What about a crime that was in their job description to have knowledge of? Would a doctor not be liable if he didn't properly diagnose a patient? There is an assumption of minimal professional competency when you assume the responsibility of that role.
I'm pretty sure that you can sue for malpractice should the misdiagnosis fall below a minimum standard of conduct. In practice, misdiagnosis is not easy to prove, but we're talking Boeing executive level of incompetence here.
