Medical Negligence or Clinical Negligence in UK Law
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Medical Manslaughter: The Effect of Lay Findings of (Criminal) Gross Negligence on Professional Tribunals
... ... Bawa-Garba’s breach of duty was evidenced by her failure to accurately reassess or referAdcock to the consultant on call in the light of clinical findings and the continuing deterioration in hiscondition. Although the error relating to Adcock’s resuscitation status was accepted as not ... ...
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A Betrayal of Trust? Back to the Drawing Board for Medical Manslaughter
In seeking to provide a solution to the issues raised by medical manslaughter, Wheeler and Wheeler have recently proposed reform by way of a reconceptualised offence based on a breach of a fiduciar...... ... provides an examination of gross negligence manslaughter, before undertaking a review of the ... At present, unintentional fatal clinical errors committed by doctors with varying degrees ... ...
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Doctors Are Aggrieved—Should They Be? Gross Negligence Manslaughter and the Culpable Doctor
Doctors may also be criminals. Mercifully, this is a rare event but no health professional is infallible, mistakes happen and the challenge is to distinguish inadvertence from wilful disregard for ...... ... must move away from the stance a patient’s death is required for medical negligence to become a crime, an outcome bias, to a conduct biased ... 4 If Dr Powers’ contention is correct, and bad clinical care should be prosecuted, it is necessary to address what conduct should ... ...
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Contributory Negligence in the Twenty‐First Century: An Empirical Study of First Instance Decisions
In this article we report the results of an empirical study of 368 first instance decisions on the contributory negligence doctrine handed down in England and Wales between 2000 and 2014. The two c...... ... coded for tw o other categories of claims: product liability and medical negligence. How ever , there was only one product liability claim in the ... claims in our sample) is apparently the only reported English clinical negligence claim in which there was a finding of contributory negligence: ... ...
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Expert Evidence and Medical Manslaughter: Vagueness in Action
This article examines the reliance placed on expert evidence in prosecutions of health professionals for gross negligence manslaughter, where juries must decide whether conduct goes beyond civil ne...... ... of health professionals for gross negligence manslaughter, where juries must decide whether ... about laboratory doctors assessing clinical situations. Empathy and expertise through ... ...
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Medical Negligence and the Nigerian National Health Insurance Scheme: Civil Liability, No-Fault or a Hybrid Model?
... ... 39 39 F. Oyebode, ‘Clinical Errors and Medical Negligence’, 12 Advances in Psychiatric Treatment (2006): 221–7, at 222, citing J. Reason, ‘Human Errors: Models and ... ...
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Loss of Chance Lord Hope's Dissent in Gregg v Scott [2005] UKHL 2
... ... : loss of chance in the context of negligence 39 3.2 Facts 40 3.3 Loss of chance ... Whether a loss of a chance of a better medical outcome can ever sound in damages is an area of ... ‘Clinical Negligence Scheme for Trusts’. These payments ... ...
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Prosecuting ‘Gross’ Medical Negligence: Manslaughter, Discretion, and the Crown Prosecution Service
This article examines prosecutions of health care professionals for gross negligence manslaughter following fatal errors committed in the course of their work. Unease has long surrounded the use of...... ... Davies and A.V. Shields, `Public trust and accountability for clinical performance: lessons from the national press reportage of the Bristol hearing' (1999) 5 J. of Evaluation in Clinical Practice 335±42. 46 See A ... ...
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In the Battle of Doctor vs Patient: 'Sorry' really does seem to be the hardest word: The ?Duty of Candour'
This dissertation discusses the ‘Duty of Candour’ as a mechanism for encouraging openness within the NHS. It examines the emergent history of the duty of candour highlighting what has influenced th...... ... ; education; appraisal; and reform of the clinical negligence system ... Introduction ... openness and honesty enshrined in General Medical Council (GMC) guidance, 3 in an attempt to ... ...
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Betrayal of Trust in Medical Manslaughter
Despite efforts spanning 200 years, judges are yet to find a form of words that can explain adequately the meaning of ‘gross’ to a jury trying gross negligence medical manslaughter. Accordingly, th...... ... of ‘gross’ to a jury tr ying gross negligence medical manslaughter. Accordingly, those ... makes into a crime substandard clinical behaviour which otherwise, as ‘negligence’, ... ...
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