Doctors have a duty to care for their patients to the best of their ability. Part of this duty is keeping that care above an acceptable standard, and any violation of this standard results in medical malpractice. Any number of actions could be considered a breach of this duty, from misdiagnosis to prescribing the wrong medication. None of these charges, however, are criminal. To be charged criminally for their malpractice, a doctor’s mistake needs to reflect unusual incompetence.
For help navigating the specifics of your medical malpractice claim, it’s a good idea to contact a skilled medical malpractice attorney. When your health is at stake, you’ll want to make sure all your bases are covered.
Most medical malpractice cases are civil matters, meaning the injured patient sues for compensation. However, in rare circumstances, a doctor’s conduct can be so egregious that it leads to criminal charges.
A doctor may face criminal charges when their behavior is considered a “gross or flagrant deviation” from the standard of care—essentially, something a reasonable medical professional would never do. If a healthcare provider acts with clear indifference to patient safety or recklessly disregards known risks, they may be held criminally responsible.
To pursue criminal charges in a medical malpractice case, state of mind matters. It must be shown that the doctor knew—or should have known—that their conduct created a serious risk of harm. Even if intentional harm is rare, knowingly ignoring dangerous conditions or failing to take basic precautions could meet the threshold for criminal liability.
In other words, it’s not just about what the doctor did—it’s about what they knew and how they responded to the risk.
The biggest issue with a criminal medical malpractice case is that there is no single established standard of medical care. Thus, whether your doctor breached their duty of care is significantly subjective. Furthermore, medicine is not an exact science. Doctors are frequently forced to make time-sensitive decisions based on little or incomplete information.
With so many split-second calls, it becomes difficult to prove that your doctor did not act in the same way a reasonable medical professional would have.
A skilled attorney is indispensable when considering all the different factors that influence a medical malpractice case. Staver Accident Injury Lawyers, P.C is an ally you can trust throughout your malpractice case. You should contact us as soon as possible to speak with a no win no fee lawyer who can answer any questions you may have about medical malpractice and compensation.
Contact our legal team today at (312) 236-2900 or complete our online form at to schedule a free consultation right away.
When you’re fighting for maximum compensation, we know what it takes to get it.
