Skip to main content

Is it possible for someone to be so negligent in what they did that it is a crime rather than just a simple negligence case. Or can it be both? I guess I'm thinking about a doctor who messes up so badly that a person dies from the negligence. Thanks.

Negligence and criminal charges

Sure it is possible for a person to act in a way that both satisfies the elements of a negligence claim and constitutes a criminal act.  But you are correct:  They are two separate matters that would be litigated in two separate courts.  For example, in 2009 there was a case involving a Massachusetts Doctor who was accused of negligence in the performance of an abortion, resulting in the death of the patient.  In addition to facing a civil suit for negligence filed by the family of the victim, the doctor was sentenced to jail time after pleading guilty to involuntary manslaughter (under Massachusetts law, an unintentional killing occasioned by wanton or reckless behavior).  Although it is unusual for a case of medical negligence to rise to the level of a crime, the doctor failed to monitor the patient's vital signs, did not have oxygen available for her, failed to use a blood pressure cuff, and did not call 911 in a timely manner.  

Talk to a Lawyer Today
Find a Personal Injury Attorney in your County
Most offer FREE Consultations