Legal Definitions - malum regimen

Malum regimen is a legal term, primarily used in Scots law, that refers to bad or improper medical treatment. It is often raised in situations where there is a question about whether a person's death or injury was caused by an initial incident or by subsequent, inadequate medical care.

Here are some examples illustrating how this term applies:

• Example 1: Criminal Case - Causation of Death

  Imagine a scenario where a defendant assaults someone, causing serious but non-fatal injuries. The injured person is taken to the hospital, where, due to a significant error by the medical staff, they are given a medication to which they have a known severe allergy, leading to their death. In this case, the defendant's legal team might argue that the death was not a direct result of the assault, but rather due to "malum regimen" – the negligent medical treatment. This argument could potentially reduce the severity of the charges against the defendant, as the medical error is presented as the intervening cause of death.

• Example 2: Personal Injury Claim - Aggravated Harm

  Consider a person who suffers a broken arm after slipping on a wet floor in a supermarket. The supermarket is clearly liable for the initial injury. However, during the surgical procedure to repair the arm, the surgeon accidentally damages a nerve, leading to permanent loss of sensation in the hand. The nerve damage constitutes "malum regimen" because it resulted from improper medical treatment. While the supermarket is responsible for the broken arm, the patient might have a separate claim against the surgeon or hospital for the additional harm caused by the medical negligence, as it was a distinct injury stemming from the bad medical care.

• Example 3: Medical Malpractice - Delayed Diagnosis

  A patient visits their doctor complaining of persistent, severe headaches and blurred vision. The doctor, without conducting necessary diagnostic tests, dismisses the symptoms as stress-related and prescribes rest. Several months later, the patient's condition worsens, and a different doctor correctly diagnoses a rapidly growing brain tumor that could have been treated effectively if caught earlier. The initial doctor's failure to properly investigate and diagnose the condition, leading to a significant delay in life-saving treatment, would be considered "malum regimen." This bad medical treatment directly contributed to a much poorer prognosis for the patient, forming the basis for a potential medical malpractice claim.