Legal Definitions - malum regimen

Definition: Malum regimen (mal-uhm rej-uh-men) is a term used in Scots law to refer to bad medical treatment. It can be used as a defense in a homicide case, where the defendant argues that the decedent died as a result of bad medical treatment, rather than the defendant's actions.

Example: If a doctor administers the wrong medication to a patient, and the patient dies as a result, the doctor may be accused of malum regimen. However, if the doctor can prove that the patient's death was caused by the hospital's negligence, rather than the doctor's actions, the doctor may be able to use malum regimen as a defense.

The example illustrates how malum regimen can be used as a defense in a homicide case. It shows that if the defendant can prove that the decedent's death was caused by bad medical treatment, rather than their own actions, they may be able to avoid conviction.