StayCurrentMD · Medical manslaughter: Resolving circularity
Article1 min read·Published Apr 2019Older

Medical manslaughter: Resolving circularity

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Article · Apr 2019 · 1 min read

In brief

In brief

This commentary examines the legal framework for medical manslaughter prosecutions, focusing on the concept of betrayal of trust as a basis for gross negligence convictions. The author supports Wheeler and Wheeler's alternative formulation while noting it requires further development and broader application across medical practice.

Written by the GCMD Library team from the article.

Recently the Royal College of Surgeons, England, republished in their Bulletin (Vol 101, Issue 2) an article from the February 2019 issue of the Journal authored by Robert Wheeler and Rupert Wheeler entitled Medical Manslaughter: Resolving Circularity. In the final section titled An alternative formulation — the betrayal of trust, the authors discuss the role of the failure of trust as the legal basis for prosecution and conviction for gross negligence manslaughter. I agree with their opinion, but it needs much fleshing out and could be applied more widely.

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