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

Melinee Kazarian

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

Melinee Kazarian

School of Law

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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 language	English
Journal	Contemporary Issues in Law
Volume	13
Issue number	4
Early online date	1 Apr 2016
Publication status	Published - Oct 2016

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KAZARIAN_2016_cright_CIL_Defective medical devices
This is the author-produced PDF of an article, accepted for publication in Contemporary Issues in Law, following peer review. The Version of Record "Defective medical devices: Analysing the role of the criminal law in the PIP breast implants scandal" is available in Contemporary Issues in Law, (2016), 13(4). Licensed under CC BY-NC-ND 3.0.
Accepted author manuscript (Post-print), 464 KBLicence: CC BY-NC-ND

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Cite this

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

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