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