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New Zealand's medical manslaughter
1Rainey Collins Wright & Co., Wellington, New Zealand.
Medicine and Law
|January 1, 1992
Summary
New Zealand doctors face manslaughter charges for patient deaths due to lack of reasonable care. The law equates simple carelessness with criminal negligence, unlike in civil cases.
Area of Science:
- Medical Law
- Criminal Law
- Medical Ethics
Background:
- Doctors in New Zealand are subject to prosecution for manslaughter.
- Patient death resulting from a doctor's failure to exercise reasonable knowledge, skill, and care can lead to charges.
Observation:
- The legal standard in New Zealand does not differentiate between criminal negligence and the standard of negligence applied in civil law.
- A breach of the duty to use reasonable knowledge, skill, and care can be established by mere carelessness on the part of the doctor.
Findings:
- The article analyzes New Zealand's legal framework concerning medical manslaughter.
- It specifically references the significant case of R v Yogasakaran [1990] 1 NZLR 399.
- This case involved a petition to the Privy Council, highlighting its legal importance.
Implications:
- The findings underscore the stringent legal accountability for medical professionals in New Zealand.
- Understanding this legal standard is crucial for doctors to avoid potential criminal liability.
- The case of R v Yogasakaran provides a key precedent in the application of medical manslaughter law.