For this final assignment of the course, I wanted to incorporate a current issue and trend taking place in the criminal just system: medical misdiagnosis. Should medical misdiagnosis be a crime? Over the past 20 years, more and more criminal indictments have been taking place against doctors charged with negligence that resulted in the death of patients.
Are doctors making mere mistakes or are they negligent or acting in a reckless manner resulting in criminal liability?
Should criminal charges be brought without willful misconduct? Should a doctor lose their license? Are there healthcare and/or business reasons that affect such decisions (whether positively or negatively)?
Should murder charges be brought against a doctor for the misdiagnosis a patient?
Is there a difference between being overworked and lack of attention (negligence)?
What do you think?
Also, find a recent case (within the past 5-10 years), detail the facts of the case and include the outcome. Include your personal opinion, but also make sure you support your response with legal reasoning, utilizing relevant case law and the Model Penal Code.
