think that is appropriate. We have not had any evidence that they haven't been doing so," she told the BBC.

Dr Nathanson also rejected calls for doctors to be required to notify police of gun crime victims.

"Doctors are not agents of the police and it would be wrong to put calling the police before the needs of their patient."

Medical advice

A spokeswoman for the General Medical Council, which regulates the profession, said existing guidelines advised doctors to report gunshot wounds but none of their rules were compulsory.

"It's not within our remit to have mandatory guidelines," she said.

"Our guidance states very strongly that gunshot wounds should be reported."

The police organisation, which represents chief constables and their deputies, said it wrote to the GMC late last year but has still to receive a response.

Earlier this month Home Office figures showed gun crime in England and Wales soared by 35% last year, and criminals used handguns in 46% more offences.

A Home Office spokesman said: "If it appears that a serious crime has been committed it is our view that doctors should report it swiftly to police."

Asked if the Home Office backed the call for mandatory guidelines, he said: "That's really a matter for Acpo and the GMC to hammer out.

"This is an operational issue which we wouldn't get involved in, although we would be there to offer help and guidance."

http://news.bbc.co.uk/1/hi/health/2721837.stm
 
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