Why is medical malpractice a civil case, and not a criminal case?
Medical malpractice is defined as any case of negligence in a medical setting that endangers the health and safety of patients. This can include not only failing to provide patients with the attention they need while staying in a hospital or care facility, but also committing surgery errors, administering unnecessary medications or treatment, ignoring symptoms, and misdiagnosing conditions. Despite the serious consequences of medical malpractice, it is rarely tried as a criminal offense. So why is medical malpractice a civil case, and not a criminal case? Through the Law Office of Nick Del Pizzo, a medical malpractice law firm in Dundalk, MD we can take a look.
Answering The Question: Why is medical malpractice a civil case, and not a criminal case?
In order for a medical malpractice incident to be tried as a criminal case, it must be shown that the doctor exhibited gross negligence in their actions. This can be shown through extremely careless actions and continued neglect by the doctor, despite knowing the high rate of risk.
Gross negligence, and therefore criminal litigation, is usually reserved for extreme cases of medical malpractice. Proof must exist that the medical staff was drastically indifferent to their responsibility to care for patients. In some fatal cases, offenders can be charged for involuntary manslaughter.
These instances would of course be tried as a criminal offense. However, it's difficult to prove a defendant’s intentions, especially in medical malpractice cases. This difficulty in proving such things is the exact reason that most medical malpractice cases are civil.
About The Law Offices of Nicholas J Del Pizzo
At The Law Offices of Nicholas J. Del Pizzo, III P.A. in Baltimore, Maryland, we make ourselves available for our clients when they are facing foreclosure of their home, bankruptcy, personal injury or medical malpractice. When you have a consultation at our law office, you meet with Nick Del Pizzo, a Baltimore lawyer, the founder of our firm. Your case is not passed off to a paralegal or less-experienced associate. You get the personalized attention you need from a local law firm. Whatever your legal need is, we are there for you, seven days a week. Your case becomes our cause, and we will seek the best resolution possible.
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