Regulators should handle the case, a court ruled.

An appeals court has thrown out the conviction of a British optometrist who allegedly failed to detect signs of a fatal condition in an 8-year-old patient.

The judges found that the case of optometrist Honey Rose should be handled by her profession's regulators rather than the court system, the BBC reports.

Rose was convicted last year of gross negligence manslaughter and given a two-year suspended sentence.

Rose was charged after patient Vinnie Barker, whom she examined at the Ipswich branch of Boots, died of hydrocephalus (water on the brain). The prosecutor explained that at the time of Barker’s eye exam, there were “obvious abnormalities” in both of his eyes, referring to photographs that were taken before Rose examined him.

One of the appeals judges, Sir Brian Leveson, said the decision to throw out the conviction "does not, in any sense, condone the negligence that the jury must have found to have been established at a high level in relation to the way that Ms. Rose examined Vincent and failed to identify the defect which ultimately led to his death."

Read more at the BBC

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