Medical Negligence: Criminal Versus Civil Prosecution in Healthcare Law
Overview
This essay examines medical negligence as a legal and ethical issue in healthcare, arguing that medical negligence should be prosecuted as a criminal offense rather than a civil matter. The paper traces the historical increase in medical negligence cases and uses the Conrad Murray case as a prominent example, asserting that doctors' deliberate disregard for professional standards and procedures constitutes criminal behavior when it endangers human life.
What this essay covers
- Definition and legal framework of medical negligence with debate over civil versus criminal prosecution
- Historical context and case examples, particularly Dr. Conrad Murray and Michael Jackson
- Analysis of negligence versus accidental mistakes and the importance of professional standards in medicine
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Medical Negligence
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Medical Negligence
Medical negligence happens when a medical practitioner goes against professional work standards and causes injury to a patient. It is a legal cause of that is spelled out in the jurisdiction of the law of negligence. However, considerable debate is on how medical malpractice should be prosecuted and if it should be judged in civil or criminal courts. Similarly, a significant tension exists among different stakeholders on how medical malpractices should be tried, pushing for its trial as a civil legal matter. In contrast, others drum for it to be dealt with as a criminal offense. I believe that any action that endangers human life is illegal; hence medical negligence needs to be handled in criminal courts.
Barcus says that medical negligence was an uncommon phenomenon between 1809 and 1981, where only 15 cases were reported (Barcus, n.d.). The trend, however, has changed with numerous incidents reported all over the world. Kim (2014) gives an excellent example of Michael Jackson's doctor, who was charged in court for medical negligence. Doctor Conrad Murray was arrested and charged in a court of law for involuntary, causing the death of artist Jackson by being negligent in administering anesthesia called Propofol to his patient. The drug is often applied in a hospital where monitors continuously check the patient, but Murray went against it and delivered the medication at home. This instance is a criminal offense.