Download The Criminal Justice System and Health Care by Charles A. Erin; Suzanne Ost (eds.) PDF

By Charles A. Erin; Suzanne Ost (eds.)

This booklet examines questions of scientific responsibility and ethics. It analyses how the legal justice approach regulates overall healthiness care perform, and to what quantity it will possibly and may be used as a device to solve moral clash in well-being care. for many of the 20th century, legal courts have been engaged in concerns on the subject of drugs largely as a discussion board to solve moral controversies over the sanctity of lifestyles. even though, the judiciary approached this functionality with reluctance and a marked tendency to defer to the scientific occupation to outline what constituted moral, and hence lawful, behavior. despite the fact that, during the last 25 years, felony courts have more and more been drawn into these kinds of query, and the legal legislation has turn into an incredible actor within the answer of moral clash. the fashion to prosecute for aberrant specialist behavior or scientific malpractice and the function of the legal technique in medication has been analytically overlooked within the united kingdom. there's scant literature addressing the ideal barriers of the felony procedure in resolving moral clash, the theoretical felony research of the law’s dating with healthiness care, or the sensible effect of the legal justice procedure on pros and the supply of well-being care within the united kingdom. This quantity addresses those matters through a mixture of theoretical analyses and key case stories, drawing at the studies of alternative conscientiously chosen jurisdictions. It areas a specific emphasis at the appropriateness of the involvement of the felony justice approach in wellbeing and fitness care, the restrictions of this constructing development, and ideas to the issues it throws up. The booklet takes euthanasia as a main instance of the problems raised by means of the intersection of wellbeing and fitness care and the felony legislation, and questions even if health and wellbeing care concerns correctly fall in the remit of the felony justice approach.

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Extra info for The Criminal Justice System and Health Care

Sample text

In this introductory essay, we begin to examine 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? In the following essay, Oliver Quick¹¹ expands upon our analysis of ‘medical manslaughter’, and considers the Law Commission’s¹² proposals to replace gross negligence manslaughter by an offence of ‘killing by gross negligence’.

Nl/binaries/en-pdf/pdf/euth-amendedbill-en. pdf> (accessed 9 May 2007). ²⁶ The Select Committee was appointed on 30 November 2004. uk/pa/ld/ldasdy. htm> (accessed 9 May 2007). htm> (accessed 9 May 2007). The Bill was defeated in the House of Lords by 148 votes to 100 in May 2006. ²⁷ In re Guardianship of Theresa Marie Schiavo: Schindler v Schiavo 780 So 2d 176, 177–8 (Fla 2d DCA 2001). An Ill-Suited and Inappropriate Union? 9 of the claim that the criminal law’s intervention in health care is inapposite: the US courts in the Schiavo case failed to address what to him was the crucial ethical question of whether the decision not to appoint a guardian ad litem meant that Terri Schiavo did not receive a fair trial.

McDowell ‘Doctors charged with manslaughter in the course of medical practice, 1795–2005: a literature review’, Journal of the Royal Society of Medicine, 99 (2006), 309–14. And see R. Ferner, ‘Medication errors that have led to manslaughter charges’, British Medical Journal, 321 (2000), 1212–16. ¹¹ See Oliver Quick’s chapter in the current volume, ‘Medical Manslaughter: The Rise (and Replacement) of a Contested Crime’. ¹² Law Commission, A New Homicide Act for England and Wales? (Law Com CP No 177, 2006); discussed by Quick in ‘Medical Manslaughter’, in this volume.

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