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The Medical Professionals and Criminal Liability of Manslaughter "The Medical Error"

$ 70

Pages:210
Published: 2026-09-21
ISBN:978-99993-5-587-2
Category: Nowe wydanie
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Description

When a patient’s life is tragically lost, where does professional medical duty end and criminal guilt begin? In "The Medical Professionals and Criminal Liability of Manslaughter: The Medical Error", legal researcher Abdul Aziz Mohammed Ramas Al Rawas presents a critical and timely comparative analysis of the criminalisation of healthcare workers in both English common law and Omani statutory law. Across modern healthcare systems, doctors operate under intense pressure, within complex multi-disciplinary environments where human error can stem from broader institutional and systemic failures. Yet, current legal frameworks often apply a rigid standard of Gross Negligence Manslaughter (GNM) without requiring proof of intent or recklessness—potentially holding dedicated professionals individually liable for systemic shortcomings. Through a rigorous examination of landmark judicial precedents (such as Adomako, Rose, and Bawa-Garba), statutory provisions in Omani Law (including the Penal Code and Medical Practice Regulations), and influential review reports (Williams and Hamilton), this study addresses urgent legal questions: • Are medical professionals facing over-criminalisation for honest errors in judgement? • Is the doctrine of single-agency culpability fair in high-stress clinical settings? • How can legal systems strike a balance between public deterrence, patient safety, and shielding conscientious practitioners from an atmosphere of fear? Bridging doctrine and practice, this book offers vital insights and actionable proposals for legal reform, making it an essential resource for judges, prosecutors, lawyers, and healthcare professionals alike.
 



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