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: 12 December 2019

When Are Errors a Crime?—Lessons from New Zealand

When Are Errors a Crime?—Lessons from New Zealand

Chapter:
(p.67) 5 When Are Errors a Crime?—Lessons from New Zealand
Source:
The Criminal Justice System and Health Care
Author(s):

Alan Forbes Merry

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199228294.003.0005

Doctors' errors contribute to harm (iatrogenic harm) caused by healthcare. This chapter considers the appropriate response to the accidental harm of a patient and shows that the criminal law usually achieves only one element of this response (that is, it punishes the practitioner). It outlines the relevant legal developments in New Zealand and England with reference to selected cases, and reviews the establishment and objectives of the New Zealand Medical Law Reform Group. It considers arguments relevant to England today which led to a change in New Zealand's law. These arguments are based on considerations of social policy, justice, and the law informed by science. The chapter concludes that the situation which has developed over the last fifteen years in England is undesirable for patients and for society. Action is needed to reverse the trend towards using the criminal law as an instrument for regulating normal medical practice.

Keywords:   accidental harm, medical errors, iatrogenic harm, criminalization, health care

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 .