Article Updated:  April 10, 2026

 

Is Medical Malpractice A Civil Or Criminal Case?

Not sure if your medical malpractice case is a civil or a criminal one? On this page you will find information related to knowing which your case is and how to identify each type of case. You will learn more about whether medical malpractice is a civil or criminal case and how this distinction can impact your legal options and next steps. This information is designed to help you make informed decisions for yourself and your loved ones.

You will also learn about topics including

◊ Differences between civil and criminal malpractice cases
◊ When malpractice may involve criminal conduct
◊ Legal timelines and filing considerations
◊ Key factors that determine case classification

In addition, general insights are provided based on a broad review of malpractice cases and legal outcomes. If you would like a more personalized evaluation of your situation, reaching out for guidance can help clarify your options and next steps. If you have questions and want a free consultation i am available to answer questions at any time, contact me for free today.

Easy FAQS About the Differences Between Medical Malpractice, Civil and Criminal Cases

Understanding whether medical malpractice is a civil or criminal matter can feel confusing, especially for those unfamiliar with the legal system. In most situations, medical malpractice cases are handled as civil cases, meaning the goal is to recover compensation rather than to punish wrongdoing through jail time. However, there are rare circumstances where criminal charges may also apply.

If you are wondering about the differences in case types and the timeline differences, this often depends on whether the case is civil, as most malpractice claims follow civil procedures and deadlines.

Here are some simple FAQs to clarify the differences:

◊  Medical malpractice is typically a civil case focused on compensation for harm
◊  Civil cases are filed by individuals seeking damages for injuries or losses
◊  Criminal cases are brought by the government to punish unlawful conduct
◊  Criminal malpractice cases are rare and usually involve extreme negligence or intentional harm
◊  The burden of proof is higher in criminal cases than in civil cases

Knowing the distinction helps you better understand your options and what to expect when pursuing a claim.

What is a Medical Malpractice Case?

Is Medical Malpractice A Civil Or Criminal CaseA medical malpractice case arises when a healthcare provider fails to meet the accepted standard of care, resulting in harm to a patient. This may involve errors in diagnosis, treatment, aftercare, or health management. In most instances, these cases are considered civil matters because the injured party is seeking financial compensation for damages such as medical expenses, lost income, or pain and suffering.

Medical malpractice cases often require more preparation than other types of claims. This is because they typically involve reviewing medical records, consulting with experts, and establishing that negligence directly caused the injury.

The process begins with a detailed review of the facts, followed by gathering evidence and expert opinions. Once a case is established, a formal complaint is filed in civil court. While the filing itself may not take long, the preparation phase can take several weeks or months depending on the complexity of the case.

Understanding the nature of a medical malpractice case is essential in determining your legal path and ensuring that your claim is handled correctly.

How is a Civil Case Different from a Criminal Case?

Civil and criminal cases serve very different purposes within the legal system. A civil case is brought by an individual or entity seeking compensation for harm or loss, while a criminal case is initiated by the government to address violations of the law and impose penalties such as fines or imprisonment.

In the context of medical malpractice, most claims fall under civil law. The injured party must prove that the healthcare provider acted negligently and that this negligence caused harm. The outcome typically involves financial compensation rather than punishment.

Criminal cases, on the other hand, require proof beyond a reasonable doubt and are focused on determining guilt. These cases may arise if a healthcare provider engages in reckless or intentional misconduct.

If you are considering legal action, you should know that civil cases generally have specific filing deadlines, and missing them can prevent you from pursuing your claim. Criminal cases follow different procedures and timelines, as they are handled by prosecutors.

Understanding these differences can help you determine the appropriate course of action for your situation.

Can a Medical Malpractice Case Be Either a Criminal or Civil Case?

Is Medical Malpractice A Civil Or Criminal CaseIn most situations, medical malpractice is handled as a civil case. However, there are rare instances where the same conduct may also lead to criminal charges. This typically occurs when the actions of a healthcare provider go beyond negligence and involve reckless disregard for patient safety or intentional harm.

For example, cases involving fraud, abuse, or extreme misconduct may attract criminal investigation. In such cases, the government may pursue charges while the injured party files a separate civil claim for compensation.

While it is possible for a case to have both civil and criminal aspects, the majority of medical malpractice claims remain within the civil system. Consulting with a legal professional can help clarify how your case should be categorized.

Is it Possible a Medical Malpractice Case is Both a Criminal and a Civil Case?

Yes, in certain circumstances, a medical malpractice case can involve both civil and criminal proceedings. This typically happens when a healthcare provider’s actions are not only negligent but also violate criminal laws.

