100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
First Class Gross Negligence Manslaughter notes $8.63
Add to cart
Quickly navigate to
Preview
  2.  
  3. The University Of Liverpool (UoL)
  4.  
  5. LLB Law
  6.  
  7. Medical Law and Ethics I (LAW051)

Study guide

First Class Gross Negligence Manslaughter notes
 1 purchase
  • Course
  • Medical Law and Ethics I (LAW051)
  • Institution
  • The University Of Liverpool (UoL)
  • Book
  • Medical Law

This 7-page document contains notes of a First Class standard covering the entire Gross Negligence Manslaughter topic, including the definition of medical manslaughter, breach amounting to 'gross' negligence, post-Adomako developments, and sentencing. All cases are summarised succinctly and there a...

[Show more]

Preview 2 out of 7  pages

Document information

  • August 18, 2020
  • 7
  • 2019/2020
  • Study guide

Subjects

  • gross negligence
  • manslaughter
  • adomako
  • law llb
  • law
  • first class
  • medical
  • medical law
  • medical law and ethics
  • ethics
  • gross negligence manslaughter

Connected book

book image

Book Title:

Author(s):

  • Edition:
  • ISBN:
  • Edition:

Written for

  • The University of Liverpool (UoL)
  • LLB Law
  • Medical Law and Ethics I (LAW051)
All documents for this subject (4)

Seller

avatar-seller
dulcieannjones

Content preview

GROSS NEGLIGENCE
MANSLAUGHTER




2019/2020
MEDICAL LAW AND ETHICS I

, Medical errors are usually framed as a civil matter (breach of contract, clinical negligence, etc). Criminal
liability in medical malpractice mainly captures gross negligence manslaughter. Its limited scope means
that criminal cases are rare. But, when they do reach the court, they can attract widespread attention.
For example, the case of Michael Jackson:

Michael Jackson's doctors’ behaviour was considered to be an ‘extreme departure from the standard of
care’ particularly with regard to treating insomnia with a surgical anaesthetic; failing to acquire
informed consent; administering without necessary monitoring; delayed contact with emergency
services; and ineffective resuscitation efforts. He was sentenced to four years imprisonment.

These cases, however, are not straightforward. As Hannah Quirk (2013) points out, "not only do
[doctors] possess professional status and specialist expertise… but they usually have no malicious
intention, have not acted for personal gain and often arouse sympathy." She also notes that
prosecutors, judges and juries all struggle to work out when negligence should be considered gross.


DEFINING MEDICAL MANSLAUGHTER


General definition

R v Bateman [1925] is the starting point. It is not particularly helpful but there is an attempt to define
GNM.

Lord Hewart offered the following definition:

"the negligence of the accused went beyond a mere matter of compensation… and showed such
disregard for the life and safety of others as to amount to a crime."

The issue with this is that these are bold terms that have not been qualified further. How far beyond a
mere matter of compensation must one go? What constitutes 'such disregard'? There is a complete
lack of certainty in this case, but it forms the foundation of GNM on which later cases build on.

R v Adomako [1995] –
Facts: The appellant was an anaesthetist in charge of a patient during an eye operation. During the
operation an oxygen pipe became disconnected and the patient died. The appellant failed to notice or
respond to obvious signs of disconnection. An assistant was meant to be present but never showed up
and Adomako was working on very little sleep. He was convicted of GNM.

Held, by the HoL (per Lord Mackay): Negligence is 'gross' when it is so bad that it should be criminal. It
is for the jury to consider the extent to which the defendant's conduct departed from the proper
standard of care incumbent upon him.

Lord Mackay admitted that the offence involves an element of circularity. However, he reasoned that
an attempt to specify the degree more closely would likely achieve a 'spurious precision'.

The House of Lords, drilling down the elements in Bateman, summarised the requisite elements as
follows:

Part one • A patient has died
• He was owed a duty of care
• The duty of care was breached

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller dulcieannjones. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $8.63. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

64257 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 15 years now

Start selling
$8.63  1x  sold
  • (0)
Add to cart
Added