1,721,078 research outputs found
Gross Negligence Manslaughter in Healthcare: Time for a Restorative Justice Approach?
Full text linkThis article explores the merits of employing a restorative justice approach in cases of gross negligence manslaughter involving healthcare professionals, in line with the recent policy turn towards developing a just culture in addressing episodes of healthcare malpractice within the National Health Service in England. It is argued that redress for victims and rehabilitation of offenders should operate as key values, underpinning the adoption of a restorative justice approach in such cases. It would also be vital that a structured pathway was designed that established suitable protocols and safeguards for both victims and offenders taking account of problematic issues such as the informality of the process, power asymmetries between parties, and the context in which the offence took place. Taking all such matters into account, we propose that consideration be given to establishing a pilot involving the use of restorative justice in cases of gross negligence manslaughter involving healthcare professionals, which would be subject to judicial and stakeholder oversight to ensure transparency and accountability, which in turn could inform future policy options
When Things Go Wrong: Patient Harm, Responsibility and (Dis)empowerment
No full textThis chapter considers the relationship between patient autonomy and responsibility where patients suffer harm as a result of healthcare treatment.We focus on the notion of empowerment as a key variable influencing this relationship. We argue that relationships between patient and healthcare provider are socially and institutionally embedded and influenced by power asymmetries and paternalism. Where moves to try to ensure that patient responsibility is upheld are made, it is important to recognise the influential role played by cultures and practices in healthcare systems which act as barriers to patient empowerment. Our arguments draw on empirical data in the form of patient interviews where harms have been suffered as a result of healthcare provision
When Things Go Wrong: Patient Harm, Responsibility and (Dis)empowerment
No full textThis chapter considers the relationship between patient autonomy and responsibility where patients suffer harm as a result of healthcare treatment.We focus on the notion of empowerment as a key variable influencing this relationship. We argue that relationships between patient and healthcare provider are socially and institutionally embedded and influenced by power asymmetries and paternalism. Where moves to try to ensure that patient responsibility is upheld are made, it is important to recognise the influential role played by cultures and practices in healthcare systems which act as barriers to patient empowerment. Our arguments draw on empirical data in the form of patient interviews where harms have been suffered as a result of healthcare provision
The role of the criminal law in healthcare malpractice in France: examining the HIV blood contamination scandal
No full textWhen Things Go Wrong: Patient Harm, Responsibility and (Dis)empowerment
No full textThis chapter considers the relationship between patient autonomy and responsibility where patients suffer harm as a result of healthcare treatment.We focus on the notion of empowerment as a key variable influencing this relationship. We argue that relationships between patient and healthcare provider are socially and institutionally embedded and influenced by power asymmetries and paternalism. Where moves to try to ensure that patient responsibility is upheld are made, it is important to recognise the influential role played by cultures and practices in healthcare systems which act as barriers to patient empowerment. Our arguments draw on empirical data in the form of patient interviews where harms have been suffered as a result of healthcare provision
The role of the criminal and the criminal process in healthcare malpractice in France and England
No full textEuropean Law and New Health Technologies: The Research Agenda
No full textMaps the research agenda that underpinned the edited collection 'European Law and New Health Technologies', that this pieces introduces
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