Defective medical devices: analysing the role of the criminal law in the PIP breast implants scandal

Melinee Kazarian

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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.
Original languageEnglish
JournalContemporary Issues in Law
Volume13
Issue number4
Early online date1 Apr 2016
Publication statusPublished - Oct 2016

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