Professional Malpractice And Criminal Liability
✅ What Is Professional Malpractice?
Professional malpractice occurs when a professional (e.g., doctor, lawyer, engineer) breaches the standard of care expected of them, causing harm to another person. While malpractice is usually addressed in civil law through compensation claims, criminal liability arises when the conduct is grossly negligent or reckless and results in serious harm or death.
✅ When Does Malpractice Become Criminal?
A professional may be criminally liable if:
The act or omission was grossly negligent.
There was reckless disregard for human life or safety.
The conduct was so egregious that it warrants punishment beyond compensation.
It results in death, severe injury, fraud, or public endangerment.
🧾 Key Legal Areas
| Field | Potential Criminal Charges |
|---|---|
| Medical | Gross negligence manslaughter, criminal negligence, causing death by dangerous practice |
| Legal | Obstruction of justice, fraud, perjury, contempt |
| Engineering/Architecture | Criminal negligence causing public harm |
| Finance/Accountancy | Fraud, embezzlement, insider trading |
🔍 Landmark Cases on Professional Malpractice and Criminal Liability
1. R v. Adomako (1994) – UK
Field: Medical (Anaesthetist)
Facts:
Dr. Adomako failed to notice a disconnected oxygen tube during surgery.
Patient died due to lack of oxygen for several minutes.
Legal Issue:
Was this failure criminally negligent?
Ruling:
House of Lords upheld conviction for gross negligence manslaughter.
His conduct was so negligent it was considered criminal.
Significance:
Leading case establishing the test for gross negligence manslaughter:
Duty of care
Breach
Causation
Gross negligence so serious it amounts to a crime
2. Dr. Kunal Saha v. AMRI Hospital (India, 2013)
Field: Medical (Civil and Criminal Aspects)
Facts:
A woman died due to an overdose of steroids prescribed for a skin allergy.
Dr. Saha alleged criminal negligence.
Legal Issue:
Could doctors and hospitals face criminal prosecution for treatment errors?
Ruling:
Indian Supreme Court awarded record compensation in civil liability.
However, it emphasized that criminal liability requires gross negligence, not just a mistake or error of judgment.
Significance:
Clarified the threshold for criminal negligence in India.
Professionals are not criminally liable for simple negligence.
3. R v. Misra and Srivastava (2004) – UK
Field: Medical (Post-op care)
Facts:
Two doctors failed to monitor a patient after routine surgery.
Infection went unnoticed and led to death.
Legal Issue:
Could inaction amount to gross negligence manslaughter?
Ruling:
Court upheld convictions.
Doctors breached their duty, and their negligence was so gross it was criminal.
Significance:
Reaffirmed Adomako test.
Stressed that duty of care extends beyond surgery to post-operative care.
4. R v. Bateman (1925) – UK
Field: Medical
Facts:
A doctor performed a home delivery but failed to get proper hospital care after complications.
Legal Issue:
What is the threshold for manslaughter due to professional error?
Ruling:
Court ruled that errors in judgment may not be criminal unless there is gross departure from standard of care.
Significance:
This case laid the foundation for defining gross negligence in criminal law.
It was later used in Adomako to clarify the modern standard.
5. People v. Wells Fargo Advisors (2016) – USA
Field: Financial (Corporate)
Facts:
Employees created fake accounts and manipulated data for bonuses.
Whistleblowers alleged systemic criminal fraud.
Legal Issue:
Could a corporation be held criminally liable for malpractice-like conduct?
Ruling:
Criminal investigations led to prosecutions and massive fines.
Demonstrated that companies and professionals can face criminal charges for willful malpractice.
Significance:
Showed how professional misconduct in finance can become criminal.
Addressed organizational liability.
6. R v. Patel (2013) – UK
Field: Medical
Facts:
Dr. Patel, a surgeon, was charged with manslaughter after several patients died during surgeries he performed negligently.
Legal Issue:
Whether repeated negligent actions constituted criminal behaviour.
Ruling:
Dr. Patel was convicted of gross negligence manslaughter.
Courts found a pattern of incompetence and disregard for safety.
Significance:
Illustrates how repeated substandard practices cross into criminality.
7. R v. Huckerby (1975) – UK
Field: Legal profession
Facts:
A solicitor embezzled client funds while acting in a professional capacity.
Legal Issue:
Criminal liability for breach of fiduciary and ethical duties.
Ruling:
Convicted of fraud and theft.
Professionally unethical conduct was also criminally punishable.
Significance:
Demonstrates criminal liability for legal malpractice tied to dishonesty.
🧠 Legal Tests and Elements
🔹 Gross Negligence Manslaughter (UK)
Derived from Adomako:
Duty of care
Breach of that duty
Causation of death
Conduct so gross it warrants criminal liability
🔹 Criminal Negligence (India)
Under IPC §304A:
Causing death by rash or negligent act.
Must show gross lack of competence or care.
Mere error or difference in medical judgment is not criminal.
🔹 Mens Rea in Professional Malpractice
Often recklessness or gross deviation from expected professional standards is required.
Intentional dishonesty (fraud, concealment) increases criminal culpability.
📌 Summary Table of Key Cases
| Case | Field | Offence | Ruling |
|---|---|---|---|
| R v. Adomako (1994) | Medical | Gross negligence manslaughter | Conviction upheld |
| Kunal Saha v. AMRI (2013) | Medical | Criminal negligence | High civil compensation, criminal negligence requires higher threshold |
| R v. Misra & Srivastava (2004) | Medical | Post-op negligence leading to death | Convicted |
| People v. Wells Fargo (2016) | Financial | Fraud and unethical practice | Fines, criminal inquiry |
| R v. Huckerby (1975) | Legal | Theft by solicitor | Convicted of fraud |
| R v. Patel (2013) | Medical | Pattern of negligence | Convicted |
| R v. Bateman (1925) | Medical | Early case on negligence | Helped define "gross negligence" |
✅ Conclusion
While most professional malpractice is dealt with under civil law, certain acts—especially those involving recklessness, repeated gross errors, or dishonesty—can cross the threshold into criminal liability. The law demands that professionals uphold a duty of care, and failure to meet that standard in a way that endangers life or public trust can result in criminal prosecution.
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