The criminalisation of healthcare malpractice has become a highly
topical and somewhat controversial question in recent years.
Studies have demonstrated that in England and Wales, the trend
towards holding healthcare professionals to account for malpractice
is rapidly growing, abolishing the deference doctors enjoyed
decades ago. The changing attitude of judges to claims for clinical
negligence has been well documented. The role of the criminal
process in England and Wales has been less fully analysed with the
criminal law playing a very limited role until recently in the
regulation of poor healthcare practice. In contrast, in France, the
criminal process has for a long time been invoked more readily to
respond to cases of healthcare malpractice, which involved even
mere errors. This book compares English and French criminal law
responses to healthcare malpractice and considers what lessons the
French model can provide for potential reform in England and
elsewhere. The book takes the HIV-contaminated blood episode as a
primary example of the different approaches France and England have
in dealing with healthcare malpractice. Kazarian emphasises the
impact of rules of substantive criminal law and criminal procedure
on the way in which healthcare malpractice is criminalised in a
given country. This book explores the key lessons to be drawn on
whether the criminal process is an appropriate means to respond to
instances of healthcare malpractice. It proposes that features of
French criminal law and criminal procedure might be useful to
counteract healthcare malpractice.
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