Is Medical Malpractice Civil or Criminal?

Legal matters that go before the courts include criminal charges and civil lawsuits. In some cases, an incident warrants a civil suit and criminal charges, making it difficult for those without a legal background to know whether their case is civil or criminal and understand how these case types differ.

If you’re dealing with suspected medical malpractice, you may wonder if it is a civil or criminal matter. Understanding how civil and criminal cases differ can help you confidently address your medical malpractice claim. A medical malpractice lawyer can help.

What is the difference between civil and criminal law?

Both civil and criminal cases can deliver justice for individuals who’ve been wronged. The key distinctions between civil and criminal cases involve the grounds for the lawsuit, who brings the case, and the potential outcome of the trial.

Civil law

Victims or their personal representatives initiate civil cases. Civil cases address violations of an individual’s rights and seek a resolution. Civil cases include the following:

• Child custody
• Divorce
• Personal injury
• Professional negligence

Civil cases may result in a determination about custody, marriage dissolution, marital assets distribution, or a monetary judgment.

Criminal law

Federal and state governments enact and enforce criminal laws. A federal or state attorney brings charges when an individual violates one or more of these laws. Penalties for violating criminal laws depend upon whether the law is a misdemeanor or felony and whether the defendant is a repeat offender.

Examples of criminal matters include the following:

• Assault
• Fraud
• Homicide
• Robbery
• Theft

Is negligence civil or criminal?

Medical negligence and malpractice are known as professional negligence in Nevada. This term simplifies legal claims for victims. Determining whether negligence or malpractice applies in some cases can be challenging because it can be hard to prove intent, distinguishing malpractice from negligence.

Professional negligence cases include unintentional errors that harm patients and deliberate actions by medical professionals that harm patients. They are usually civil cases initiated by victims.

Licensing boards and professional organizations may also act against a medical professional due to professional negligence. Nevada’s State Board of Medical Examiners lists medical professionals facing disciplinary actions. Professional disciplinary actions can include the following:

• Community service
• Continuing education requirements
• Fines
• Limitations on a license
• Probation
• Suspended license

A licensing board’s decision to pursue disciplinary action does not affect victims’ options. Victims may still seek justice through a civil claim. 

Is malpractice a crime?

In some cases, medical professionals could face criminal medical malpractice charges. For example, doctors have been convicted of felony charges in criminal proceedings. 

A state’s attorney determines whether criminal charges apply. Although victims of criminal medical malpractice may testify at trial, victims cannot choose to pursue criminal charges. Criminal medical malpractice charges usually apply to only the most severe cases with sufficient evidence to prove intent to harm. 

Whether a criminal case results in a conviction or not, victims have the right to initiate civil proceedings. 

What are your options if you suspect professional negligence caused you harm?

There are some crucial steps you should take if you suspect professional negligence caused you harm, including the following: 

1. Document your suspicions: Make notes of your medical treatment, the professionals involved, your symptoms, and anything relevant.
2. Create a list of potential witnesses: This list could include people who visited you during your treatment, other patients, and other medical professionals.
3. Collect records: Collect your medical bills, prescriptions, X-rays, test results, and any other documentation related to your treatment.
4. Contact a medical malpractice attorney: Medical malpractice attorneys offer free consultations. They’ll evaluate your potential claim and confirm whether you have a case.

A medical malpractice attorney will explain your legal options. It’s crucial to avoid making assumptions about whether you have a valid claim and how long you have to file. Talking to a legal expert is the best way to be sure you understand how to seek justice when you’re the victim of professional negligence. 

What is a medical malpractice attorney?

A personal injury lawyer is an attorney specializing in tort law. Personal injury lawyers work under many labels and are also known as:

• Auto accident attorneys
• Catastrophic injury attorneys
• Medical malpractice attorneys
• Pedestrian accident attorneys
• Premises liability attorneys
• Wrongful death attorneys

Medical malpractice attorneys spend years studying relevant case law while earning a law degree. They use their expert legal knowledge to build cases for clients and help them get damages. 

How a medical malpractice lawyer can help 

The legal team at Adam S. Kutner, Injury Attorneys, offers free consultations for professional negligence victims. We’ll listen to you and review any evidence you have. We’ll use your information to launch an investigation when we take your case. Actions we’ll take can include the following:

• Collecting video footage
• Interviewing witnesses
• Investigating medical professionals
• Subpoenaing medical records

We’ll help you calculate the economic and non-economic damages you can seek in a professional negligence claim and ensure your case meets Nevada’s filing requirements. We can also help you decide whether to report your concerns to the state’s attorney if you suspect criminal medical malpractice charges may be warranted. 

Our team will handle settlement negotiations and fight to get you a fair settlement as soon as possible. We’ll explain any offers we receive and whether you will likely receive more money if the case goes to trial. We aim to help you get justice for the professional negligence you suffered and ensure you have all the information you need to make informed decisions until we resolve your case.