Criminalizing Medical Malpractice
This chapter examines the role that the criminal justice system does, and should play in ensuring accountability for medical malpractice. When are medical errors rightly crimes? If England and Wales prove to be moving towards a greater role for the criminal law, if in truth we are criminalizing medical malpractice, cui bono — will patients sleep easier in their beds in the knowledge that more doctors face ending up in the dock? It is argued that carelessness, incompetence, and error should not, save in exceptional cases, be the business of the criminal law. Only such conduct pursued with disregard for the life of others should merit punishment. Recklessness, not negligence of any degree, should transform mishap into crime.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.