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I am in midst of dissertation on criminalising medicine for a Masters in Law and my research accurately reflects that published.
The number of cases has fallen in the past 10 years after a rapid rise, however there are an additional three cases involving four doctors, two nurses and two midwives in process at the moment. Prosecution may be down, but conviction and custodial sentencing seems to be on the rise. This seems to be at odds to the new Statutory Duty of Candour and drive for improved patient safety.
The best way to encourage lies is to punish those who tell the truth, and whilst the axe of criminal conviction looms over the neck of healthcare professionals, for slips, mistakes and lapses, it is hard to see how an open culture to reporting can be developed. In addition, the statistically small number of convictions means few victims receive this form of justice whilst many more face obstacles to obtaining the truth as a consequence.
Will the new offence Wilful Neglect lead to prosecutions when the outcome was not the death of a patient? Time will tell, but since this is an offence based on the actions or inactions of the professional rather than on the outcome there is much broader scope for prosecution.
Re: More doctors charged with manslaughter are being convicted, shows analysis
I am in midst of dissertation on criminalising medicine for a Masters in Law and my research accurately reflects that published.
The number of cases has fallen in the past 10 years after a rapid rise, however there are an additional three cases involving four doctors, two nurses and two midwives in process at the moment. Prosecution may be down, but conviction and custodial sentencing seems to be on the rise. This seems to be at odds to the new Statutory Duty of Candour and drive for improved patient safety.
The best way to encourage lies is to punish those who tell the truth, and whilst the axe of criminal conviction looms over the neck of healthcare professionals, for slips, mistakes and lapses, it is hard to see how an open culture to reporting can be developed. In addition, the statistically small number of convictions means few victims receive this form of justice whilst many more face obstacles to obtaining the truth as a consequence.
Will the new offence Wilful Neglect lead to prosecutions when the outcome was not the death of a patient? Time will tell, but since this is an offence based on the actions or inactions of the professional rather than on the outcome there is much broader scope for prosecution.
Competing interests: No competing interests