• Commentary
  • Published December 2018

Drs Bramhall and Bawa-Garba and the rightful domain of the criminal law.

Labeling medical negligence as a criminal act can affect transparency and disclosure behaviors across professional health care communities. This commentary discusses two high-profile cases from the United Kingdom to explore the appropriateness of assigning criminality in either instance—one centered on human error that contributed to the death of a child and the other involved negligent actions but resulted in no permanent patient harm.

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