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Healthcare Criminal Conduct Defense Lawyers

Prosecuting medical personnel for criminal negligence is gaining favor in the United States. This is partly due to the fact that medical errors are the third leading cause of death in the US. It is also because the high monetary sums that doctors bill should serve to guarantee some form of accountability and a basic level of care. Yet, the question of where medical negligence becomes criminal is a hard one to answer.

Many feel that criminal negligence can come into play when the doctors act with a reckless disregard for their patients and take a gross deviation away from acceptable practices. In this regard, the culpability rises beyond negligence into something just below recklessness. The doctor did not just make a medical error through oversight but had acted with such gross negligence that he was essentially gambling with the basic health of the patient. This is often due to time-management problems or competency regarding a novel issue in a growing practice.

When is Criminal Medical Negligence Prosecuted?

These cases are most often prosecuted when a patient dies in what should have been a routine procedure due to gross medical errors. Doctors have also been prosecuted for crimes in cases where they overprescribed opioids like fentanyl and killed numerous patients. In most cases, doctors will be able to excuse any sort of negligence by couching their defense under “professional judgment.” If there is a range of acceptable techniques and treatments for any type of illness, surgery, or other practice, a doctor can usually avail themselves of criminal and civil liability.

In any regard, medical personnel can minimize the potential for criminal liability by accepting that they made errors of medical negligence that would amount to malpractice. This may placate victims who have lost a loved one or experienced extreme suffering as a result of a doctor’s negligence.

If a doctor can cite the length of a lab report or some confusion over a notation in the medical records, this would present some good faith arguments that vindicate the doctor for only being human. Anyone can drift off when they are reading or get distracted and overlook something. Doctors can also be confronted with novel issues in the middle of a surgery that make the proper technique or method a judgment call.

In any case, the overall record of a healthcare provider can minimize any mistakes by demonstrating that the doctor was competent in advanced medical procedures and performed those duties without fail. In this manner, it would not be the ethical integrity of the doctor in question but rather a situational event where things deviated from the norm for some reason beyond his control.

Because medical opinions regarding the appropriate standard of care can be esoteric and highly debatable when it comes to accountability for most errors, it is difficult for criminal medical negligence to stick unless prosecutors have an evident pattern of untimely deaths or a single case of gross deviations that involve questions of common sense.

For example, if you know that a patient in your care is being treated for cancer and you abruptly stop that treatment, for no logical reason, while providing physical therapy, it would be hard to compel a jury that overriding another doctor’s medical treatment arbitrarily is some sort of judgment call.

If the prosecutor argues that you ceased the treatment because your practice was not competent to administer it and that you should have referred the patient elsewhere but were greedy, this would be an issue that jurors would have a hard time forgiving. In most cases, medical defendants should avoid putting their faith in medical jargon to couch anything as a medical judgment call. These weak excuses won’t hold up because jurors don’t want condescending boilerplate excuses; they want details and adversarial testing of even well-reasoned excuses.

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Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

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"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

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