Write a research paper outlining the argument for or against criminalising medical misdiagnosis.For this final assignment of the course, I wanted to incorporate a current issue and trend taking place in the criminal justice system: medical misdiagnosis. Should medical misdiagnosis be a crime? Explore whether 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 homicide charges be brought against a doctor for the misdiagnosis of a patient?
Is there a difference between being overworked and lack of attention (negligence)?
What do you think?
You are to research and write about the applicable law in the United States (federal and/or state).
Write a two-page paper answering the above questions. 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. Use APA format for your citations if you are enrolled in a different program of study. In either situation, your references (citations) are to appear in FOOTNOTES (sequentially numbered on each page) rather than in endnotes at the back of the paper. An instructional document concerning using footnotes is attached.
