Brian
That's a civil proceeding but Criminal charges must be pressed against the attending.

Jay
Civil law.

silky1
Medical malpractice is a civil proceeding.Stated simply, 'malpractice' is a claim of professional negligence and is tried in the Civil Courts, whereas criminal charges are made by the state and are tried in the Criminal Courts.

Truthseeker
Medical malpractice refers to conduct, it can give rise to both. It can be a tort and or a crime just like a car "accident" can give rise to both. A cause for civil liability in addition to prosecution. Malpractice is just a word for negligence.

It all depends on how serious the malpractice is. The more serious it is, the more likely a crime was committed.

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Orignal From: is medical malpractice civil or criminal law ?

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