Healthcare serial killer or coincidence? Statistical issues in investigation of suspected medical misconduct

Abstract

Justice systems are sometimes called upon to evaluate cases in which health-care professionals are suspected of killing their patients illegally. These cases are difficult to evaluate because they involve at least two levels of uncertainty. Commonly in a murder case it is clear that a homicide has occurred, and investigators must resolve uncertainty about who is responsible. In the cases we examine here there is also uncertainty about whether homicide has occurred. Investigators need to consider whether the deaths that prompted the investigation could plausibly have occurred for reasons other than homicide, in addition to considering whether, if homicide was indeed the cause, the person under suspicion is responsible. In this report, prepared under the auspices of the Royal Statistical Society, we provide advice and guidance on the investigation and evaluation of such cases. Our work was prompted by concerns about the statistical challenges such cases pose for the legal system.