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Bioethics, Medicine and the Criminal Law

Bioethics, Medicine and the Criminal Law Medicine, Crime and Society

Author: Danielle Griffiths; Andrew Sanders
Publisher: Cambridge University Press
ISBN: 9781107021532
Published In: January 2013
Format: Hardback , 351 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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In recent years, debates have arisen concerning the encroachment of the criminal process in regulating fatal medical error, the implementation of the Corporate Manslaughter and Corporate Homicide Act 2007 and the recent release of the Director of Public Prosecution's assisted suicide policy. Consequently, questions have been raised regarding the extent to which such intervention helps, or if it in fact hinders, the sustained development of medical practice. In this collection, Danielle Griffiths and Andrew Sanders explore the operation of the criminal process in healthcare in the UK as well as in other jurisdictions, including the USA, Australia, New Zealand, France and the Netherlands. Using evidence from previous cases alongside empirical data, each essay engages the reader with the debate surrounding what the appropriate role of the criminal process in healthcare should be and aims to clarify and shape policy and legislation in this under-researched area.

• Socio-legal analysis of the role of the criminal process in health care practice helps reader to engage with the debates concerning its role

• Uses empirical data and analysis of past cases to explore the factors that influence the decision-making process among law enforcement officials in health care cases

• Comparative analysis covers multiple jurisdictions, including the UK, New Zealand, Australia, France, the Netherlands and the USA

List of contributors	xi
Foreword by Peter Skegg	xvi
Acknowledgements	xviii
List of abbreviations	xix
1. Introduction Danielle Griffiths and Andrew Sanders	1
Part I Historical perspectives	11
2. Healthcare serial killings: was the case of Dr Harold Shipman unthinkable? Brian Hurwitz	13
3. ‘The sleep of death’: anaesthesia, mortality and the courts from ether to Adomako Barry Lyons	43
4. Getting mixed up in crime: doctors, disease transmission, confidentiality and the criminal process James Chalmers	65
Part II Criminal errors	79
5. Victims’ voices, victims’ interests and criminal justice in the healthcare setting Andrew Sanders	81
6. Medical manslaughter and expert evidence: the roles of context and character Oliver Quick	101
7. The road to the dock: prosecution decision-making in medical manslaughter cases Danielle Griffiths and Andrew Sanders	117
8. Psychiatric care and criminal prosecution Neil Allen	159
Part III Organisational perspectives	175
9. Involuntary automaticity and medical manslaughter Peter Gooderham and Brian Toft	177
10. Medical manslaughter: organisational liability Celia Wells	192
11. The Corporate Manslaughter and Corporate Homicide Act 2007 and maternal death: an opportunity to address systemic deficiencies in maternity services? Penelope J. Brearey-Horne	210
Part IV International perspectives	227
12. From prosecution to rehabilitation: New Zealand’s response to health practitioner negligence Ron Paterson	229
13. Doctors who kill and harm their patients: the Australian experience Ian Dobinson	248
14. The role of the criminal law in healthcare malpractice in France: examining the HIV blood contamination scandal Anne-Maree Farrell and Melinee Kazarian	265
15. The use and impact of the criminal process on the treatment of pain in the USA Stephen J. Ziegler	280
16. Exploring the tension between physician-assisted dying and palliative medicine Alexandra Mullock	301
Index