Civil and Criminal Medical Malpractice: Understanding the Differences

When you go to the doctor’s office for a medical procedure or to a medical clinic or hospital for surgery, you just assume that things will go well. Doctors are generally well-trained in the United States and, in most cases, well-prepared to diagnose your condition and provide you with the proper treatment you need. But sometimes, things don’t go as planned, and medical malpractice is involved. In fact, Johns Hopkins patient safety experts believe that medical errors cause more than 250,000 deaths per year.

Medical malpractice can have devastating impacts on people’s lives. The consequences can be physical, emotional, psychological, and financial. If you’ve been the victim of medical malpractice, you have the right to pursue compensation for your injuries through a civil medical malpractice lawsuit. But what if the malpractice has been so egregious that the state decides to prosecute the malpractice criminally?

Civil Medical Malpractice

In most instances, when doctors are found to be liable for medical malpractice, their surgical error, misdiagnosis, or other act or omission is the result of negligence. That is, the medical provider failed to meet the standard of care that would have been appropriate in that situation. According to Florida law, “the prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”

If your healthcare provider has been found by a judge or jury to be liable for civil medical malpractice, you are entitled to recover damages for your injuries. These include economic damages, including out-of-pocket costs for medical fees, rehabilitation, prescription drugs, and lost wages. You may also be entitled to non-economic damages, including compensation for pain and suffering, emotional distress, or loss of consortium (compensation for spouses, children or even parents who suffer from their loved one’s injury or death).

Criminal Medical Malpractice

In certain cases, medical malpractice may cross the line into a criminal case. Florida law recognizes criminal negligence when a person exposes another to a personal injury by showing reckless disregard for human life or safety or when their actions show wantonness, recklessness, or indifference to the life of others.

Cases as egregious as these are not common, but they do happen, and the states have criminal recourse. Note that in a case of criminal negligence by the state of Florida, the victim has minimal involvement and little say in the disposition of the case. However, in most cases where the state brings charges, the victim will also pursue a civil case for compensation.

Contact Osborne, Francis & Pettis

Osborne, Francis & Pettis has many years of experience guiding our clients through their medical malpractice claims. Whether you’ve been injured due to hospital-acquired infections, emergency room negligence, improper discharge planning, or something comparable, we have the knowledge, skills, and empathy to help you through your journey.

But don’t delay. In Florida, the medical malpractice statute of limitations for a civil trial is two years from the date of the injury. While there are exceptions to this statute of limitations, it’s important to consult with a Fort Lauderdale medical malpractice attorney as soon as possible if you think you may have a civil medical malpractice claim. To arrange a confidential consultation, contact Osborne, Francis & Pettis today.

‍