Answer the question below with reference to statute, case law and academic commentary:
1. “It is wrong that a health care professional’s liability in criminal law for gross negligence manslaughter is wholly dependent on the effects of his/her conduct. These effects may sometimes be out of all proportion to the seriousness of the conduct/wrong doing, and indeed be a matter of chance or what in philosophical discussion is referred to as ‘moral luck’. Such focus on consequences, as opposed to the systems in which the wrongful conduct arose, does little to promote patient safety, or reduce error in healthcare. Criminal justice serves no positive role in the regulation of healthcare.”
Critically discuss
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