Healthcare Scandals in the NHS: Crime and Punishment

Journal of Medical Ethics, Vol. 37, No. 4, pp. 230-32, 2011

4 Pages Posted: 22 Jun 2011 Last revised: 9 May 2016

See all articles by Amel Alghrani

Amel Alghrani

University of Manchester - School of Law

Margaret Brazier

Independent

Anne-Maree Farrell

University of Edinburgh - School of Law

Danielle Griffiths

Independent

Neil Allen

University of Manchester - School of Law

Date Written: January 31, 2011

Abstract

The criminal law in England plays a limited role in calling health professionals to account for failures in care. Normally, only if a gross error leads to death will a doctor or nurse face the prospect of prosecution. Doctors and nurses caring for patients under the Mental Health Act 1983 may however be prosecuted for willful neglect of a patient. We ask whether in the light of the Francis Report into failures of care at Mid Staffordshire NHS Foundation Trust Hospital (Mid Staffordshire Hospital) in England a much more general criminal offense of willful neglect of a patient should be considered.

Keywords: health care, criminal law, national health service, England, patient care

Suggested Citation

Alghrani, Amel and Brazier, Margaret and Farrell, Anne-Maree and Griffiths, Danielle and Allen, Neil, Healthcare Scandals in the NHS: Crime and Punishment (January 31, 2011). Journal of Medical Ethics, Vol. 37, No. 4, pp. 230-32, 2011, Available at SSRN: https://ssrn.com/abstract=1860115

Amel Alghrani (Contact Author)

University of Manchester - School of Law ( email )

Oxford Road
Manchester M13 9PL, M139PL
United Kingdom

Margaret Brazier

Independent ( email )

Anne-Maree Farrell

University of Edinburgh - School of Law ( email )

Edinburgh
Great Britain

Danielle Griffiths

Independent ( email )

Neil Allen

University of Manchester - School of Law ( email )

Manchester, M13 9PL
United Kingdom

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