EMBARGOED UNTIL GMT 00:01HRS THURSDAY 1 JUNE 2006
Number of doctors charged with manslaughter rising in the UK
The number of doctors charged with manslaughter in the UK has risen substantially since the 1990s; however, the rate of conviction remains low.
The comprehensive review, which is published in the June issue of the Journal of the Royal Society of Medicine, examined cases from 1795 to December 2005.
The study identified 85 doctors in the UK charged with manslaughter since 1795.1 Sixty doctors have been acquitted compared to 22 recorded convictions and three pleas of guilty. Thirty-eight doctors have been charged since 1990.
“The number of doctors charged with manslaughter has risen steeply since the beginning of the 1990s,”said Dr Robin Ferner of Birmingham’s City Hospital.
“However, the rate of conviction remains low. The evidence suggests that doctors are being charged for reasons of vengeance or retribution rather than to protect patients,”he said.
The study by Dr Ferner and Sarah McDowell categorised all manslaughter cases according to a recognised classification of human error – mistakes, slips or lapses, and violations.
The authors found most doctors were charged as a consequence of mistakes (37) or slips (17) and a minority of alleged violations (16).
“Criminal prosecution of doctors is appropriate when there is clear evidence of violation; however, human error is unavoidable,”said Dr Ferner.
“Prosecuting doctors who make errors increases the number of doctors with ruined careers, but vilification of individuals does not lead to safer health systems,”he said.
The study calls for an open culture to help identify areas of weakness and foster improvements in health care systems.
“In the case of doctor error there are two choices, either we continue to perpetuate the myth of perfection or we examine the systems in which they work. Threats or fears of prosecution do not result in better health systems rather they lead to cover up where faults remain hidden and more patients die,”said Dr Ferner.
[ends]
‘Doctors charged with manslaughter in the course of medical practice, 1795 – 2005: a literature review’ by RE Ferner and SE McDowell is published in the June issue (Vol. 99) of the Journal of the Royal Society of Medicine.
1This figure excludes 47 individuals who were not medically qualified, three medical students and 31 practitioners who were accused of manslaughter associated with criminal abortion rather than errors during legitimate practice.
JRSM is the flagship journal of the Royal Society of Medicine. It has been published continuously since 1809. Its Editor is Dr Kamran Abbasi.
