When you undergo surgery, you trust your doctor to act with skill, care, and professionalism, but what happens when a doctor makes reckless surgical decisions that go beyond ordinary malpractice? In Oklahoma, doctors can face not only civil liability but, in rare circumstances, criminal charges for their actions in the operating room. Here’s what you need to know about how reckless medical decisions can lead to criminal prosecution.
Medical Malpractice vs. Criminal Conduct
Most surgical mistakes fall under medical malpractice, which is handled in civil court. These cases focus on compensation for injuries caused by a doctor’s negligence. However, criminal charges come into play when a doctor’s actions go beyond ordinary mistakes and rise to the level of recklessness or willful misconduct.
What Is Reckless Conduct?
Recklessness in a surgical setting typically means the doctor acted with a gross disregard for patient safety. Examples might include:
- Performing surgery while impaired by drugs or alcohol.
- Operating on the wrong body part despite clear safeguards.
- Ignoring obvious life-threatening conditions during a procedure.
- Performing unnecessary surgeries for financial gain.
These types of acts may lead to charges such as assault and battery, criminal negligence, or even manslaughter if the patient dies as a result.
How Are Criminal Charges Brought Against Doctors?
Criminal charges typically come after an investigation by law enforcement, often triggered by:
- Reports from hospital staff or patients.
- Findings from a medical licensing board investigation.
- Evidence uncovered during a civil malpractice case.
If prosecutors believe there is sufficient evidence, the doctor may be charged, arrested, and required to defend themselves in criminal court.
Potential Penalties
Depending on the charge, penalties can include:
- Jail or prison time.
- Heavy fines.
- Permanent loss of medical license.
- Inclusion on criminal records, which can end a medical career.
These penalties are separate from any civil damages a patient may recover in a malpractice lawsuit.
Patient Options After Reckless Surgical Decisions
If you believe a doctor acted recklessly, you may have several options:
- File a Complaint with the Oklahoma State Board of Medical Licensure and Supervision.
- Contact Law Enforcement if the conduct was criminal in nature.
- Pursue Civil Litigation to recover compensation for your injuries, lost wages, and pain and suffering.
Tulsa Medical Crime Attorneys
While most surgical mistakes are civil matters, a doctor who makes reckless or intentionally harmful surgical decisions can face criminal charges in Oklahoma. If you or a loved one suffered harm from what you believe was more than ordinary negligence, you should explore your legal options. Call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a consultation.