K. Kannan
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780198082880
- eISBN:
- 9780199082827
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198082880.003.0006
- Subject:
- Law, Medical Law
A much abused area of practice in courts is the conflict situation which arises by a mismatch of what the patient expects to secure and what the doctor’s treatment results in. Complaints of medical ...
More
A much abused area of practice in courts is the conflict situation which arises by a mismatch of what the patient expects to secure and what the doctor’s treatment results in. Complaints of medical negligence have different components and standards of proof depending on the forum of action. Consequently, the reliefs and motivations in each type are different. In a case of criminal negligence, the standard of proof is very high. If proved, the accused is sentenced to imprisonment, fine, or damages. In an action as civil wrong, also called a tort, the remedy lies in damages. Actions before consumer fora are in the genre of tort claims but as per the provisions under the Consumer Protection Act, the proof shall be a deficiency of service that looks for deviation from standard practice in order that the complaint is actionable.Less
A much abused area of practice in courts is the conflict situation which arises by a mismatch of what the patient expects to secure and what the doctor’s treatment results in. Complaints of medical negligence have different components and standards of proof depending on the forum of action. Consequently, the reliefs and motivations in each type are different. In a case of criminal negligence, the standard of proof is very high. If proved, the accused is sentenced to imprisonment, fine, or damages. In an action as civil wrong, also called a tort, the remedy lies in damages. Actions before consumer fora are in the genre of tort claims but as per the provisions under the Consumer Protection Act, the proof shall be a deficiency of service that looks for deviation from standard practice in order that the complaint is actionable.
Walter Glannon
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199599844
- eISBN:
- 9780191725227
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199599844.003.0002
- Subject:
- Law, Medical Law
This chapter presents eight cases to frame and discuss the question of how neuroscience, in the form of neuroimaging, can inform evaluations of people's actions in the criminal law realm. The ...
More
This chapter presents eight cases to frame and discuss the question of how neuroscience, in the form of neuroimaging, can inform evaluations of people's actions in the criminal law realm. The discussion supports the view that neuroscience can inform but not determine judgments of criminal responsibility. The cases presented suggest that brain imaging may be more useful in assessing judgments of criminal negligence, less useful in cases of impulsive behaviour and psychopathy, and least useful in judgments of criminal intent. It cautions against falling prey to a so-called ‘brain overclaim syndrome’.Less
This chapter presents eight cases to frame and discuss the question of how neuroscience, in the form of neuroimaging, can inform evaluations of people's actions in the criminal law realm. The discussion supports the view that neuroscience can inform but not determine judgments of criminal responsibility. The cases presented suggest that brain imaging may be more useful in assessing judgments of criminal negligence, less useful in cases of impulsive behaviour and psychopathy, and least useful in judgments of criminal intent. It cautions against falling prey to a so-called ‘brain overclaim syndrome’.
Walter Glannon
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199734092
- eISBN:
- 9780199894475
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199734092.003.0012
- Subject:
- Philosophy, Moral Philosophy
This chapter discusses how neuroscience, in the form of neuroimaging, can inform but not determine whether an individual has the requisite mental capacity to be responsible for criminal behavior. ...
More
This chapter discusses how neuroscience, in the form of neuroimaging, can inform but not determine whether an individual has the requisite mental capacity to be responsible for criminal behavior. Brain dysfunction can be a matter of degree, and this may influence judgments of responsibility, mitigation, and excuse in the criminal law. In analyzing these judgments, the chapter distinguishes among lacking mental capacity, having partial capacity, and having full capacity but failing to exercise it. Behavioral criteria are necessary in addition to data from brain imaging to establish criminal responsibility.Less
This chapter discusses how neuroscience, in the form of neuroimaging, can inform but not determine whether an individual has the requisite mental capacity to be responsible for criminal behavior. Brain dysfunction can be a matter of degree, and this may influence judgments of responsibility, mitigation, and excuse in the criminal law. In analyzing these judgments, the chapter distinguishes among lacking mental capacity, having partial capacity, and having full capacity but failing to exercise it. Behavioral criteria are necessary in addition to data from brain imaging to establish criminal responsibility.
