Medical errors occur more often than most people think. Hundreds of thousands of patients are impacted by these preventable errors every year. However, the real question is when does a mistake stop being a civil issue and cross the line into a crime?
The deciding factors between civil and criminal matters relate to intent, recklessness, and the severity of injury to the patient. Most malpractice actions will end up in a civil suit against the healthcare provider. However, there are limited cases that could trigger criminal charges.
Knowing where the line is drawn will allow for appropriate responses from patients and families. The following article will address malpractice claims and when they can turn into criminal cases.
Understanding Medical Malpractice vs. Criminal Conduct
Medical malpractice generally falls within the realm of civil cases. It happens when healthcare providers fail to meet the accepted standard of care, and that failure causes harm. The goal of malpractice claims is to recover monetary damages that will assist the patient recover financially and medically from what went wrong.
Criminal activity is very different because it refers to things that are more than just carelessness. The prosecutor has to prove that there was gross negligence, recklessness or intent to harm. It is this higher burden of proof that will shift the case to the criminal justice system from being a lawsuit.
What Causes Malpractice to be a Crime?
Not all errors are considered to be crimes. A case will shift from being a simple error or mistake to a crime when there is a clear disregard for the safety of the patient. The biggest trigger is gross negligence.
Gross negligence is more than just carelessness. It is conduct that shows a complete indifference to the safety and well-being of the patient. An example could be if a surgeon is impaired while performing surgery or ignores signs that the patient is having a medical emergency. In these cases, the actual act becomes just as bad as the outcome.
The most obvious example of intentional harm would be if a provider intentionally harmed the patient. Deliberately injuring a patient regardless of whether it was from abuse, unnecessary procedures, or making decisions that would lead to injury, is gross negligence.
Situations That Often Raise Red Flags
Several trends can be identified in situations that go beyond civil negligence. Here are a few of them.
- Surgical errors under unsafe conditions
- Failure to provide urgent care
- Medication overdoses due to reckless prescribing
- Birth injuries caused by severe neglect
Serious incidents such as developmental delays from birth injury can be avoided with proper treatment. When such conditions occur, questions arise regarding proper care.
Criminal Cases Are More Difficult to Prove than Civil Cases
Criminal malpractice cases are harder to prove than civil malpractice cases. The prosecutor must show guilt beyond a reasonable doubt rather than just showing negligence caused an injury.
Only the strongest evidence will be sufficient to show that an act was intentional or reckless. Criminal malpractice cases typically rely heavily on the physician’s medical records and expert testimony from other medical professionals to show what should have occurred.
Witness statements and internal hospital investigations may also be used to support a criminal malpractice case. Criminal malpractice may also be supported in cases where the physician has altered or concealed records.
What Families and Patients Can Do
In the event that something does not appear to have gone right regarding your treatment or that of a family member, it is important to act as quickly as possible. Start by collecting any medical records you may have, obtain an independent opinion from another health care professional, and then seek legal help. An attorney will help you decide on a method of pursuing the issue, whether civil, criminal, or both. They will ensure that you get the compensation you deserve.
Endnote
Criminal acts differ significantly from malpractice and require different methods of accountability. Civil cases focus on compensation, while criminal cases are about punishment and prevention. Being aware of the difference will help you know how to seek justice. It will also provide insight to medical professionals on their obligation to be competent and have integrity. It highlights their moral responsibility for every action they take.