Is Medical Malpractice a Criminal Act?

When someone takes a human life, intentionally or not, they usually face criminal charges. This isn't always true when a patient dies due to medical negligence. In most cases, doctors only face civil liability for medical malpractice, even if the death was preventable.

In a field where any failure in treatment or diagnosis can lead to harm, should doctors face criminal charges? In some extreme cases, doctors are held criminally liable. But most cases never reach the level of criminal consequences.

The Difference Between Civil Court and Criminal Court

Cases tried in civil courts and criminal courts have different standards of evidence and result in different consequences:

• ‍Civil court: In civil cases, the plaintiff is typically someone who claims to have been harmed by the respondent. The plaintiff must show with a preponderance of the evidence that the respondent caused that harm. If the case is successful, they will recover compensation for the injuries they suffered.‍
• Criminal court: In criminal cases, the state prosecutes a defendant for violating the law. The prosecution must prove the case beyond a reasonable doubt. If convicted, the defendant faces jail time, fines, or other consequences, depending on the severity of the crime.

Both courts are independent of each other. Success in one does not ensure success in the other for the same act. In fact, the same incident can lead to both a civil lawsuit and a criminal prosecution running concurrently. It works much like a drunk-driving crash: the injured driver can sue for damages while the state separately prosecutes the driver for DUI, and neither case controls the other.

Is Medical Malpractice a Tort or a Criminal Act

Medical malpractice is classified as a tort, a civil wrong that entitles the injured patient to compensation, not a criminal act, in the overwhelming majority of cases.

Is Medical Malpractice Civil or Criminal

In nearly all circumstances, medical malpractice results in a civil claim but not a criminal case. Is medical malpractice a criminal act? It can be, but only in narrow circumstances. A criminal charge requires more than ordinary negligence. The provider's conduct must rise to gross negligence, recklessness, or intentional harm. Otherwise, it is a civil medical malpractice claim.

It is unusual for malpractice to be considered manslaughter, because doctors typically try to protect their patients' health, and many patients die even when they receive excellent treatment.

When Is Malpractice a Crime

Medical malpractice crosses the line from a civil to a criminal offense when the provider's conduct amounts to gross negligence, recklessness, or an intentional act.

• Healthcare fraud: Most doctors make decisions based on the best interests of their patients. Sadly, some make healthcare decisions based on what will make them the most money. When a doctor prescribes a drug to receive kickbacks from the manufacturer, charges for treatments they didn't provide, or otherwise bills for care through deception, they are engaging in healthcare fraud.
• Intentional acts: It is rare for a doctor to intentionally harm a patient, but it happens. Intentional harm can include assault or sexual abuse, or, in rare cases, an act framed as assisted suicide.
• Unlicensed medicine: A medical license confirms that a provider has completed the training required to safely deliver care. Unfortunately, some patients are treated by doctors, nurses, or assistants who are not licensed to perform the procedure they are attempting.‍
• Gross negligence: A clear example of gross negligence is when medical professionals perform surgery or provide other medical care while under the influence of alcohol or drugs. If a medical practitioner fails to provide care that is clearly required to save a patient's life, they are criminally negligent.

Criminal medical malpractice typically requires that the provider intends to commit a crime, even if they don't intend to harm the patient.

Is Medical Negligence a Criminal Offense

Proving criminal negligence requires showing that a healthcare provider had the intent to do wrong, a legal concept known as mens rea, or "guilty mind". They may not have intended to injure the patient, but they must have intentionally committed an act that the law treats as criminal.

When a doctor or hospital performs unnecessary medical procedures on a patient solely to inflate medical bills, they have engaged in criminal medical negligence. If a prosecutor can prove that the act was intentional, the state can file criminal charges against the responsible party.

Criminal charges can be difficult to prosecute because a case of bad judgment looks similar to an intentional act of malice. Typically, a medical professional will receive the benefit of the doubt, even when facing criminal charges.

Should Medical Errors Be Considered Criminal Offenses?

Most medical errors should not be considered criminal offenses, even when a doctor's mistake results in a patient's injury or death. Criminalizing medical errors across the board creates two problems:

• Worse care overall: Medical professionals would become more risk-averse and would likely provide less effective treatment to patients who need help most.
• No compensation for victims: Even if a practitioner or hospital is found guilty in a criminal case, the victim won't receive compensation for medical bills, lost wages, or other harm. They would still need a separate civil claim to recover compensation, and a defendant who is incarcerated may not have the resources to pay it.

Typically, only the most egregious acts of recklessness should result in a criminal case. Both victims and circumstances need to be carefully considered in every medical malpractice case. Often, everyone is better served if the victim files a medical malpractice claim against the provider responsible for the harm.

Can a Doctor Go to Jail for Malpractice

Generally, no. A doctor can only be sentenced to jail after being found guilty of a crime. It’s certainly possible for that crime to be related to the treatment of a patient, but medical malpractice (negligent medical treatment) alone cannot send a doctor to jail. For example, a doctor could go to jail if they were charged and convicted of gross criminal negligence for operating on a patient while under the influence of drugs and the patient died. If a jury finds a medical provider responsible for medical malpractice in a civil trial, the only penalty that a jury can assign is financial compensation (damages) to the victim of medical malpractice.

What to Do If You Suspect Medical Malpractice

If you suspect that you are a victim of medical malpractice, you should contact a New York medical malpractice attorney immediately. Your attorney will file a civil medical malpractice case for you. You should help them with your civil case by:

• Collect your evidence: Get a copy of your medical records and provide them to your lawyer immediately. You should also keep a journal that documents any potential acts of negligence and the progress of your health. If your health deteriorates or your healthcare provider doesn't strictly follow hospital policies, you can help your medical malpractice case by keeping precise records.
• Avoid tipping off the provider: Medical malpractice cases often rely on identifying negligence. If you warn the provider you believe they committed malpractice, they might hide evidence of it.‍
• Only speak to your lawyer about your case: As tempting as it can be to share your story with friends and family, you shouldn't speak about your medical malpractice case with anyone until it is finished. And definitely stay away from social media.
• Don't stop getting medical care: While you shouldn't stay with a negligent healthcare provider, you shouldn't let your health suffer, either. Find a provider you trust and be diligent about following their instructions.

Speak to your attorney if you have any questions.

How Can an Attorney Help Me with My Medical Malpractice Case

Civil cases are won and lost on evidence. Your attorney will uncover evidence that supports four elements that need to be demonstrated in court to win your trial. These four elements of a medical malpractice case are:

• ‍Duty of care: Despite the oaths they take, doctors don't have a duty of care to everyone they meet. To prove a healthcare practitioner had a duty of care to you, your attorney needs to show that you were a patient at the time of the alleged medical malpractice.‍
• Breach of duty: The next step is to prove that the provider failed to perform that duty.‍
• Causation: To determine causation, your attorney will show that the actions or inactions of your healthcare provider were the direct cause of any harm you suffered.‍
• Damages: Finally, your attorney needs to show the medical malpractice resulted in financial damage. This is usually reflected in lost wages, medical costs, and other expenses resulting from medical malpractice.

When your attorney can prove all four elements, you have a strong civil claim.