Rogue Cosmetic Surgeons and the Criminal Law
The disturbing case of breast surgeon, Ian Paterson, who mutilated countless patients over a period of several years, was a shocking example of a rogue surgeon. English criminal law plays only a minor role in regulating harmful medical misconduct, traditionally limited to gross negligence manslaughter. The conviction of Ian Paterson, in 2017, however, involved multiple convictions for serious non-fatal offences: unlawful wounding and intentionally causing grievous body harm, for which Paterson is now serving a twenty-year prison sentence. This case raises important questions about the role of the criminal law as a response to harmful and unreasonable/unjustifiable surgery. Paterson’s crimes include carrying out unnecessary, mutilating surgery on people who were falsely led to believe that the surgery was necessary and therapeutic. The prosecution’s case suggested that Paterson’s crimes were motivated by the lucrative financial rewards from his private surgical practice. Reflecting on P...