Medical misdiagnosis

 

 

 

 

Should medical misdiagnosis be a crime? Over the past 20 years, more and more criminal indictments have been taking place against doctors charged with negligence that resulted in the death of patients.

Are doctors making mere mistakes or are they negligent or acting in a reckless manner resulting in criminal liability?

Should criminal charges be brought without willful misconduct? Should a doctor lose their license? Are there healthcare and/or business reasons that affect such decisions (whether positively or negatively)?

Should murder charges be brought against a doctor for the misdiagnosis a patient?

Is there a difference between being overworked and lack of attention (negligence)?

What do you think?

 

 

 

Sample Solution

In the present-day United States, medical error y health care providers is the third leading cause of death. While it is not impossible to charge or convict a physician when a medical error takes place, it is rare. Medical malpractice cases usually aren’t criminal cases. Extreme circumstances are required for a wrongful death or medical malpractice case to become criminal, most often regarding the death of a patient. Currently, the American Medical Association acknowledges that recklessness or gross deviation from the standard of care should be criminally culpable, but it strongly opposes criminal prosecution of medical negligence. Recklessness should be criminally prosecuted.

 

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