When a medical professional’s negligence has caused harm, it can become a malpractice claim. Before proceeding with a medical malpractice claim, you must obtain an affidavit of merit.
This objective overview of the complaint from an independent medical professional establishes whether there is merit in moving forward with the case. Would that make medical malpractice a civil or criminal issue?
The major difference between a civil and criminal case is where the cases are adjudicated. A civil case is designed to provide financial compensation to the client who suffered due to the actions of a doctor, nurse, or hospital. A criminal case punishes the defendant charged with breaking the law.
Not every malpractice case is a crime, but every case can lead to a remedy for the plaintiff.
As the victim of this type of incident, you will benefit from talking with an experienced Chicago medical malpractice attorney like the ones you’ll find at Thomas Law Offices.
We support our clients through every phase of the civil complaint, from the initial demand letter to the subsequent settlement negotiations to the trial court, if needed. We will also assist the Chicago district attorney’s office, which will lead the criminal prosecution if warranted. The same evidence and testimony can be shared between civil and criminal cases.
However, it is essential to note that any criminal charges should not impact the outcome of your civil complaint. You don’t have to wait for a guilty verdict.
Applying Criminal Intent
The core issue between a civil and criminal case of medical malpractice remains the same: A medical professional caused harm to their patient, resulting in significant physical and emotional damages.
It’s difficult to think of your doctor as someone who would intentionally harm someone, but that is the key distinction that makes a medical malpractice claim a criminal offense. In the criminal justice system, prosecutors need to establish the mens rea of the case. Mens rea is a Latin phrase that means “guilty mind.” That is another way of saying criminal intent. What was the doctor thinking when they carried out the harmful act?
Without intent, there is no crime.
There are three levels of mens rea that would apply to a medical malpractice criminal charge:
Intentionally
This applies to a medical professional who, for whatever reason, purposely sets out to cause harm.
They know what they’re doing. For example, if a doctor intentionally gives a patient a lethal dose of a prescription medication and the patient dies, the doctor can be charged with murder.
Knowingly
If a doctor is aware of the high probability of their actions causing harm and proceeds with them, that would be considered criminal, even if they believe they are acting in the best interests of the patient.
Recklessly
When a doctor practices medicine with unjustifiable disregard for the harm they might cause, that can also be considered a criminal act. For example, a doctor who operates on a patient when they are intoxicated would be criminally reckless.
They would also be reckless if they administered drugs without regard for the patient’s well-being, as in the case of Michael Jackson’s death.
In that case, the doctor administered drugs in the pop star’s home designed for a surgical setting, which resulted in his death. The doctor in that case was charged with involuntary manslaughter and spent four years in jail.
Proving a Civil Case
The other major difference between a civil and criminal medical malpractice case is how the case is proved in court. In a criminal case, the jury can only find the defendant guilty beyond a reasonable doubt. This does not mean the jury has to be absolutely certain of the defendant’s guilt.
It means that the evidence presented by the prosecutor will leave no reasonable doubt to the jury of the defendant’s guilt.
In a civil case, that standard is not as stringent. Your attorney needs to establish by a preponderance of evidence that the defendant is guilty of medical negligence. That evidence will show it was more likely that what happened was negligence on the defendant’s part.
A jury also has the task of determining the final compensation amount. That amount can be precisely what you’ve asked for or significantly more or less. If you’re not satisfied with the award, you can file an appeal, but that could extend the final outcome, and it might not be what you’re hoping to get.
The Difference a Skilled Attorney Can Make
As mentioned, your civil complaint will play out on a completely separate path from the criminal charge. Having a skilled attorney on your side will make a huge difference in your prospects of a favorable outcome.
Thomas Law Offices has attorneys with the skill and experience to take these cases across the finish line. As with the Chicago district attorney’s office, we’ll only take on a case in which we are confident we can reach a fair settlement.
The best time to engage with us is at the beginning of the process. It begins with a free initial consultation.
Call to set that up today.
Who We Are
