Jump to ContentJump to Main Navigation
The Criminal Justice System and Health Care$
Users without a subscription are not able to see the full content.

Charles A. Erin and Suzanne Ost

Print publication date: 2007

Print ISBN-13: 9780199228294

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199228294.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 06 December 2019

Criminalizing Medical Malpractice

Criminalizing Medical Malpractice

Chapter:
(p.15) 2 Criminalizing Medical Malpractice
Source:
The Criminal Justice System and Health Care
Author(s):

Margaret Brazier

Neil Allen

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199228294.003.0002

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.

Keywords:   medical errors, medical crime, medical mishaps, negligence, recklessness, criminalization, medical accountability

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.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .