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Wilfull neglect in the medical profession

The debate is an interesting one, relating to whether the Criminal Law should be changed so that doctors and nurses guilty of wilful neglect can be prosecuted. The view of Hamish Meldrum (Chairman of the British Medical Association) is a reasonable one. It is debatable whether any nurse or doctor in this country deliberately sets out to neglect their patients. In cases such as Mid Staffordshire Hospital a culture of neglect developed for a number of reasons.

 

Do we need to introduce a criminal offence to address this situation? In my view we probably do not. All medical professionals are bound by the rules of their profession and are open to punishment by their governing bodies such as the General Medical Council. In addition there is the civil law which is available to relatives of those who have died through wilful neglect by medical staff. No amount of compensation will compensate someone for the loss of a loved one but damages are available in the civil law. The advantage of civil proceedings, over the criminal law, is the burden of proof is easier to establish. In Criminal Law it is necessary to prove the case beyond reasonable doubt (which may be very difficult in cases of this nature) whereas in the civil law the burden of proof is on the balance of probabilities. This is a much easier target to achieve.

For more information on Medical Negligence contact Nockolds Personal Injury Team accidents@nockolds.co.uk

Ivan Moody (profile) Ivan Moody Tuesday 1st February 2011
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