Defective medical devices: analysing the role of the criminal law in the PIP breast implants scandal
Defective medical devices: analysing the role of the criminal law in the PIP breast implants scandal
The criminalisation of healthcare malpractice has been much debated and criticised in recent years. Research in this area has led to arguments that the criminal law is not always effective to respond to healthcare malpractice by criminalising individual professionals. Some have argued that the criminal law should only be used to prosecute the most serious cases of healthcare negligence showing a high level of moral culpability and which reflect a deliberate or reckless state of mind. While new offences of ill-treatment and wilful neglect have been included in the Criminal Justice and Courts Act 2015 in England, so far the criminal process has not played a major role in seeking to respond to healthcare failure.
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Kazarian, Melinee
275d8dcd-19af-4530-9d99-6187819c6dcf
1 April 2016
Kazarian, Melinee
275d8dcd-19af-4530-9d99-6187819c6dcf
Kazarian, Melinee
(2016)
Defective medical devices: analysing the role of the criminal law in the PIP breast implants scandal.
Contemporary Issues in Law, 13 (4), .
Abstract
The criminalisation of healthcare malpractice has been much debated and criticised in recent years. Research in this area has led to arguments that the criminal law is not always effective to respond to healthcare malpractice by criminalising individual professionals. Some have argued that the criminal law should only be used to prosecute the most serious cases of healthcare negligence showing a high level of moral culpability and which reflect a deliberate or reckless state of mind. While new offences of ill-treatment and wilful neglect have been included in the Criminal Justice and Courts Act 2015 in England, so far the criminal process has not played a major role in seeking to respond to healthcare failure.
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Accepted/In Press date: March 2016
e-pub ahead of print date: 1 April 2016
Published date: 1 April 2016
Organisations:
Faculty of Business, Law and Art
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Local EPrints ID: 401974
URI: http://eprints.soton.ac.uk/id/eprint/401974
ISSN: 1357-0374
PURE UUID: 505d13d4-c62f-4acf-9ce2-3be7900d89ef
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Date deposited: 26 Oct 2016 08:34
Last modified: 15 Mar 2024 06:00
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