Abstract
Over the course of a lifetime most of us will put our lives in the hands of one or more healthcare professionals. Many of us will do this several times, sometimes knowingly and sometimes not. Much medical and surgical treatment is intrinsically dangerous, but so would be the failure to treat many people who are ill or injured. And so, inevitably, many people die in the course of medical and surgical treatment. Sometimes this is simply because some people cannot be saved, and much treatment is inherently risky. But sometimes it is because of negligence. Many people also suffer hugely without dying and are left permanently damaged or traumatized by the experience, but what should be done in these cases is not for this chapter but a different one (Griffiths and Sanders, 2013).
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References
Ashworth, A and J Horder (2013) Principles of Criminal Law (Oxford: Oxford University Press)
Birmingham Post Late, 13 July 2010
Brazier, M and N Allen (2007) ‘Criminalising Medical Malpractice’ in C Erin and S Ost (eds), The Criminal Justice System and Health Care (Oxford: Oxford University Press), p. 21
Crown Prosecution Service (2014) Homicide: Murder and Manslaughter www.cps.gov.uk/legal/h_to_k/homicide_murder_and_manslaughter
Devlin, M (2010) ‘Medical Manslaughter’ 26 Medical Defence Union Journal 7–8
Dixon-Woods, M, K Yeung and C Bosk (2011) ‘Why Is UK Medicine No Longer a Self-regulating Profession? The Role of Scandals Involving “Bad Apple” Doctors’ 73(10) Social Science and Medicine 1452–9
Dyer, C (2012) ‘Police Doctor Is Cleared of Manslaughter But Criticised as “Negligent”’ 344 British Medical Journal 739
Ferner, R and S McDowell (2006) ‘Doctors Charged with Manslaughter’ 99(6) Journal of the Royal Society of Medicine 309
Griffiths, D and A Sanders (2013) ‘The Road to the Dock: Prosecution Decision-making in Medical Manslaughter Cases’ in D Griffiths and A Sanders (eds), Bioethics, Medicine and the Criminal Law Volume 2: Medicine, Crime and Society (Cambridge: Cambridge University Press), p. 117
Herring, J (2010) Criminal Law Cases and Materials (Oxford: Oxford University Press) (5th edn)
Kazarian, M, D Griffiths and M Brazier (2011) ‘Criminal Responsibility for Medical Malpractice in France’ 27(4) Journal of Professional Negligence 188–99.
Law Commission (1996) Legislating the Criminal Code: Involuntary Manslaughter (London: The Stationery Office) http://lawcommission.justice.gov.uk/docs/lc237_Legislating_the_Criminal_Code_Involuntary_Manslaughter.pdf
McBarnet, D (1981) Conviction (London: Macmillan)
Mid Staffordshire NHS Foundation Trust (2013) Report of the Mid Staffordshire NHS Foundation Trust Public Inquiry (London: The Stationery Office) www.midstaffspublicinquiry.com/report
Miola, J (2011) ‘The Impact of the Loss of Deference towards the Medical Profession’ in A Alghrani, B Bennett and S Ost (eds), The Criminal Law and Bioethical Conflict: Walking the Tightrope (Cambridge: Cambridge University Press)
O’Doherty, S (2006) ‘Doctors and Manslaughter — Response from the Crown Prosecution Service’ 99(11) Journal of the Royal Society of Medicine 544
Quick, O (2006) ‘Prosecuting “Gross” Medical Negligence’ 33 Journal of Law and Society 429–40
Quick, O (2007) ‘Medical Manslaughter: The Rise (and Replacement) of a Contested Crime?’ in C Erin and S Ost (eds), The Criminal Justice System and Health Care (Oxford: Oxford University Press)
Quick, O (2010) ‘Medicine, Mistakes and Manslaughter: A Criminal Combination?’ 69(1) Cambridge Law Journal 186–203
Quick, O (2011) ‘Expert Evidence and Medical Manslaughter: Vagueness in Action’ 38(4) Journal of Law and Society 496–518
Riles, A (2005) ‘A New Agenda for the Cultural Study of Law: Taking on the Technicalities’ 53 Buffalo Law Review 973–1033
Sanders, A (2015) ‘Poor Thinking, Poor Outcome?: The Future of the Law Degree after the Legal Education and Training Review and the Case for Socio-Legalism’ in H Sommerlad et al. (eds), The Futures of Legal Education and the Legal Profession (Oxford: Hart Publishing)
Sanders, A, R Young and M Burton (2010) Criminal Justice (Oxford: Oxford University Press)
Smith, J and B Hogan (successive edns) Criminal Law (Oxford: Oxford University Press)
Valverde, M (2009) ‘Jurisdiction and Scale: Legal “Technicalities” as Resources for Theory’ 18(2) Social and Legal Studies 139–57
Wheeler, R (2002) ‘Medical Manslaughter: Why This Shift from Tort to Crime?’ 152 New Law Journal 593–4.
Williams, G (1983) Textbook of Criminal Law (London: Stevens)
Wilson, W (2008) ‘Dealing with Drug-induced Homicide’ in C Clarkson and S Cunningham (eds), Criminal Liability for Non-Aggressive Death (Aldershot: Ashgate)
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© 2016 Andrew Sanders and Danielle Griffiths
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Sanders, A., Griffiths, D. (2016). Following the Law or Using the Law? Decision-Making in Medical Manslaughter. In: Cowan, D., Wincott, D. (eds) Exploring the ‘Legal’ in Socio-Legal Studies. Palgrave Macmillan Socio-Legal Studies. Palgrave Macmillan, London. https://doi.org/10.1007/978-1-137-34437-3_11
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DOI: https://doi.org/10.1007/978-1-137-34437-3_11
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