Suits in Tort Versus Criminal Prosecution for Patient Abuse and For Gross Negligence.

A tort lawsuit is a legal proceeding in which a person sues another party for injuring him. For example, a person may file a tort lawsuit after someone breaks his arm in a fight or hits him with his car. Additionally, tort lawsuits are often filed because of medical negligence or some other type of negligence like physician negligence to his patients. In most jurisdictions, tort suits are filed when a person wants compensation for his injury rather than, or in addition to, criminal prosecution. The laws of many jurisdictions allow a person to be compensated for pain that he has suffered as well as lost wages and medical expenses; some allow a person to sue for emotional suffering as well. A tort suit is filed by the person who suffered an injury or his legal representative. On the other hand, for example, Nurse managers and healthcare administrators need to be aware of situations, which nurse staff and other healthcare employees may be subjected to criminal prosecution— if and when medical/treatment errors exist. As a result, it is important to understand the concepts of criminal law. Unlike tort suit, in criminal prosecution cases, a grand jury typically decides whether there is enough evidence to justify an indictment and a trial. A charge is a formal accusation of criminal activity. The prosecuting attorney decides on the charges, after reviewing police reports, witness statements, and any other evidence of wrongdoing. Formal charges are announced at an arrested person’s prosecution. For example and most especially, criminal negligence and patient abuse of medical treatment are more-than-ordinary sloppiness, in other words, irresponsibility. In general, carelessness can be a crime when a person irresponsibly disrespects a considerable and indefensible risk. It is up to judges and juries to evaluate a person’s conduct–according to community standards and to decide whether the carelessness is serious enough to demonstrate criminal prosecution. Criminal neglect is an act, omission, or course of conduct that because of the failure to provide adequate medical care creates a significant danger to the physical or mental health of a patient.