If a doctor or nurse makes a mistake, the result could often end up being debated in civil court. Families sue for medical malpractice, hoping for compensation. However, sometimes things go further than just a simple error. When a healthcare worker acts with great carelessness and willingly puts patients in danger, or even tries to cover up the truth, prosecutors get involved.
The Line Between Civil and Criminal Charges
Civil negligence occurs when a healthcare provider misses a diagnosis, makes a mistake with a test result, or doesn’t meet the basic standards of care that patients expect. The aim of a civil conviction is not to punish, it is to pay for the harm done. If a doctor misses a diagnosis, it may lead to a lawsuit, but will not end up in criminal court.
To prove criminality, prosecutors have to prove that the provider acted with great carelessness. In these cases, the principle of gross negligence applies, where someone knows there is a large risk involved and continues with their action, or worse, intended to do harm or deceive.
What Draws Criminal Scrutiny?
Certain actions from healthcare providers almost always raise alarms and may lead to criminal prosecution:
- Giving medical treatment while under the influence of drugs or alcohol
- Changing medical records to hide what actually happened
- Brushing off clear warning signs, even when protocols spell out what to do
- Repeatedly making the same dangerous mistakes
When newborns, disabled children, or elderly people get hurt, the system pays even closer attention. Birth injuries that result in conditions like cerebral palsy often trigger both civil litigation and criminal investigations, particularly when a cerebral palsy law firm uncovers evidence of gross negligence.
Starting a Criminal Investigation
If criminal negligence is suspected, it’s often reported by a family member, a hospital manager, a licensing board, or even a coworker. Investigators will gather medical records, interview those involved, and use outside experts to determine if the provider’s actions went further than just a regular error. They will be looking for intent, previous patterns of bad behavior, or great departures from what any reasonable professional would have done in the same circumstances.
What Are the Possible Charges?
Depending on what happened, prosecutors have a few options when deciding to charge a medical professional:
- Criminal neglect if patients were abandoned or mistreated while in the care of a medical professional
- Reckless endangerment for knowingly putting people at serious risk of harm
- Fraud or obstruction when records are altered
- Assault if a patient was intentionally harmed
A conviction can significantly impact a person’s professional career. Being found guilty of medical negligence or a related crime may lead to prison time, fines, or a loss of a medical license. These professionals are often barred from practicing medicine entirely which ends their professional career.
Justice Leads to Accountability
A criminal conviction brings consequences such as jail time and a permanent loss of professional credentials. Families need to know their rights, and providers need to understand that some mistakes go way beyond what insurance can fix.
