The road to the dock: prosecution decision-making in medical manslaughter cases

Regulating and legislating safety: the case for candour

“…This would apply to the sorts of callous acts of cruelty laid bare in the Francis report and for which criminal law does not currently cater. The case for such an offence is strong23 24 and would be in line with existing offences that protect the mentally incapacitated 25. The Department of Health has taken this recommendation for a new offence of ill-treatment or wilful neglect forward, and it seems inevitable that such an offence will be enacted shortly 26.…”

Criminal responsibility for medical injury: A helpful or harmful mechanism for patient safety?

“…Criminal responsibility for patient safety incidents is most often considered in the context of patient fatality, in instances where a prosecution for gross negligence manslaughter may arise. The role of 'moral luck' in such prosecutions has been questioned in the literature, 4,5 with some authors noting that in many cases of gross negligence manslaughter, it is a matter of 'luck' as to whether there is a fatality and hence, criminal liability. 6 Two of the papers in this special issue consider the broader role of the criminal law in relation to non-fatal surgical harm and informed consent, with particular emphasis on the importance of patient autonomy and patient rights.…”

Medical manslaughter

“…5 Some have suggested that a similar approach be adopted in England. 6 Three new factors will alter the relationship between medicine and criminal law in England and Wales. Firstly, the Court of Appeal's ruling that a sentence of two years' imprisonment imposed on a surgeon who pleaded guilty to manslaughter was "not manifestly excessive."…”