Why Is Medical Malpractice Handled as a Civil and Not a Criminal Case?
Medical problems can disrupt your life and leave you feeling overwhelmed and helpless. Dealing with a medical malpractice case on top of trying to heal can be difficult. Medical malpractice is any type of medical negligence that directly endangers the health or safety of the patient. More medical malpractice cases happen each day than you might realize. Data collected by Johns Hopkins University suggests that more than 250,000 people die each year from medical errors and negligence, which makes medical malpractice the third leading cause of death in the United States.
Handling a medical malpractice problem while recovering is stressful, but it doesn’t have to be overwhelming. Experienced malpractice lawyers can help with your case, ensuring you get the justice you deserve and the peace you need to heal.
What is the Standard of Care?
The legal term “standard of care” refers to the type of care you receive from your medical practitioner. If your care was not appropriate or equivalent to what another physician or medical provider would have diagnosed and treated, then you may have experienced malpractice. When your lawyer is examining your case, they may speak with other medical professionals in the same field to determine if your diagnosis and treatment were standard across the medical field.
Because “standard of care” is a legal term, not all doctors know what it means. Suppose you feel you have been the victim of mistreatment or substandard treatment in a medical setting. In that case, it will benefit you to speak with a personal injury lawyer as soon as possible to discuss your potential medical malpractice case.
What Is The Difference Between a Civil and A Criminal Case?
Like most states, criminal and civil cases in Pennsylvania are handled differently. A criminal case requires that crimes be proved “beyond a reasonable doubt,” whereas civil cases only need to meet the standard of “the preponderance of evidence.” A civil case can be handled outside of court, while a criminal case must be handled with a trial by jury.
Determining the medical staff’s actions or intentions is complicated, and because of this, medical malpractice cases are often dealt with as civil cases and are commonly handled under tort law. If there is evidence that a doctor or other medical staff member intentionally harmed a patient, criminal litigation would be necessary, but typically, that is not the case.
Having a legal team with experience in this type of case is crucial when dealing with medical malpractice. Dedicated professionals with extensive knowledge of medical malpractice suits can provide invaluable assistance during this challenging period. Lawyers specializing in medical malpractice cases are committed to helping you navigate your malpractice claims. They possess the expertise to handle cases involving delayed diagnosis, medical errors, and other medical negligence, ensuring you get the justice you deserve. That is why you must speak with a lawyer if you think you may have a medical malpractice case.
When Can a Medical Malpractice Case Be a Criminal Case?
Medical professionals work in a highly demanding field, especially now when there is an enormous strain on medical resources. Unfortunately, this uptick in medical attention, thanks to a global health crisis from which many countries still feel a huge impact, has led to an environment that could mean more medical malpractice cases. Most are considered civil cases and can be settled outside of court, but some are criminal. A medical malpractice case can only be considered criminal if it is deemed that the medical professional was drastically mistaken in how they cared for their patients. This type of event is called “gross negligence,” and is often the result of an extreme case that can lead to charges against the medical worker.
The difference that makes a medical malpractice case criminal and not civil is intent. When medical negligence is the reason a patient is injured or dies, it does not necessarily mean that the doctor had the intention to harm the patient in any way, even if their method of care was not as effective as it could have been. For a case like this to be considered criminal, the doctor would have had to intentionally decide to harm the patient directly. The physician may be charged with a more serious crime in this case.
What Is The Process For Filing A Medical Malpractice Claim?
Filing a medical malpractice claim involves several crucial steps to ensure a thorough and effective legal process. First, it is essential to consult with experienced malpractice lawyers who can evaluate the case details and determine if medical negligence has occurred. This evaluation includes reviewing medical records, gathering evidence, and possibly consulting with medical experts to establish that a delayed diagnosis, medical error, or other forms of malpractice led to the patient’s harm. Once the case is deemed valid, the lawyer will help notify the healthcare provider involved, which is often mandatory before officially filing a lawsuit.
After notifying the healthcare provider, the next step is to file a formal complaint in the appropriate court. This complaint outlines the specifics of the malpractice case, including how the healthcare provider’s actions deviated from the accepted standard of care and resulted in injury or harm. During the discovery phase, both parties exchange information and gather further evidence to support their claims. This phase may involve depositions, interrogatories, and expert witness testimonies. Throughout this process, the goal is to build a strong case demonstrating that medical malpractice occurred, aiming for a resolution through settlement or, if necessary, a court trial to secure the appropriate compensation for the patient.
What Happens if You Suspect You Are a Victim of Medical Malpractice or a Medical Mistake?
If you suspect that your treatment or surgery was performed in a way that left you with further injuries or other bodily harm, you may be the victim of a medical mistake and have a medical malpractice case. Contacting a personal injury attorney with medical malpractice concerns is never too early.
When you or someone you know has suffered at the hands of a physician, hospital, or other medical facilities, you may have a case and be entitled to some form of compensation. At Westmoreland Injury, our lawyers have experience working with people who have been victims of medical malpractice, and we have proven results. Contact us today to schedule a legal consultation. We will discuss what has happened with you and determine if you have a medical malpractice case.
