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Criminal Medical Malpractice: What It Is And How It Happens

Medical professionals have a duty to provide care that meets established standards.

By Roberta Silverglate, California Business Journal

When they fail to do so, patients can suffer serious harm. In most cases, medical mistakes result in civil malpractice claims. However, in extreme situations where negligence is intentional or reckless, the case may fall under criminal medical malpractice. These cases go beyond simple errors and involve actions that violate the law. Understanding what constitutes criminal malpractice and how it happens can help patients recognize serious medical misconduct.

What Is Criminal Medical Malpractice?

Criminal medical malpractice refers to medical negligence so severe that it becomes a criminal offense. Unlike regular malpractice, which is handled in civil court and usually results in financial compensation, criminal cases involve prosecution by the state. If found guilty, a healthcare provider can face penalties such as fines, license suspension, or imprisonment.

For malpractice to be considered criminal, the actions must involve gross negligence, recklessness, or intentional harm. Some cases stem from extreme incompetence, while others involve unethical or illegal behavior.

Credits: Adobe Stock

How Criminal Medical Malpractice Differs from Civil Malpractice

Both civil and criminal malpractice involve medical errors, but their consequences differ. In civil malpractice:

The case is filed by the patient or their family.

The goal is to obtain compensation for damages.

The burden of proof is lower—plaintiffs must show that negligence occurred.

Criminal malpractice, however, involves severe misconduct:

The state files charges, not the patient.

The provider faces criminal penalties, including prison time.

The prosecution must prove intent, recklessness, or extreme negligence.

Because the legal process for criminal malpractice is complex, victims or their families often seek legal guidance. Consulting an experienced medical malpractice lawyer in Chicago or in your area can help determine if a case meets the legal threshold for criminal charges or should be pursued as a civil lawsuit.

Common Causes of Criminal Medical Malpractice

Several factors contribute to medical malpractice cases that become criminal. While not every medical mistake leads to criminal charges, certain types of misconduct cross legal boundaries.

1. Performing Unnecessary Procedures for Financial Gain

Some doctors deliberately perform surgeries or treatments that patients do not need. This type of fraud puts lives at risk for financial profit. For example, a surgeon might operate on healthy patients to bill insurance companies. If a patient suffers harm, the doctor could face criminal charges.

2. Practicing Without a License

Medical professionals must be properly licensed to treat patients. Practicing without credentials is illegal and dangerous. If an unlicensed person provides medical care and causes harm, authorities may charge them with criminal malpractice.

3. Administering the Wrong Medication Intentionally

Medication errors are common in healthcare, but most are unintentional. However, giving a patient the wrong drug on purpose can lead to criminal charges. This includes cases where a doctor prescribes medication for personal gain or a nurse intentionally gives a patient a harmful substance.

4. Gross Negligence Leading to Death or Severe Harm

Negligence becomes criminal when a medical professional ignores obvious risks. For example, if a doctor fails to treat a serious condition despite clear symptoms, it can be considered criminal negligence. A surgeon operating while intoxicated is another example. These cases often lead to charges such as manslaughter or reckless endangerment.

5. Abuse and Mistreatment of Patients

Intentional abuse—whether physical, emotional, or sexual—is a serious crime. Cases involving assault in nursing homes, hospitals, or clinics fall under criminal malpractice. Any act that intentionally harms a patient can lead to criminal prosecution.

6. Medical Fraud and Deception

Some cases involve falsifying medical records, forging prescriptions, or billing for services that were never provided. While fraud is often considered a financial crime, if it results in patient harm, it can become a criminal malpractice case.

Legal Consequences of Criminal Medical Malpractice

When a healthcare provider is found guilty of criminal malpractice, the penalties depend on the severity of the case. Common consequences include:

License revocation – A convicted provider often loses their right to practice medicine.

Fines and restitution – The court may order the defendant to pay fines or compensate victims.

Imprisonment – In extreme cases, such as those involving intentional harm or manslaughter, jail time is possible.

These penalties serve as a deterrent to prevent reckless or intentional misconduct in healthcare. Holding medical professionals accountable helps protect patients from severe harm.

Proving Criminal Medical Malpractice

Since criminal malpractice involves severe accusations, proving guilt is challenging. The prosecution must establish key elements:

Duty of care – The accused had a professional obligation to provide proper treatment.

Breach of duty – The provider acted recklessly or intentionally disregarded safety.

Harm resulted – The patient suffered serious injury or death due to the provider’s actions.

Criminal intent or extreme negligence – The misconduct was not a simple mistake but a violation of legal or ethical standards.

Unlike civil cases, where a lower burden of proof applies, criminal cases require proof beyond a reasonable doubt. This implies there must be no reasonable uncertainty that the provider committed the crime.

Preventing Criminal Medical Malpractice

Medical facilities and regulatory agencies work to prevent criminal malpractice by enforcing strict licensing, training, and ethical standards. However, patients should also take steps to protect themselves.

Verify credentials – Ensure that a doctor is licensed and has no history of malpractice.

Get second opinions – If a treatment recommendation seems unnecessary or aggressive, consult another provider.

Report suspicious behavior – If a healthcare worker acts unprofessionally or dangerously, report it to the appropriate authorities.

Staying informed and proactive can reduce the risk of falling victim to medical malpractice. Patients play a crucial role in ensuring their own safety by recognizing warning signs and taking action when needed.

Conclusion

Criminal medical malpractice involves reckless or intentional misconduct that endangers patients. Unlike civil malpractice, it leads to criminal charges, potential imprisonment, and loss of a medical license. Common causes include unnecessary procedures, gross negligence, and patient abuse. Patients can protect themselves by verifying credentials, seeking second opinions, and reporting unethical behavior. Recognizing the signs of criminal malpractice helps ensure safer healthcare for all.

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