Medical Malpractice vs. Criminal Malpractice: Is Criminal Punishment Necessary?

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When someone is injured or even killed as result of a medical mistake, a medical malpractice lawsuit is generally the only recourse. A constant debate wrestles with whether or not healthcare professionals should be prosecuted criminally for their medical mistakes. The thought is to send a stronger message to physicians about careless care.

Medical patients are some of the most vulnerable individuals in our society, and at times, certain occurrences of medical malpractice are so heinous they could be considered breaches of fundamental standards of care. Is civil liability enough to prevent this behavior?

Some acts of medical malpractice are so egregious, criminal punishment may be an appropriate response.

Lawyers in the Journal of BMJ Quality & Safety out of London argue, “The criminal law’s role in this context is not to play a frontline part in deterring and coercing people into complying with proper standards of behavior; rather, it’s central function applies only to the worst kinds of unacceptable treatment.”

Doctors take an oath to never do harm to anyone. It is the responsibility of doctors to carry out this oath to the best of their ability. Accidents happen, and not all medical mistakes are preventable, but sometimes mistakes can be prevented. Sometimes malpractice is more than just a mistake, sometimes it is criminal.

The following are potential factors for criminal malpractice:

  • Willful and reckless endangerment
  • Taking unjustifiable risks
  • Repeated negligent behavior
  • Disregard of past negative outcomes
  • Failure to respond in a timely manner
  • Depraved indifference to human life
  • Gross negligence
  • Deception
  • Intoxication
  • Improper motive

If you or a loved one was injured or killed as a result of criminal malpractice, you have to call me right away at 1 (877) 944-4373. I can help you get the justice and compensation you deserve.

As your Ohio medical malpractice lawyer, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 1 (877) 944-4373.

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Article Name
Medical Malpractice: Is Criminal Punishment Necessary?
Description
Medical malpractice is a very, very serious matter. Sometime, a medical error occurs because an unintentional mistake was made. Other cases of medical malpractice are more egregious... meaning serious harm was done knowingly and willfully. The question remains, should doctors be held criminally responsible when willful medical malpractice occurs? I'd like to hear your feedback....
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