Is Medical Malpractice a Criminal Act?

Is Medical Malpractice a Criminal Act?

Joseph Conboy | December 13, 2024 | Medical Malpractice
Is medical practice a criminal act
Is medical practice a criminal act

Medical malpractice involves mistakes or negligence by a healthcare provider that harms a patient. It is usually handled in civil court, where victims seek compensation for their losses. However, in rare cases, medical malpractice can become a criminal matter. This happens when the negligence is extreme or intentional.

Conboy Law Injury & Medical Malpractice Lawyers help victims of medical malpractice understand their rights. We handle both civil medical malpractice cases and claims involving gross negligence.

Whether you are dealing with a negligent healthcare provider or a serious medical malpractice claim, our team works to hold medical professionals accountable. We can guide you through the process if you are unsure whether your case involves civil or criminal acts.

Understanding the differences between civil and criminal medical malpractice is the first step in protecting your rights.

Differences Between Civil and Criminal Medical Malpractice

Differences Between Civil and Criminal Medical Malpractice

Civil and criminal medical malpractice differ in their purpose and outcomes. Civil cases focus on compensation for victims, while criminal cases aim to punish the negligent healthcare provider.

Some of these differences in detail and highlight how they apply to specific situations include:

Civil Negligence Claims for Compensation

Civil medical malpractice cases focus on compensating victims for harm caused by a healthcare provider’s negligence. These cases usually involve filing a medical malpractice claim in civil court. The goal is to recover damages, such as medical expenses, lost wages, and pain and suffering.

In a civil claim, the victim must prove the healthcare provider’s negligence caused their injury. This often involves presenting medical records, expert testimony, and evidence of financial losses. For example, if a negligent healthcare provider misdiagnoses a condition, the victim may file a claim to cover additional treatments or ongoing care.

Conboy Law Injury & Medical Malpractice Lawyers help victims of medical malpractice build strong civil cases. We work to secure compensation for your losses and hold negligent medical providers accountable for their actions.

Criminal Liability for Gross Negligence or Intentional Harm

Criminal medical malpractice occurs when a healthcare provider’s actions are extreme or intentional. Gross negligence, such as performing impaired surgery, can lead to criminal charges. Similarly, a provider intentionally harms a patient, which may result in a criminal case.

Unlike civil cases, criminal cases are prosecuted by the state or federal government. These cases aim to punish the negligent healthcare provider through fines or jail time. Conboy Law Injury & Medical Malpractice Lawyers help clients understand whether their case involves criminal or civil liability.

Examples of Criminal Medical Malpractice Cases

Criminal medical malpractice happens when a healthcare provider does something very wrong. For example, a doctor might give harmful treatments on purpose or perform surgeries just to make money. These actions are not mistakes—they are crimes.

Another example is a doctor working while drunk or on drugs. This is gross negligence because it puts patients in danger. Fraud is also a crime. A provider might charge for treatments that were never done or lie about the care they gave. Breaking important health laws, like falsifying medical records, can also lead to criminal charges.

Situations That May Lead to Criminal Charges in Medical Malpractice

Situations that may lead to criminal charges in medical malpractice

Certain actions by a healthcare provider can result in criminal charges. These include intentional harm, gross negligence, or violations of state or federal health laws. Criminal charges are typically pursued when a provider’s actions go beyond simple mistakes.

A few specific situations that can lead to criminal liability in medical malpractice cases include:

Fraudulent Practices Like False Medical Billing

Fraud happens when a healthcare provider lies to get money. One example is billing for treatments or tests that never happened. This is called false medical billing. It is illegal and can harm patients financially.

False billing may also include charging for expensive treatments instead of the actual care provided. This can lead to patients paying for services they didn’t need. Fraud like this is not just wrong—it’s a crime.

If you believe a medical provider charged you fraudulently, Conboy Law Injury & Medical Malpractice Lawyers can help you understand your options.

Intentional Harm or Reckless Endangerment

Intentional harm happens when a doctor or medical professional purposely hurts a patient. For example, giving the wrong medication on purpose or performing unnecessary surgery for profit is criminal. Reckless endangerment is when a provider’s actions are so careless that they put a patient’s life at risk.

These actions go beyond normal medical mistakes. They show a lack of concern for the patient’s safety. In these cases, the provider may face both criminal charges and a civil medical malpractice case.

Conboy Law Injury & Medical Malpractice Lawyers work to hold negligent healthcare providers accountable for reckless or harmful actions.

Violations of Federal or State Health Laws

Healthcare providers must follow strict rules set by federal and state governments. Breaking these laws, such as falsifying medical records or ignoring safety standards, can lead to criminal charges. For example, failing to report infections in hospitals or not meeting sanitation requirements can harm many patients.

These violations can be punished with fines, loss of medical licenses, or jail time. Criminal cases for breaking health laws aim to protect patients and maintain trust in the healthcare system.

Conboy Law Injury & Medical Malpractice Lawyers help victims affected by these violations understand their legal options and rights.

Legal Consequences of Criminal Medical Malpractice

Legal consequences of criminal medical malpractice

Criminal medical malpractice has serious consequences. Healthcare providers who harm patients may face fines, jail time, or lose their medical license. These penalties are meant to protect patients and prevent future harm.

Penalties Including Fines and Jail Time

Doctors or healthcare providers found guilty of criminal malpractice can face heavy fines. These fines are often thousands or even millions of dollars. Jail time is also possible, especially for cases of intentional harm or extreme negligence.

For example, a doctor who performs surgery while impaired may face years in prison. The punishment depends on the crime and how much harm was caused. These penalties send a strong message that reckless or harmful behavior will not be tolerated.

Loss of Medical License and Professional Sanctions

Doctors and other healthcare providers who commit criminal malpractice may lose their medical license. This means they can no longer treat patients or work in the medical field. Professional boards may also place sanctions, such as probation or mandatory training, to prevent future harm.

Losing a license is one of the most serious consequences for a negligent medical provider. It ensures they cannot harm more patients in the future.

Impact on Civil Malpractice Claims

Criminal medical malpractice cases can also affect civil cases. If a healthcare provider is found guilty of a crime, it strengthens a victim’s civil claim. A guilty verdict can be used as evidence in a medical malpractice lawsuit to show the provider was negligent.

This can make it easier for victims to win compensation for medical expenses, lost wages, and pain caused by the provider’s actions.

Reach Out To Our Chicago Medical Malpractice Attorney for a Free Case Consultation

Reach out to our Chicago medical malpractice attorney for a free case consultation

If a healthcare provider’s actions harmed you, Conboy Law Injury & Medical Malpractice Lawyers are here to help. Medical malpractice cases can be complicated, but you don’t have to handle them alone. Our team knows how to fight for victims and hold negligent providers accountable.

We offer a free consultation to review your case. We will explain your options and help you decide the best way forward. You don’t pay anything unless we win your case. Our goal is to make the process as easy as possible for you.

Contact us today to speak with an experienced medical malpractice attorney. Let us help you get the justice and compensation you deserve.

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