In such cases, two separate legal processes may occur. The civil case focuses on compensating the victim for damages, while the criminal case seeks to penalize the wrongdoing through fines or imprisonment. These cases proceed independently, even though they may arise from the same incident. This dual pathway can be complex, making legal guidance especially valuable. Understanding the distinction ensures that you take the appropriate steps to protect your interests.

How Can I Know if my Medical Malpractice Case is A Civil or Criminal Case?

Is Medical Malpractice A Civil Or Criminal CaseDetermining whether your case is civil or criminal depends on the nature of the healthcare provider’s actions. If the issue involves negligence, such as a mistake in treatment or diagnosis, it is most likely a civil case. If the conduct involves intentional harm or extreme recklessness, it may also be subject to criminal investigation.

A key factor is who initiates the case. Civil cases are filed by individuals seeking compensation, while criminal cases are brought by government authorities. In most medical malpractice situations, the injured party pursues a civil claim.

If you are unsure, consulting with an attorney is the best way to evaluate your case. They can review the facts, assess the level of misconduct, and advise you on the appropriate legal path.

Is Medical Malpractice A Civil Or Criminal Case Q&A

Is medical malpractice usually a civil or criminal case?

Most medical malpractice cases are civil and focus on compensation for harm.

When can medical malpractice become a criminal case?

It may become criminal if there is intentional harm or extreme negligence.

Who files a medical malpractice case?

The injured person files a civil case, while the government files criminal charges.

What is the goal of a civil malpractice case?

The goal is to recover damages such as medical costs and lost income.

Do criminal malpractice cases happen often?

They are rare and typically involve serious misconduct

Can a case be both civil and criminal?

Yes, in some situations both types of cases can arise from the same incident.

Not Sure If Your Medical Malpractice is a Civil or Criminal Case? Let Us Help You Find Out

If you are facing a situation involving possible medical malpractice, understanding whether your case is civil or criminal is an important first step. The legal process can feel complex, but you do not have to navigate it alone. Gaining clarity early can help you protect your rights and make informed decisions. If you have questions or need guidance, reaching out for professional support can provide the direction you need.

Taking action now can help ensure your case is handled properly and with the attention it deserves. I am always here to help guide you and answer questions, contact me today.

Warmly,

Reza Davani, Esq.
State Bar No.:     1212110211
Federal Bar No.: 30168

Elder Abuse Lawyer

 

Knaak, J. P., & Parzeller, M. (2014). Court decisions on medical malpractice. International journal of legal medicine, 128(6), 1049-1057.

Giesen, D. (2025). International Medical Malpractice Law: A Comparative Study of Civil Responsibility Arising from Medical Care. Martinus Nijhoff Publishers.

Bal, B. S. (2009). An introduction to medical malpractice in the United States. Clinical orthopaedics and related research, 467(2), 339-347.

Van Grunsven, P. R. (1997). Medical Malpractice or Criminal Mistake?-An Analysis of Past and Current Criminal Prosecutions for Clinical Mistakes and Fatal Errors. DePaul J. Health Care L., 2, 1.

Šepec, M. (2018). Medical error–should it be a criminal offence?. Medicine, law & society, 11(1), 47-66.

Di Landro, A. R. (2012). Criminal law as a response to medical malpractice: pluses and minuses-comparing Italian and US experiences. Med. & L., 31, 221.

Pedemonte, S. (2022). State v. Christensen: Criminalizing Medical Malpractice. Mont. L. Rev., 83, 183.

About the Author

This nursing home and medical malpractice article was written by Baltimore, Maryland nursing home attorney Reza Davani, Esquire.  Mr. Davani received his Juris Doctor degree from a Tier 1 law school, the University of Maryland Francs King Carey School of Law.  He received his first license to practice law from the State of Maryland’s Court of Appeals (MD State License No. 1212110211), and just four months later received a federal law license from the United States District Court for the District of Maryland (Federal License No. 30168).

Mr. Davani has been practicing law for over 10 years.  He began practicing law by helping clients as a sanctioned student lawyer before receiving his law license, and second chaired his first jury trial in federal court before even graduating law school.  He is a registered member of the Maryland Association for Justice (MAJ), the American Bar Association (ABA), the American Association for Justice (AAJ), and was formerly on the MAJ’s Legislative Leader’s Circle.

Mr. Davani has taken over 20 cases to trial in state and federal court, and favorably settled well over 100 cases for injured victims.  He has personally helped his clients recover over $15,000,000 in personal injury, medical malpractice, and nursing home abuse settlements and verdicts in Maryland and other states.  He is dedicated to fighting for justice, and welcomes the opportunity to help you.

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