Health 1 May 2026 Daily Monitor (Uganda)
When Surgical Errors Lead to Criminal Charges for Doctors
Landmark cases from the UK and Uganda highlight how gross negligence in surgery can result in manslaughter convictions for medical professionals. The Adomako test sets key criteria for such liability, while a Kampala hospital case shows local enforcement challenges. Source: https://www.monitor.co.ug/uganda/magazines/people-power/criminal-liability-for-deaths-associated-with-surgery-5443626
In certain legal systems, including the UK, doctors can face criminal charges for patient deaths due to gross negligence during procedures. A notable example is the 1990 conviction of Dr. John Adomako, a locum anaesthetist.
On January 4, 1987, during an eye surgery on 33-year-old Alan Loveland, the breathing tube disconnected from the ventilator. Dr. Adomako failed to notice for over four minutes, causing hypoxia, cardiac arrest, and eventual death six months later from brain damage. A jury found him guilty of gross negligence manslaughter, upheld by the House of Lords.
The Lords established the ‘Adomako test’ with four elements: a duty of care to the patient, breach of that duty, the breach causing or contributing to death, and the negligence being so severe it qualifies as criminal. Expert testimony labeled Adomako’s care as ‘abysmal’ and a ‘gross dereliction.’
Lord Mackay emphasized applying negligence principles, then assessing if the breach’s seriousness in context—considering risk of death—warrants criminality. Juries evaluate how far conduct deviates from professional standards.
Similar outcomes occurred elsewhere, like a UK surgeon convicted for delaying gut surgery on a patient with a perforation, leading to death.
In Uganda, prosecuting such cases is tough without clear laws. In 2010, a 34-year-old woman died in a Kampala hospital during fibroid removal via laparoscopy. A post-mortem revealed 500ml of blood in her stomach and oxygen tube misplaced into the oesophagus. The hospital owner and anaesthetist faced charges of causing death by rash or negligent act at Buganda Road Court.
The court required proof of a rash (reckless) or negligent (careless) act not amounting to manslaughter, directly causing death.
Source: Daily Monitor (Uganda)