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Medical malpractice is usually handled as a civil case, not a criminal one. In rare situations involving intentional harm or extreme misconduct, a medical professional’s actions may also lead to criminal charges.
A Fort Lauderdale medical malpractice attorney at Lytal, Reiter, Smith, Ivey & Fronrath can help you understand whether your situation involves a civil claim and what options may be available.
What legally qualifies as medical malpractice?
Doctors, nurses, and all practitioners holding a medical license owe their patients a duty of care. They must uphold a patient’s safety at all times by avoiding actions that put the patient in harm’s way and taking action to support the patient’s health and well-being.
Medical malpractice occurs when a practitioner breaches this duty of care and demonstrates medical negligence. They somehow fail to show the patient an appropriate, reasonable standard of care. Some common types of medical malpractice cases include:
- Incorrect or delayed diagnosis
- Surgical errors
- Improperly prescribed or administered medication
- Birth injuries
- Unnecessary surgeries or procedures
- Failure to discuss treatment risks
To prove claims of medical malpractice, victims must also show the practitioner’s negligence directly caused resulting injuries and incurred measurable damages.
When medical malpractice crosses into criminal conduct
Medical malpractice becomes a criminal matter only in rare cases. These typically involve intentional harm or reckless conduct that goes far beyond a medical error, such as performing procedures for financial gain or treating patients while impaired.
For example, surgeons who perform unnecessary surgeries for money or kickbacks could face charges, as could those who perform surgery while intoxicated. The criminal justice system takes charge when medical malpractice rises to the criminal level.
Depending on the specific charges, the state or federal criminal court tries the case and issues penalties upon conviction. Criminal cases do not provide compensation for victims. Instead, they punish offenders. The burden of proof for reaching a conviction is “beyond a reasonable doubt.”
How civil medical malpractice cases differ from criminal cases
Medical malpractice is most often a civil matter. Malpractice claims are a type of personal injury claim. Through a claim, a medical malpractice attorney can fight to get victims financially compensated for the losses they suffered because of a practitioner’s negligence.
The standard of proof for holding practitioners liable in civil court is “a preponderance of the evidence. Essentially, you must show it is more likely than not that negligence occurred. A favorable outcome awards victims “damages” or compensation for their losses.
Can a doctor face both criminal charges and a civil lawsuit?
Not every instance of medical malpractice lands in criminal court. You do not need the state or federal government to file criminal charges to have grounds for a civil claim. Conversely, criminal charges or penalties against a practitioner do not prevent you from seeking damages through a civil claim.
Upon conviction, offending practitioners pay their debt to society through criminal punishments. The court may suspend or revoke the practitioner’s medical license, issue fines or probation, or order incarceration.
Through the civil system, a medical malpractice lawyer can help you secure personal justice by demanding financial compensation for the harm and losses the negligent practitioner caused you.
How civil medical malpractice claims work in Florida
Per Florida Statute 95.11, victims have 2 years to file a medical malpractice claim, so connecting with experienced malpractice lawyers quickly is the best way to ensure timely filing. Evidence collection is also more fruitful when carried out swiftly. There is less time for information to get lost or for witnesses’ memories to fade.
Medical records, treatment notes, and billing information often play a key role in medical malpractice cases. Speaking with a lawyer early can help ensure important information is preserved before records are lost or memories fade.
What compensation is available in a medical malpractice lawsuit?
Economic and non-economic damages are the kinds of damages available in a medical malpractice suit. Economic damages recoup your financial losses. These include medical bills and, if warranted, your continuing care needs. They also recover wages lost while your condition prevented you from working. If you cannot return to work, you can seek future lost income and benefits.
Non-economic damages account for your physical and emotional pain and suffering, any disfigurement or disability you sustain, and your diminished quality of life. A lawyer will evaluate these losses with compassion and accuracy, demanding fair compensation.
Talk to a Fort Lauderdale medical malpractice attorney
Medical malpractice can leave lasting physical, emotional, and financial effects. If you believe a healthcare provider’s negligence caused you harm, it’s important to understand your options.
Lytal, Reiter, Smith, Ivey & Fronrath help patients across South Florida pursue civil medical malpractice claims. To discuss your situation, contact us online or call (561) 655-1990 to schedule a free consultation.