ABSTRACT
This chapter explores what should be the appropriate reach of the criminal law in relation to healthcare institutions which have committed negligence causing death or injury. The chapter examines the effect of criminal law and sanctions on health institutions, and argues that the criminal law should employ appropriate tools to contribute to safety in this matter. The criminal law can only usefully contribute to ensuring safety and justice to harmed patients and their families if offences which allow these aims to be achieved are used. The chapter argues that corporate manslaughter is limited in achieving these aims. On the other hand, health and safety offences, and offences which penalise wilful neglect and ill-treatment at the corporate level can help to ensure the prevention of healthcare disasters, and offer some closure to harmed patients and the public. The chapter finally suggests that the criminal law alone cannot effectively guarantee healthcare safety or a means of compensation to victims of healthcare failure. Alternatives to the criminal process should be further encouraged and improved to provide a greater level of transparency and compensation to patients, and to support healthcare professionals in their practice, where they feel they can engage in a learning and open culture.
