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4 - Violations

Published online by Cambridge University Press:  05 October 2013

Alan Merry
Affiliation:
University of Auckland
Alexander McCall Smith
Affiliation:
University of Edinburgh
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Summary

It is not only error that contributes to the failure of human endeavour. People drink, drive and wreak havoc on the road. Substandard structures are erected, and collapse, with loss of lives. Doctors in intensive care units fail to wash their hands between patients, and contribute to the problem of cross-infection. There are many situations like these in which harm flows from an action which, in contrast to an error, is quite deliberate in its conceptualisation and execution, even though no harm was intended. We have said that errors are entirely involuntary. The moral implications of an injury are quite different if some element of choice by the actor was involved in the actions which led to its causation. A mistake (mistakes being that subset of errors in which the flaw lies in the decision or plan) is defined as an error precisely because the actor believes that the action is an appropriate way of achieving an objective safely. He or she is acting in good faith, trying to do the best possible thing, but failing. A decision or plan can no longer be considered a mistake (or any other kind of error under the definition in chapter 3) if the person concerned knows that there is a more acceptable alternative, or an alternative more likely to achieve the given objective safely, and yet deliberately chooses the less satisfactory alternative.

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Publisher: Cambridge University Press
Print publication year: 2001

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  • Violations
  • Alan Merry, University of Auckland, Alexander McCall Smith, University of Edinburgh
  • Book: Errors, Medicine and the Law
  • Online publication: 05 October 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9780511806063.005
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  • Violations
  • Alan Merry, University of Auckland, Alexander McCall Smith, University of Edinburgh
  • Book: Errors, Medicine and the Law
  • Online publication: 05 October 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9780511806063.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Violations
  • Alan Merry, University of Auckland, Alexander McCall Smith, University of Edinburgh
  • Book: Errors, Medicine and the Law
  • Online publication: 05 October 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9780511806063.005
Available formats
×