Margaret Brazier
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The criminal process and and medical malpractice
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In this new chapter to the 7th edition, we examine criminal law and medical negligence, asking when a doctor’s malpractice engages criminal liability. The role of the criminal law in addressing medical malpractice is contested. The decision in the case of rogue breast surgeon Ian Paterson opens the door to an increased possibility that non-fatal malpractice may result in prosecution, eliminating the element of moral luck inherent in gross negligence manslaughter. And the recent case of Dr Bawa-Garba raises serious questions about the impact of the criminal process on healthcare practice.

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