The Criminal Justice System and Health Care
Charles A. Erin and Suzanne Ost
Abstract
This book analyses how the criminal justice system regulates health care practice, and to what extent it can and should be used as a tool to resolve ethical conflict in health care. For most of the 20th century, the criminal courts were engaged in matters relating to medicine principally as a forum to resolve ethical controversies over the sanctity of life. However, the judiciary approached this function with reluctance, and a marked tendency to defer to the medical profession to define what constituted ethical, and thus lawful conduct. Over the past 25 years, the criminal law has increasingly ... More
This book analyses how the criminal justice system regulates health care practice, and to what extent it can and should be used as a tool to resolve ethical conflict in health care. For most of the 20th century, the criminal courts were engaged in matters relating to medicine principally as a forum to resolve ethical controversies over the sanctity of life. However, the judiciary approached this function with reluctance, and a marked tendency to defer to the medical profession to define what constituted ethical, and thus lawful conduct. Over the past 25 years, the criminal law has increasingly been drawn into the fray, becoming a major actor in the resolution of ethical conflict. The trend to prosecute for aberrant professional conduct or medical malpractice and the role of the criminal process in medicine has been analytically neglected in the UK. There is scant literature addressing the appropriate boundaries of the criminal process in resolving ethical conflict, the theoretical legal analysis of the law's relationship with health care, or the practical impact of the criminal justice system on professionals and the delivery of health care in the UK. This volume addresses these issues via a combination of theoretical analyses and key case studies, drawing on the experiences of other carefully selected jurisdictions. It places a particular emphasis on the appropriateness of the involvement of the criminal justice system in health care, the limitations of this developing trend, and solutions to the problems it throws up.
Keywords:
medical malpractice,
medical accountability,
health care,
ethics,
criminal law,
criminalization,
criminal justice system,
medical manslaughter,
euthanasia
Bibliographic Information
Print publication date: 2007 |
Print ISBN-13: 9780199228294 |
Published to Oxford Scholarship Online: January 2009 |
DOI:10.1093/acprof:oso/9780199228294.001.0001 |
Authors
Affiliations are at time of print publication.
Charles A. Erin, editor
Senior Lecturer in Applied Philosophy, School of Law, University of Manchester
Suzanne Ost, editor
Senior Lecturer in Law, Law School, Lancaster University
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