Criminalising Medical Malpractice: A Comparative Perspective

The criminalization of healthcare malpractice has become a controversial topic in recent years, with studies showing a growing trend towards holding healthcare professionals accountable in England and Wales. In contrast, France has invoked the criminal process more readily to respond to cases of healthcare malpractice, even involving mere errors. This book compares English and French criminal law responses to healthcare malpractice and considers the lessons the French model can provide for potential reform in England and elsewhere. It highlights the impact of substantive criminal law and criminal procedure on the criminalization of healthcare malpractice and proposes that features of French criminal law and procedure might be useful in combating healthcare malpractice.

Format: Paperback / softback
Length: 182 pages
Publication date: 29 April 2022
Publisher: Taylor & Francis Ltd

The criminalization of healthcare malpractice has emerged as a highly contentious and widely discussed topic in recent years. Extensive research has revealed a notable trend towards holding healthcare professionals accountable for malpractice in England and Wales, effectively eroding the previously granted deference to doctors. The shifting perspective of judges towards clinical negligence claims has been extensively documented. Conversely, the role of the criminal process in England and Wales has received less scholarly attention, with the criminal law playing a relatively limited role in regulating substandard healthcare practices until recently. In contrast, France has long employed the criminal process more readily to address cases of healthcare malpractice, even when mere errors are involved.

This book aims to compare the criminal law responses to healthcare malpractice in England and France and assess the potential lessons that the French model can offer for potential reform in England and other jurisdictions. The HIV-contaminated blood episode serves as a primary illustration of the distinct approaches taken by France and England in addressing healthcare malpractice. Kazarian emphasizes the profound influence of rules of substantive criminal law and criminal procedure on the manner in which healthcare malpractice is criminalized in a particular country.

This book delves into the critical insights to be gleaned regarding the appropriateness of utilizing the criminal process to address instances of healthcare malpractice. It suggests that certain aspects of French criminal law and criminal procedure could be valuable in combating healthcare malpractice. By examining these comparisons, the book aims to contribute to the ongoing discourse on healthcare malpractice regulation and provide valuable insights for policymakers, practitioners, and scholars alike.

Dimension: 234 x 156 (mm)
ISBN-13: 9780367506681