Whether doctors are making mere mistakes, are negligent, or are acting in a reckless manner that results in criminal liability is a complex question that depends on the specific facts of each case.
In general, doctors are not held criminally liable for mere mistakes. A mistake is simply an error in judgment or an unintentional act. Doctors are expected to make mistakes, and they are not held criminally liable for mistakes that are made in good faith and with reasonable care.
However, doctors can be held criminally liable for negligence. Negligence is the failure to exercise the care that a reasonable person would exercise in the same situation. Doctors can be negligent if they fail to follow the standard of care for their specialty, or if they fail to provide their patients with the care that a reasonable person would expect.
Doctors can also be held criminally liable for recklessness. Recklessness is the intentional disregard of a known risk. Doctors can be reckless if they knowingly and intentionally act in a way that creates a risk of harm to their patients.
The decision of whether to bring criminal charges against a doctor is made by a prosecutor. Prosecutors have a lot of discretion in deciding whether to bring charges, and they will consider a number of factors, including the severity of the harm caused, the intent of the doctor, and the public interest.
There are a number of healthcare and business reasons that can affect the decision of whether to bring criminal charges against a doctor. For example, prosecutors may be reluctant to bring charges against a doctor if they believe that it will discourage other doctors from practicing medicine. Additionally, prosecutors may be concerned about the cost of bringing a criminal case against a doctor.
In some cases, prosecutors may decide to bring murder charges against a doctor for the misdiagnosis of a patient. However, this is very rare. In order to be convicted of murder, the doctor must have intentionally caused the death of the patient. This is a high standard to meet, and it is difficult to prove that a doctor intentionally caused the death of a patient through misdiagnosis.
There is a difference between being overworked and lack of attention (negligence). Being overworked can lead to negligence, but it is not a defense to negligence. If a doctor is overworked and makes a mistake, they can still be held liable for negligence.
Ultimately, the question of whether a doctor is making mere mistakes, is negligent, or is acting in a reckless manner that results in criminal liability is a complex one that depends on the specific facts of each case.
