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Bioethics, Medicine and the Criminal Law

Volume 2. Medicine, Crime and Society

Part of Cambridge Bioethics and Law

  • Date Published: January 2013
  • availability: Available
  • format: Hardback
  • isbn: 9781107021532

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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
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    Reviews & endorsements

    'This anthology is a must-read for policymakers, healthcare providers, academics, and anyone else interested in the thorny questions surrounding the intended and unintended effects of criminal punishment on the provision of medical care... one of the volume's many strengths is that it provides the reader with significant and valuable information to begin thinking critically about whether the involvement of the criminal justice system in the regulation of medicine is to be commended or condemned.' Song Richardson, Criminal Law and Criminal Justice Books (clcjbooks.rutgers.edu)

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    Product details

    • Date Published: January 2013
    • format: Hardback
    • isbn: 9781107021532
    • length: 352 pages
    • dimensions: 235 x 155 x 20 mm
    • weight: 0.64kg
    • availability: Available
  • Table of Contents

    1. The 'doctoring type'
    2. 'The sleep of death':
    150 years of anaesthesia-related mortality and the courts
    3. Victims and prosecution policy
    4. The road to the dock: prosecution decision-making in medical manslaughter cases
    5. Medical manslaughter: the role of context and character
    6. Doctors who kill and harm their patients: the Australian experience
    7. Medical manslaughter: organisational liability
    8. 'From prosecution to rehabilitation': New Zealand's response to health professional negligence
    9. The role of the criminal law in healthcare in France: examining the HIV blood contamination scandal
    10. Pain relief, prescription drugs, and prosecution in the US
    11. Exploring the tension between physician-assisted dying and palliative medicine
    12. Psychiatric care and criminal prosecution
    13. 'Involuntary automaticity' and medical manslaughter
    14. Maternity services and the impact of the Corporate Manslaughter and Corporate Homicide Act 2007
    15. Disease transmission and prosecution.

  • Editors

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

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

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