Bioethics, Medicine and the Criminal Law

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Danielle Griffiths, Andrew Sanders
Cambridge University Press, Jan 31, 2013 - Law - 332 pages
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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.
 

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Contents

Introduction
1
Historical perspectives
11
Healthcare serial killings was the case of Dr Harold Shipman unthinkable?
13
The sleep of death1 anaesthesia mortality and the courts from ether to Adomako
43
Getting mixed up in crime doctors disease transmission confidentiality and the criminal process
65
Criminal errors
79
Victims voices victims interests and criminal justice in the healthcare setting
81
Medical manslaughter and expert evidence the roles of context and character
101
Involuntary automaticity and medical manslaughter
177
Medical manslaughter organisational liability
192
The Corporate Manslaughter and Corporate Homicide Act 2007 and maternal death an opportunity to address systemic deficiencies in maternity servi...
210
International perspectives
227
From prosecution to rehabilitation New Zealands response to health practitioner negligence
229
Doctors who kill and harm their patients the Australian experience
248
The role of the criminal law in healthcare malpractice in France examining the HIV blood contamination scandal
265
The use and impact of the criminal process on the treatment of pain in the USA
280

The road to the dock prosecution decisionmaking in medical manslaughter cases
117
Psychiatric care and criminal prosecution
159
Organisational perspectives
175
Exploring the tension between physicianassisted dying and palliative medicine
301
Index
320
Copyright

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About the author (2013)

Danielle Griffiths is a research fellow at the University of Manchester.

Andrew Sanders is Professor of Criminal Law and Criminology at the University of Birmingham.