a person can be prosecuted for gross negligence for recommending surgery that should not have been recommended

Although perhaps strained, the upshot of the decision is that it is now clear beyond doubt that a person can be prosecuted for gross negligence for recommending surgery that should not have been recommended, even if the surgery was itself carried out competently.
http://theconversation.edu.au/high-court-orders-a-retrial-after-upholding-jayant-patels-appeal-8971