Defective medical devices: Analysing the role of the criminal law in the PIP breast implants scandal

Kazarian, Melinee 2016. Defective medical devices: Analysing the role of the criminal law in the PIP breast implants scandal. Contemporary Issues in Law 13 (4)

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Abstract

The criminalisation of healthcare malpractice has been much debated and criticised in recent years. Research in this area has led to arguments that the criminal law is not always effective to respond to healthcare malpractice by criminalising individual professionals. Some have argued that the criminal law should only be used to prosecute the most serious cases of healthcare negligence showing a high level of moral culpability and which reflect a deliberate or reckless state of mind. While new offences of ill-treatment and wilful neglect have been included in the Criminal Justice and Courts Act 2015 in England, so far the criminal process has not played a major role in seeking to respond to healthcare failure.

Item Type:	Article
Date Type:	Published Online
Status:	Published
Schools:	Schools > Cardiff Law & Politics
Publisher:	Lawtext Publishing
ISSN:	1357-0374
Date of First Compliant Deposit:	16 May 2025
Date of Acceptance:	2016
Last Modified:	16 May 2025 10:45
URI:	https://orca.cardiff.ac.uk/id/eprint/177942

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