Medical malpractices are common in the US. If healthcare workers make a mistake when treating a patient, they might lose their license and job. Moreover, American citizens are also entitled to sue a doctor in case of mishandling or wrongful diagnosis.
While medical malpractice is a justified civil offense, can it turn into a crime and result in an arrest?
Most Medical Malpractices Aren’t a Crime
While there are occurrences when a doctor could be held feloniously accountable in a malpractice case, most of them will only encounter civil penalties. If the patient successfully proves that the malpractice resulted due to a compromise in the standard of care, they might end up winning the settlement.
Medical Malpractice as a Criminal Offense
All laws in the American court of law are divided into two categories:
- Civil laws are implemented when a person seeks compensation due to malpractice, injury, property damage, etc.
- Criminal laws are developed to overlook compensation and sue claims and directly punish the defendant for wrongdoing.
Medical malpractice can become a criminal offense if mistreatment leads to a patient’s death. This could be due to a compromise in standard of care or personal malice.
Criminal medical offenses also include wrongful medicinal administration or negligent surgery.
A doctor’s activities and the aftermath of their actions typically govern the conditions of a criminal offense.
Instances When Medical Malpractices Become a Criminal Offense
Here are two specific conditions when medical malpractices can be considered as a criminal offense:
Healthcare Fraud
Malpractice might comprise health care fraud, such as when a doctor receives extra money to perform medical treatment or prescribes medicines that aren’t necessary but earns them a higher commission from insurance companies.
However, if the healthcare professional didn’t have sufficient training or education to perform an assigned treatment, resulting mistakes won’t be considered criminal malpractice.
Conducting Unnecessary Procedures
If doctors prescribe or perform unnecessary surgical treatments and medical procedures on their patients, they’re committing a criminal offense. None of the medical procedures are 100% safe and effective, and making unwanted changes in them can lead to severe injury or even death of a patient. In such a case, doctors can be arrested for manslaughter and assault.
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Sometimes, you can end up in jail even when you haven’t committed medical malpractice intentionally. Since you’re the individual whose lawfulness is being called into question, you can’t technically assure for yourself and call it a valid assurance.
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