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: New York Medical Malpractice Blog

Stuff of nightmares: Criminal prosecution for medical malpractice

By Gerry Oginski

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Read a fascinating article, written by a Board Certified Ob/Gyn who describes two cases where doctors were criminally prosecuted for medical malpractice. It is a recommended read for injured victims to learn why their doctor will, most likely, not be prosecuted for acts of medical negligence.

"Happily, criminal prosecutions for malpractice are rare in the United States?far, far less common than civil suits for malpractice. Nevertheless, criminal prosecutions do occur and seem to be increasingly frequent in recent years. Consider that, between 1809 and 1981, approximately 15 criminal cases involved the prosecution of a physician for medical malfeasance1; by contrast, between 1985 and 2004, another 15 cases were heard in US courts?every one involving the death of one or more patients.2

The two cases that I present in this article, both involving ObGyns, illustrate the distinguishing features of criminal and civil malpractice in the eyes of the law. My goal? To answer a question you may be considering: Am I safe from criminal prosecution for harm that comes to a patient at my hands?"

Read the article in its' entirety here:

http://www.obgmanagement.com/article_pages.asp?AID=6463&UID=

Full post as published by New York Medical Malpractice Blog on August 12, 2008 (boomark / email).