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BMJ. 2019 Mar 7;364:l706. doi: 10.1136/bmj.l706.

Criminalisation of unintentional error in healthcare in the UK: a perspective from New Zealand.

Author information

Auckland City Hospital and University of Auckland, Park Rd, Grafton 1010, Auckland, New Zealand
Department of Paediatrics, Hull Royal Infirmary, Anlaby Road, Hull, HU3 2JZ, UK.
Ealing Hospital, North West London Healthcare NHS Trust, Uxbridge Road, Southall, London, UB1 3HW, UK.
Charing Cross Hospital, Imperial College Healthcare NHS Trust. Fulham Palace Road, London W6 8RF.
Auckland City Hospital and University of Auckland, Park Rd, Grafton 1010, Auckland, New Zealand.
University of Auckland, Auckland 1142, New Zealand.
Leicester Medical School, Infirmary Road, Leicester LE1 5WW, UK.
[Indexed for MEDLINE]

Conflict of interest statement

Competing interests: RA: the NZ perspective is through the lens of unintentional error and does not address other challenges faced by the NZ health system such as inequitable access to healthcare. JC is Bawa Garba’s educational supervisor and has supported her throughout the criminal and regulatory process. He does not work in the Children’s hospital and was not involved in Jack’s clinical care or the UHL Trust investigations. JV was the medical lead in the successful appeal against conviction of David Sellu (FRCS) and a supporter of Bawa-Garba. HK is a frontline NHS consultant who served for over 15 years on the national clinical advisory group for Paediatric Intensive Care Audit, is involved in training for healthcare professionals at multiple levels and has set up groups for the active participation of service users in healthcare development. Her knowledge of this case is through personal contact and mentorship of some of the individuals. She co-wrote a blog used by Team Hadiza to fund raise for an independent legal opinion. AM is an anaesthetist whose research and writing addresses the safety and regulation of healthcare. He chairs the Board of the Health Quality and Safety Commission in New Zealand. He has studied and reported through books, book chapters and papers in peer-reviewed journals on patient safety, human factors in healthcare and legal responses to negligence in healthcare.

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