Understanding Medical Manslaughter and Neonatology

Medical manslaughter is a grave criminal offense that occurs when a doctor’s act or omission of gross negligence results in a patient’s death. When it comes to neonatology, the ethical and legal considerations surrounding medical manslaughter can be particularly complex and nuanced.

The Bolam Test and Breach of Duty

To prove medical manslaughter, the prosecution must first demonstrate a breach of duty as judged by the Bolam test. In the context of neonatology, this means that a neonatologist who causes the death of a baby during bona fide treatment without deliberately killing the child will not be guilty of a crime if she is acting in accordance with a respectable school of thought.

Assessing a Baby’s Condition

When a neonatologist is called to assess a baby, her first duty is to evaluate the baby’s condition. If she determines that attempting resuscitation would not be in the best interest of the baby and a respectable school of thought would have taken the same view, she cannot be guilty of a crime because she will not be guilty of negligence. However, the case will be judged in all circumstances, so a consultant at a major teaching hospital cannot rely solely on the fact that a reasonable pediatrician in a peripheral unit with poor facilities would have decided the case was hopeless.

Gross Negligence and Criminal Sanctions

Even if a neonatologist’s failure to resuscitate a baby did hasten the baby’s death, the prosecution must still prove that no respectable neonatologist would have failed to resuscitate the child in those circumstances. Furthermore, the negligent failure must be gross, so the jury is sure that the action merits a criminal sanction.

Trust Spodek Law Group for Your Criminal Defense Needs

If you or a loved one is facing charges of medical manslaughter, it is crucial to seek the guidance of an experienced criminal defense attorney who can help you navigate the legal complexities of your case. At Spodek Law Group, our skilled attorney Todd Spodek has a proven track record of successfully defending clients facing serious criminal charges. Contact us today to schedule a consultation and learn how we can help protect your rights and defend your freedom.

Understanding Legislative and Case Law in Neonatal-Perinatal Medicine

The US legal system can be complex and confusing, particularly when it comes to distinguishing between legislative law and case law. While a significant portion of US law is based on common law with roots in English law, much of it is also created by elected legislative bodies. This dynamic interplay between legislative and case law can have significant implications in the field of neonatal-perinatal medicine.

The Role of Common Law

The common law, which is based on judicial decisions from past cases, provides the foundation for many legal disciplines, including criminal law, contracts, property, and torts. Judges create common law by evaluating disputes between parties, and landmark cases like Brown v Board of Education and Roe v Wade have become US law through judicial decisions.

The Importance of Legislative Law

In addition to case law, many laws are created by elected legislative bodies, like the US Congress or state legislature. While the judiciary generally has the authority to interpret and apply these laws, it is the responsibility of the legislature to change them. This was demonstrated in the case of Vo v Superior Court, in which the Arizona Court of Appeals determined that the unlawful killing of a fetus could not be considered murder because the legislature did not include fetuses in the definition of a person or human being in the murder statutes.

The Dynamic Balance Between Legislative and Case Law

The Vo case highlights the dynamic balance between the two branches of government that create law. While the court determined that it was the responsibility of the legislature to change the definition of manslaughter, the legislature responded by expanding the definition of manslaughter to include the unlawful killing of a fetus. This interplay between legislative and case law can have significant implications for medical professionals, particularly those practicing in the field of neonatal-perinatal medicine.

Trust Spodek Law Group for Your Criminal Defense Needs

If you or a loved one is facing criminal charges in the field of neonatal-perinatal medicine, it’s essential to seek the guidance of an experienced criminal defense attorney who can help you navigate the complexities of the US legal system. At Spodek Law Group, our skilled attorney Todd Spodek has a proven track record of successfully defending clients facing serious criminal charges. Contact us today to schedule a consultation and learn how we can help protect your rights and defend your freedom.

Understanding Corporate Liability for Manslaughter

Corporate manslaughter is a serious offense that can have significant legal and financial implications for businesses. Understanding the historical background and legal principles of corporate manslaughter is essential for any organization that wants to avoid the risk of being held liable for this offense.

The Roots of Corporate Manslaughter

The offense of corporate manslaughter has its roots in the common law offense of gross negligence manslaughter, which at the time could apply to corporate entities. Under the common law, a company could be prosecuted for manslaughter as long as a member of the organization was also prosecuted. This person had to be identified as the “controlling mind” of the company, meaning someone who held sufficient control of the company to be deemed responsible for its actions. This was known as the “identification principle.”

The Elements of Corporate Manslaughter

To prove corporate manslaughter, the prosecution must demonstrate that the company had a duty of care to the victim, that the company breached that duty of care, and that the breach caused the victim’s death. The breach of duty must be gross, meaning it must fall far below what can reasonably be expected of the organization in the circumstances. This can include a failure to provide adequate training, supervision, or equipment, or a failure to implement and enforce appropriate safety protocols.