From Clinical Error to Criminal Liability: A Medico-Legal Framework for Healthcare Accountability
Dr. Willie Sai Ho Chan
Citation: Dr. Willie Sai Ho Chan, "From Clinical Error to Criminal Liability: A Medico-Legal Framework for Healthcare Accountability", OAS Journal of Medical and Health Sciences, Volume 01, Issue 01.
Copyright: This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Background: Healthcare-related harm may result from unavoidable complications, clinical error, negligence, professional misconduct, system failure, or intentional wrongdoing. These categories are frequently conflated, creating uncertainty for patients, healthcare professionals, regulators, courts, and healthcare institutions.
Objective: This article develops a medico-legal framework for distinguishing clinical error, negligence, professional misconduct, civil malpractice, and criminal healthcare conduct.
Analysis: The article integrates legal, medical, ethical, and patient-safety perspectives. It examines the standard of care, informed consent, causation, professional competence, institutional responsibility, regulatory discipline, and the threshold for criminal liability. It argues that malpractice should not automatically be classified as a criminal offense, while intentional, reckless, fraudulent, grossly negligent, or otherwise unlawful conduct should remain subject to appropriate legal procedures.
Conclusion: Healthcare accountability should be proportionate to the nature of the conduct, the degree of preventability, the harm caused, and the applicable legal standard. A balanced framework can protect patients, provide fair remedies, preserve due process for professionals, and promote learning from preventable harm.
Keywords: Medical Malpractice; Medical Law; Clinical Error; Clinical Negligence; Criminal Liability; Patient Safety; Professional Misconduct; Healthcare Accountability; Personalized Medicine.
References:
1. World Health Organization. Global Patient Safety Action Plan 2021–2030: Towards Eliminating Avoidable Harm in Health Care. Geneva: World Health Organization; 2021.
2. World Health Organization. Conceptual Framework for the International Classification for Patient Safety. Geneva: World Health Organization; 2009/2010.
3. International Committee of Medical Journal Editors. Recommendations for the Conduct, Reporting, Editing, and Publication of Scholarly Work in Medical Journals. Updated guidance.
4. Page MJ, McKenzie JE, Bossuyt PM, et al. The PRISMA 2020 statement: an updated guideline for reporting systematic reviews. BMJ. 2021;372:n71.
5. Chan J, et al. Clinical errors and mistakes: civil or criminal liability? Hong Kong Med J. 2025;31(1):9–11.
6. Kazarian M. Criminalising Medical Malpractice: A Comparative Perspective. Oxford: Oxford University Press; 2022.
