Also known as: malpractice
Written by attorneys · grounded in primary & secondary sources — see below
An affirmative defense in a homicide prosecution asserting that the victim's death resulted from negligent medical care rather than the defendant's conduct.
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Marco Marquez stabbed a rival during a street fight. Paramedics rushed the victim to the hospital where a surgeon's error caused fatal bleeding. At trial Marco asserted malum regimen, claiming the death resulted from bad medical treatment rather than the stab wound. The court evaluated whether the intervening negligence superseded the original act.
Madison Meyers shot an intruder who later died after hospital staff failed to monitor his blood pressure. Madison raised the malum regimen defense at trial. The court examined medical records to determine if the missed monitoring was the sole proximate cause of death.
Maurice Marshall stabbed a victim who survived the wound but died after a nurse miscalculated medication dosage. Maurice asserted malum regimen. The court held that one negligent medical act did not automatically break the chain of causation from the stabbing.
Musa Mensah stabbed a neighbor who died after delayed emergency surgery. Musa raised malum regimen at trial. The court considered expert testimony on whether prompt surgery would have saved the victim despite the initial wound.
Malcolm McKinley stabbed a victim who later died from post-operative infection. Malcolm asserted the malum regimen defense. The prosecution had to prove beyond a reasonable doubt that the original injury remained the legal cause of death.
Miranda Morales stabbed her assailant who died after hospital staff ignored known allergies. Miranda raised malum regimen. The court required the prosecution to prove the wound was the legal cause beyond the intervening treatment.
The defendant must prove that negligent medical treatment, not the original injury, was the proximate cause of death. The defense succeeds only when the evidence establishes that proper care would have prevented the fatality.
The defense challenges causation by showing an independent negligent act by medical providers broke the chain from the defendant's conduct. It requires proof that the medical error alone caused death.
Ordinary negligence can support the defense if it is shown to be the superseding cause. The defendant must still satisfy the burden of proving the medical care, not the original act, produced the fatal result.
…the meaning of that term as defined by the act of October 15, 1975 (P. L. 390, No. 111), known as the Health Care Services Malpractice Act." "§ 3206. Parental consent. "(a) General rule.—Except in the case of a medical emergency or except as provided in this section, if a pregnant woman is less than 18 years of age and…