Is Medical Negligence Considered a Criminal Offense?

By Your Health Magazine

In normal circumstances, every doctor provides their patients with care, attention, and respect, as that is their obligation according to the Hippocratic oath. But in some cases, doctors or medical workers can sadly be very irresponsible and careless, which can cause many things to go wrong. The concept of medical negligence is something that should be talked about more often, and it is necessary to raise awareness in the entire society. The question is, when such situations happen, do citizens have the right to file a lawsuit, and is medical negligence considered a criminal offense? In this article, we will explain all your doubts and answer your questions on this topic!

What Does Medical Negligence Mean?

Medical negligence happens when a doctor or a health worker doesn’t take care of a patient properly or makes a big mistake that can damage their health. This includes giving the wrong therapy, determining the wrong diagnosis, making a mistake during the surgery, or ignoring a patient’s claims or symptoms in serious situations. The victims of medical negligence usually start the process of compensation, including free consultations with their lawyers, in order to understand their rights. Medical negligence isn’t every mistake that is made during the process of healing, but it is a mistake that logically seems inhumane and which deviates from normal medical standards. Medical negligence needs to be proved by collecting the necessary documentation that shows that you have stayed in a particular medical institution and that you had contact with the doctor and medical staff.

How Does It Become a Criminal Offense?

Medical negligence becomes a criminal offense when the behavior of a doctor or any other health worker exceeds the limits of normality and goes against the normal medical care and treatment required. Such behavior is extremely dangerous and harmful to patients, and this is why everyone should be educated on what proper medical care includes in order to prevent any harm and protect their rights.

For example, a doctor who gives medications but doesn’t ask about a patient’s allergies or knows the high-potential risks and still prescribes that medicine is considered medical negligence. Criminal charges can be brought up as manslaughter, endangering the safety of others, causing death due to negligence, etc. This significantly indicates how serious a violation of medical negligence actually is!

The Difference Between Civil and Criminal Cases

Many medical negligence cases are completed by the patient receiving compensation for damages, which is in the framework of civil law. When the case goes far beyond a simple mistake and becomes abnormal and unusual, that’s when medical negligence becomes considered a criminal offense. The main difference is that when the case stays in the framework of civil law, by receiving the compensation, they want to make up for the damage that you suffered. The one who did the damage gets away a bit easier, but when the case is considered a criminal offense, it becomes much more serious. Criminal law punishes the wrongdoers and prevents the harm that they can cause in the future. Wrongdoers are generally severely punished, removed from work, or have their license revoked, depending on the severity of the damage they have caused.

What Penalties Can Apply in Criminal Cases?

When the case is considered a criminal offense, the accused health worker can be punished in various ways, depending on the seriousness of the act they committed. Some health workers can have their license revoked and never be able to get it back again. They can be charged with expensive fines, serve a sentence in prison, and obtain a permanent criminal record. When the accused is being charged, the court also considers previous warnings, their intentions, and the scale of the damage.

The wrongdoers’ illegal acts are not just making them lose their own careers and reputation, but they also leave an impact on their families, community, and trust in the overall health system.

What About the Victims?

When someone survives medical negligence, they are usually left with many consequences that need a lot of time to be repaired. Many victims file civil and criminal proceedings, as there are many costs afterward that need to be covered, such as medical expenses or lost income. It is important to have a lawyer who will explain everything you need to know and direct you to everything you need to do through this process. A reliable legal aid will help you to make the right decision!

As many victims experience emotional pain and are left with the fear of trusting the healthcare workers again, they can suffer from serious psychological consequences that can leave a negative trace in their lives in the future. That’s why the victims should consider visiting psychologists or psychotherapists to get over such a traumatic experience and be able to build trust among the healthcare workers again.

How to Protect Yourself?

If you or someone you care about was a victim of medical negligence, it is important to know what to do afterward to protect your rights. The first thing that you need to do is to consult with your lawyer in order to get the right guidelines. Ask for copies of medical documentation, report the case to the local medical chamber or competent authority, and react as soon as possible, as there are time limits for filing lawsuits. Also, another very important thing that you should never forget is to ask about necessary emotional or psychological support if you need it.

Staying educated, knowing your rights, and acting quickly in such situations can make a positive impact on your overall healing process, both mentally and physically.

Medical negligence is considered a criminal offense in some cases, and knowing the difference is important in order to find the fairest solution. The victims of such cases are usually left with deep emotional and physical wounds that take time to heal, and that is why they must be surrounded by their loved ones and get the support that they need.

As for those who haven’t been the victims, if you feel like something’s wrong, then believe your intuition. Everyone deserves to get proper healthcare because people don’t visit hospitals unless they already have a problem.