New Zealand's medical manslaughter

Doctors in New Zealand may be prosecuted for manslaughter if patients die as a consequence of the doctor's failure to exercise reasonable knowledge, skill and care. The requirement to use reasonable knowledge, skill and care has been held to be breached in New Zealand if a doctor is merely careless. No distinction is made between 'criminal negligence' and the negligence standard applicable in civil law. This article examines New Zealand's law relating to medical manslaughter with particular reference to the case of R v Yogasakaran [1990] 1 NZLR 399 which was the subject of a petition to the Privy Council on 30 January 1991.