Medical Negligence and Criminal Law: An Indian Perspective

Crimes against a person's physical integrity are a serious and consequential felony in the Islamic criminal law. A war veteran and victim of chemical warfare deceased at the age of 69 was referred to Kahrizak Legal Medicine Center, Tehran, Iran for autopsy. According to Iranian law, deceased war veterans should undergo autopsy to have the potential damage to their organs due to chemical warfare identified, so that due compensation can be awarded to their heirs. When the chest was opened and the pericardium was removed to separate the heart from arterial bases, a sterile gauze was astonishingly found in the mediastinal cavity. According to the history provided by his children, the veteran had undergone coronary artery bypass graft (CABG) 10 years before, which had caused him physical and mental frailty and ultimately led to his death following a respiratory infection.

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The Concept of Penal Mediation for the Crime of Medical Negligence in Realizing Legal Protection for Medical Personnel and Patients or Their Families

International Journal of Multicultural and Multireligious Understanding ◽

10.18415/ijmmu.v8i2.2406 ◽

2021 ◽

Vol 8 (2) ◽

pp. 147

Author(s):

Rudy Sapoelete ◽

Muhadar Muhadar ◽

Otto Yudianto ◽

Budiarsih Budiarsih

Keyword(s):

Cultural Values ◽

Criminal Law ◽

Descriptive Analysis ◽

Legal Protection ◽

Medical Personnel ◽

Analysis Data ◽

Law Reform ◽

Medical Negligence ◽

Central Values ◽

The Social

The research objective was to determine the form of legal protection for medical personnel and patients or their families for criminal acts of medical negligence and the form of the mediation concept of penalties for medical negligence. This research uses normative juridical legal research, is descriptive analysis, data sources are primary and secondary legal materials. Medical negligence lies between deliberate and coincidence, the crime of medical negligence is not mens rea, culpa offense is a false offense. The concept of penal mediation for the criminal act of medical negligence is to bring together medical personnel with patients or their families directly, changing the perspective of criminal law towards a humanistic criminal law, because the main focus isn’t on retaliation but on efforts to restore and make peace. The concept of penal mediation isn’t intended to maintain discretionary measures by law enforcers but to provide a place for penal mediation for criminal acts of medical negligence in the criminal justice system in realizing legal protection for medical personnel and patients or their families. The concept of penal mediation in realizing legal protection for medical personnel and patients or their families is a reform of criminal law as a reflection of restorative justice that needs to be regulated and by offering conditional norms. Criminal law reform must be carried out by reviewing and reconstructing criminal law in accordance with the social central values and socio-cultural values of the Indonesian people so that Indonesia's criminal law in the future is filled with Pancasila values.

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MEDICAL NEGLIGENCE SUBJECT TO CRIMINAL LAW

Wiadomości Lekarskie ◽

10.36740/wlek201911118 ◽

2019 ◽

Vol 72 (11) ◽

Author(s):

Nataliya Gutorova ◽

Oleksandr Zhytnyi ◽

Tetyana Kahanovska

Keyword(s):

Criminal Law ◽

Medical Negligence

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Indian Perspective of Development of Criminal Law

SSRN Electronic Journal ◽

10.2139/ssrn.3875515 ◽

2021 ◽

Author(s):

Sohom Saha

Keyword(s):

Criminal Law ◽

Indian Perspective

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Medical manslaughter and corporate liability

Legal Studies ◽

10.1111/j.1748-121x.1999.tb00098.x ◽

1999 ◽

Vol 19 (3) ◽

pp. 316-338 ◽

Cited By ~ 3

Author(s):

Mary Childs

Keyword(s):

Medical Treatment ◽

Criminal Law ◽

Complex Pattern ◽

Medical Negligence ◽

Alternative Approach ◽

Hospital Deaths ◽

The Law ◽

Corporate Manslaughter ◽

Corporate Liability

Recent years have seen a rise in the number of manslaughter prosecutions following deaths caused by improper medical treatment. Such prosecutions of individual doctors are problematic because, in many cases, a complex pattern of failures has contributed to the death. One alternative approach would be that of pursuing corporate manslaughter prosecutions against hospital trusts, but current law makes such prosecutions difficult. The Law Commission's proposed offence of corporate killing could, if adopted, form the basis of prosecutions following some hospital deaths. The article considers arguments for and against the use of criminal law in response to deaths caused by medical negligence.

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