Medical malpractice is a significant concern that can have life-altering consequences for patients and their families. If you or a loved one has been harmed due to a healthcare provider’s negligence, understanding your legal options is crucial. At Salenger, Sack, Kimmel & Bavaro, we have decades of experience in guiding victims through the complexities of medical malpractice law. One of the most important distinctions to grasp is the difference between civil medical malpractice cases and criminal medical malpractice cases.
What is Civil Medical Malpractice?
Civil medical malpractice cases are the most common legal actions taken when a patient suffers due to medical negligence. These cases are typically initiated by the patient or their family, seeking financial compensation for the harm caused by a healthcare provider’s failure to meet the accepted standard of care.
Key Characteristics of Civil Medical Malpractice Cases:
- Purpose: The primary goal of a civil malpractice case is to obtain financial compensation, known as damages. These damages can cover medical expenses, lost wages, pain and suffering, and other related costs.
- Burden of Proof: In civil cases, the burden of proof is on the plaintiff (the patient). The plaintiff must demonstrate that the healthcare provider’s negligence directly caused harm. The standard of proof is “preponderance of the evidence,” meaning it must be more likely than not that the negligence occurred.
- Outcome: If successful, the plaintiff may be awarded compensation to cover economic damages (e.g., medical bills, lost income) and non-economic damages (e.g., pain and suffering) from the defendant’s insurance provider.
- Examples: Common examples include misdiagnosis, surgical errors, medication mistakes, and failure to provide appropriate treatment.
What is Criminal Medical Malpractice?
Criminal medical malpractice cases are far less common and involve conduct so egregious that it is considered a crime against the state, rather than just a breach of duty to the patient.
Key Characteristics of Criminal Medical Malpractice Cases:
- Purpose: The goal of a criminal malpractice case is to punish the healthcare provider for actions that are criminally negligent or intentionally harmful. These cases are prosecuted by the state or federal government, such as a District Attorney, not the patient.
- Burden of Proof: In a criminal case, the prosecution must prove the defendant’s guilt “beyond a reasonable doubt.” This is a much higher standard than in civil cases.
- Outcome: If convicted, the healthcare provider may face severe penalties, including imprisonment, fines, and loss of medical license. Criminal cases do not result in compensation for the patient, although a separate civil suit may still be pursued.
- Examples: Criminal medical malpractice typically involves extreme cases, such as performing unnecessary surgeries for financial gain or deliberately harming a patient.
Civil vs. Criminal Medical Malpractice: Key Differences
- Objective: Civil cases aim to secure compensation for the victim; criminal cases seek to punish the wrongdoer.
- Parties Involved: Civil cases are brought by the patient or their family; criminal cases are prosecuted by the government.
- Burden of Proof: The standard of proof is lower in civil cases (“preponderance of the evidence”) than in criminal cases (“beyond a reasonable doubt”).
- Consequences: Civil cases result in monetary damages; criminal cases can lead to incarceration, fines, and professional consequences.
Why Understanding the Difference Between Civil and Criminal Medical Malpractice Matters
For those affected by medical malpractice, knowing whether your case is civil or criminal is crucial in determining the appropriate legal course of action. While both types of cases can address serious misconduct, the objectives, procedures, and outcomes differ significantly.
