Involuntary automaticity : a critical examination of the legal defence for medical malpractice

Abstract

This dissertation examines the legal defence of involuntary automaticity in relation to an allegation of medical malpractice. In this respect, it will focus mainly on an international perspective due to the lack of information on the defence in Malta. The research will consist on the examination of the phenomenon of automaticity and how its consequences lead to errors being made. The defence of automatism is then researched through an indepth examination on case law and its outcomes, specifically Il-Pulizija vs Mario Gatt, which is the only Maltese case to incorporate automatism. The research goes on to compare the two concepts of automatism and automaticity and how they are closely related to each other; the main reason is that of an involuntary action and the lack of mens rea. Furthermore, this study also examines the legal Latin maxim of actus non facit reus nisi mens sit rea, which require that the actus reus, the voluntary act, is coupled with the mens rea, the guilty mind, in order to hold an individual criminally liable. Through Maltese and international research, the involuntary action, and its importance to fulfil criminal liability has been addressed. The study further critically examines the intention and foreseeability of the outcome of the action done by the wrong doer, in order to determine whether automaticity allows for the possibility of intention and foreseeability. Finally, this dissertation concludes by summarising the results found throughout the previous chapters, along with drawing a conclusion on the possible successful use of the legal defence of automaticity for an allegation of medical malpractice.