Bona Fide Medical Procedures Carried Out in Accordance with the Law

Bona Fide Medical Procedures Carried Out in Accordance with the Law

The provision or withdrawal of treatment by a suitably qualified and competent medical practitioner, in the exercise of professional judgment and with the valid consent of a patient competent to decide, or under other lawful authority, does not ordinarily give rise to criminal liability. Likewise, treatment provided to a patient who lacks mental capacity is generally lawful where the applicable legal requirements are met, including where the treatment has been authorised under the relevant statutory framework, or where, in an emergency, it is necessary and in the patient's best interests. 

Most surgical procedures carry varying degrees of risk, and a patient's death may result from the course of treatment itself or from unexpected complications. The position may, however, be quite different where the medical practitioner has been grossly negligent in exercising professional judgment or in carrying out a medical procedure. In such circumstances, criminal liability may arise (see the section on "gross negligence manslaughter").