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.
|Journal||Contemporary Issues in Law|
|Early online date||1 Apr 2016|
|Publication status||Published - Oct 2016|