We put our trust in professionals every day. Certain services we rely on can only be delivered by people with the proper training and experience.
Nowhere is that more evident than when we seek out medical care. Any doctor licensed to practice medicine in New Mexico has gone through years of medical school, internships, and residencies.
That makes the doctor ready to provide an accepted level of care for their chosen field, whether as a general practitioner or specialized surgeon. However, all that training and experience does not make them infallible. Mistakes happen, and when those mistakes cause harm, they could result in medical malpractice.
That is the exact type of scenario where you need to speak with Barrera Law Group LLC.
We’re a team of Midland medical malpractice attorneys who understand the laws and the complexities that are part of these types of claims. If you’re dealing with this situation, you have to understand that medical malpractice cases can also involve criminal charges. How will that impact your claim?
The following information breaks down how the courts deal with medical malpractice claims.
Medical Malpractice Versus Battery Charges
A patient can go in for routine surgery and come out with an injury or ailment that is far worse than the underlying condition. You can establish a medical professional engaged in negligent acts in that situation.
Here are some examples of negligent acts:
- Failures to diagnose
- Administering the wrong medication or dosage
- Anesthesia errors
- Inadequate follow-up care
- Incorrectly interpreting diagnostic test results
- Misdiagnosis
- Surgical errors
The core issue with the above issues is the lack of intent. When a doctor crosses the line with an intentional act, it can be considered battery, which can be charged as a criminal matter.
Here are some common examples of medical malpractice with intent:
Fraud
Medicaid and Medicare are two government-funded insurance programs that have helped millions meet their healthcare needs. Sadly, these systems are ripe for abuse.
An unscrupulous doctor could make claims for a patient they didn’t treat or file for reimbursement with unnecessary examinations. Fraud can also occur if a doctor performs a procedure that wouldn’t be recommended by other professionals or suggests an alternative treatment plan from which they could profit without tangible results.
If a doctor does commit an error that leads to harm, any attempt to cover it up to prevent a lawsuit would also be considered fraud.
Gross Negligence
Most medical malpractice cases don’t involve malice against a patient’s health.
However, there are instances where gross negligence can occur. For instance, if a doctor performs surgery while under the influence of drugs or alcohol, that would be considered gross negligence.
Typically, medical malpractice doesn’t involve malice or disregard for a patient’s health or safety.
However, gross negligence, such as providing medical services while under the influence of alcohol or drugs, can lead to a criminal case.
Practicing Without a License
For a doctor to practice medicine in the state, they must be licensed by the Texas Medical Board. That includes physician assistants, acupuncturists, radiologists, surgical assistants, and other healthcare professionals. If a doctor misrepresents their license status, they could face criminal charges.
Going to Court
When dealing with a medical malpractice case, you will file your lawsuit in civil court.
If the doctor faces criminal charges for the same incident, those will be prosecuted in a criminal court. Your medical malpractice attorney won’t represent you in that criminal matter, but the same evidence will be presented. You might also be required to testify in both trials.
You don’t have to wait for the outcome of the criminal charges to pursue your claim.
The result of the criminal trial should have no impact on your case. In other words, the doctor could be found innocent of criminal charges but still held accountable for the civil complaint. That is because the standards of guilt are different. In a criminal case, prosecutors must prove the case beyond a reasonable doubt.
In a civil case, your attorney will only have to prove the case by a preponderance of the evidence.
The decision to file criminal charges will be based on the evidence and your testimony.
A prosecutor will only proceed with a case if they’re confident in the outcome. As for your civil complaint, Barrera Law Group LLC will also only move forward if we feel confident of the outcome. That begins with a free consultation where you can get your questions answered and share what happened to you.
When a doctor betrays your trust, they need to be held accountable.