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Deaths in the dental surgery: individual and organisational criminal liability.
Br Dent J. 2008 May 10; 204(9):497-502.BD

Abstract

This paper is intended to update dental practitioners and commissioners of dental services on the significance of the Corporate Manslaughter and Corporate Homicide Act 2007 which came into force in April 2008. The paper places the Act in the context of the potential criminal (as opposed to civil) liabilities of dental providers. It looks in detail at criminal liability, health and safety and gross negligence manslaughter. In particular it explains the essential elements of the new offence: the threshold question of which organisations are covered, the relevant duty of care, when an organisation may be culpable, and what penalties they may face on conviction. The paper concludes that any dental provider may be liable for one of these offences (health and safety, gross negligence manslaughter or the new corporate manslaughter offence) but only a limited number is likely ever to find themselves answering a criminal charge.

Authors+Show Affiliations

Durham University, 30 Old Elvet, Durham DH1 3BN.No affiliation info available

Pub Type(s)

Journal Article

Language

eng

PubMed ID

18469767

Citation

Wells, C, and D Thomas. "Deaths in the Dental Surgery: Individual and Organisational Criminal Liability." British Dental Journal, vol. 204, no. 9, 2008, pp. 497-502.
Wells C, Thomas D. Deaths in the dental surgery: individual and organisational criminal liability. Br Dent J. 2008;204(9):497-502.
Wells, C., & Thomas, D. (2008). Deaths in the dental surgery: individual and organisational criminal liability. British Dental Journal, 204(9), 497-502. https://doi.org/10.1038/sj.bdj.2008.349
Wells C, Thomas D. Deaths in the Dental Surgery: Individual and Organisational Criminal Liability. Br Dent J. 2008 May 10;204(9):497-502. PubMed PMID: 18469767.
* Article titles in AMA citation format should be in sentence-case
TY - JOUR T1 - Deaths in the dental surgery: individual and organisational criminal liability. AU - Wells,C, AU - Thomas,D, PY - 2008/03/07/accepted PY - 2008/5/13/pubmed PY - 2008/7/9/medline PY - 2008/5/13/entrez SP - 497 EP - 502 JF - British dental journal JO - Br Dent J VL - 204 IS - 9 N2 - This paper is intended to update dental practitioners and commissioners of dental services on the significance of the Corporate Manslaughter and Corporate Homicide Act 2007 which came into force in April 2008. The paper places the Act in the context of the potential criminal (as opposed to civil) liabilities of dental providers. It looks in detail at criminal liability, health and safety and gross negligence manslaughter. In particular it explains the essential elements of the new offence: the threshold question of which organisations are covered, the relevant duty of care, when an organisation may be culpable, and what penalties they may face on conviction. The paper concludes that any dental provider may be liable for one of these offences (health and safety, gross negligence manslaughter or the new corporate manslaughter offence) but only a limited number is likely ever to find themselves answering a criminal charge. SN - 1476-5373 UR - https://www.unboundmedicine.com/medline/citation/18469767/Deaths_in_the_dental_surgery:_individual_and_organisational_criminal_liability_ DB - PRIME DP - Unbound Medicine ER -