Gross negligence manslaughter of intern doctors – scapegoating or justified?

This article examines the complex and unsettled legal landscape surrounding the criminal liability of intern doctors for gross negligence manslaughter (GNM), particularly in medical contexts such as Hong Kong. It reviews the historical development of GNM law, highlighting the tension between negligence and recklessness standards, and discusses key cases including R v Prentice and Sullman, where intern doctors were charged but ultimately not found reckless due to their inexperience and systemic factors. The article contrasts criminal law’s cautious approach to intern culpability with civil law, which often holds interns to the same standard as fully licensed physicians, and notes the lack of legal recognition for systemic or supervisory responsibility in criminal prosecutions. It concludes by emphasizing the need for a clearer, more nuanced legal framework that fairly addresses intern doctors’ liability without unjustly scapegoating individuals, while considering broader systemic influences.