It may not be "malpractice," which refers to the provision of medical care which does not meet currently accepted standards (i.e. he could have performed a perfectly well-done analysis or evaluation), but it is very likely an ethical breach for his failure to disclose what could affect his objectivity (i.e. its something that could be the basis of a complaint to the licensing board) and may be something that could be used to "impeach," or discredit, his results and testimony in a hearing or trial by pointing out the potential for bias and conflict of interest.
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