Of course, but we see insane crimes all the time and nobody goes to jail. Poisoning water for entire cities like in Flint (which was a government/private sector collab), financial crimes that put millions in poverty, etc.
It's not always possible to prove criminal negligence or malice from incompetence.
There are a lot of well intentioned people doing things that directly or indirectly harm people. We generally grade people on intentions and not results.
Other countries have different strategies and those also come with trade offs.