The question “is malpractice criminal or civil” comes up often when someone suspects something went wrong during a medical procedure or hospital stay. Many people assume malpractice must be a crime because the consequences feel so serious. In most cases though, medical malpractice falls under civil law, not criminal. Still, some actions go beyond mistakes or carelessness and cross into criminal territory.
Read on to learn about the difference between civil and criminal malpractice, how Virginia handles these claims, and what makes a case cross the line. You’ll also learn what your options might look like if you’ve been hurt by a healthcare provider’s misconduct and how an attorney can help.
If you’re dealing with injuries or losses that medical negligence caused in Virginia, you need to consult a local abogado de negligencia médica who can help you learn your legal options.
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¿Qué es la mala praxis médica?
En Virginia negligencia médica refers to any act or omission by a doctor, nurse, surgeon, or other medical provider that falls short of the accepted standard of care and results in injury or death. The “standard of care” refers to the level and type of care a similarly trained provider would give under the same conditions.
Elements required to prove malpractice
To file a medical malpractice claim in Virginia, you need an attorney to show:
- Existía una relación proveedor-paciente. The person who caused the injury had a duty to care for the patient.
- The provider breached that duty. They failed to provide the care that a reasonably skilled provider would have delivered.
- That failure caused injury. The mistake or omission must have directly caused harm.
- The harm led to damages. These include facturas médicas, lost income, or other consequences.
Common types of malpractice cases
Medical malpractice can happen in many ways. Some common examples include:
- Surgical errors like operating on the wrong body part
- Diagnóstico erróneo o diagnóstico tardío
- Birth injuries during labor or delivery
- Prescribing the wrong medication or dose
- Failing to treat a known condition
Some mistakes cause only temporary problems. Others lead to permanent injuries or even death.
Is medical malpractice a criminal or civil matter?
When patients ask whether malpractice is criminal or civil, they’re usually reacting to how serious the harm feels. The answer depends on what happened and why.
Malpractice as a civil issue
In the vast majority of cases, malpractice is a civil matter. That means the patient sues the healthcare provider or hospital for compensation. The case focuses on money damages to cover losses like medical bills or lost income. It doesn’t involve jail time or criminal penalties.
Civil cases don’t try to punish the provider. Instead, they aim to make the injured person “whole” again as much as possible. These lawsuits often end in settlements, though some go to trial.
When criminal charges may apply
Medical conduct can become criminal when the provider’s behavior goes far beyond simple mistakes or negligence. Some examples:
- Intentionally harming a patient
- Performing medical procedures without consent
- Using their position to commit fraud
- Treating patients while intoxicated
In those cases, a criminal court may handle prosecution. The provider could face jail, fines, or license loss, depending on the charges.
Key differences between civil and criminal proceedings
| Feature | Civil Case (Malpractice) | Criminal Case (Malpractice-Related) |
| Who brings the case? | Injured patient or family | Government (Commonwealth of Virginia) |
| What’s at stake? | Money damages | Jail time, fines, probation |
| Burden of proof | Preponderance of evidence | Beyond a reasonable doubt |
| Goal | Compensation for losses | Punishment and deterrence |
Understanding civil malpractice claims
Most malpractice cases fall under civil law. These lawsuits follow Virginia rules and require specific steps before and during the process.
Purpose of civil malpractice lawsuits
Civil lawsuits give injured patients a way to recover losses caused by a healthcare provider’s negligence. The law doesn’t aim to punish providers but to hold them financially responsible for the damage they caused. Compensation can help patients afford care, replace lost wages, and adjust to life after the injury.
Types of damages available in Virginia
Virginia allows several kinds of damages in casos de negligencia médica, incluido:
- Gastos médicos: Past and future treatment costs
- Ingresos perdidos: Wages lost due to time off work
- Loss of future earning ability: If the injury reduces your ability to work long-term
- Dolor y sufrimiento: Physical discomfort and impact on daily life
- Daños por muerte por negligencia: If the patient dies, the family may claim certain losses
Virginia law limits some of these amounts, which we’ll explain below.
Burden of proof in civil cases
The injured party has the burden to prove the case. In civil law, the standard is a preponderance of the evidence, meaning the patient must show that it’s more likely than not that the provider caused the injury. That’s a lower standard than criminal law, which requires proof beyond a reasonable doubt.
Virginia’s statute of limitations for malpractice claims
En Virginia, normalmente tienes dos años from the date of the injury to file a malpractice lawsuit. Some exceptions apply, such as:
- A foreign object left in the body: The clock may start from the date you discover it.
- A minor child injured by malpractice: The time limit may be extended.
Missing this deadline usually ends your right to sue, so early legal action matters.
When can medical malpractice become criminal?
Most medical mistakes lead to civil claims. But some actions cross the line into criminal territory, especially when there’s intent or serious misconduct.
Intentional harm or gross negligence
A provider who harms a patient on purpose, or who acts with extreme disregard for safety, may face cargos criminales. For instance, operating while impaired or ignoring obvious signs of an emergency could lead to prosecution.
Healthcare fraud and abuse
Falsifying patient records, billing for services never provided, or performing unnecessary procedures just to collect payment all fall under fraud. These cases are typically handled by the state attorney general or federal prosecutors, depending on the facts.
Substance abuse by healthcare providers
If a provider treats patients while under the influence of drugs or alcohol, their actions may amount to criminal conduct. Even if no harm occurs, the provider’s behavior may trigger criminal charges, professional discipline, or both.
Examples of criminal medical malpractice cases
Some examples include:
- A nurse who swapped pain medications with saline and sold the drugs
- A surgeon who operated while intoxicated and caused a patient’s death
- A doctor who billed Medicaid for hundreds of fake procedures
In each case, the state filed criminal charges along with other legal actions.
Can you file both civil and criminal cases?
Yes. In some cases, both civil and criminal proceedings happen. They serve different purposes and follow different legal rules.
Dual proceedings explained
If a provider’s actions break the law and also cause injury, the government may file criminal charges, and the patient may file a civil lawsuit. These two cases can happen at the same time or in sequence.
How criminal cases affect civil claims
A criminal conviction can help the civil case by proving that wrongdoing occurred. For example, if a provider pleads guilty to assaulting a patient, the civil lawsuit can use that admission as evidence.
However, a not-guilty verdict in the criminal case doesn’t always stop the civil case. The lower burden of proof in civil law allows a case to succeed even when the criminal case doesn’t.
Timing considerations for both types of cases
Civil lawsuits often pause if a related criminal case is underway. This allows the criminal investigation to move forward without interference and protects each side’s legal rights. Once the criminal case ends, the civil case can continue with more information in hand.
Virginia medical malpractice laws and procedures
Virginia’s malpractice laws include several steps and rules that shape how these cases work. These requirements can influence how fast a case moves and how much a patient may recover.
Pre-suit requirements in Virginia
Before filing a lawsuit, the injured party must obtain a written statement from a medical provider who supports the claim. This rule aims to reduce claims without merit and ensures that plaintiffs have some medical basis before suing.
Medical review panel process
Virginia law allows either side to request a medical review panel. This group of doctors and a lawyer reviews the evidence and gives a nonbinding opinion. While not required in every case, the panel’s opinion may influence settlement discussions or trial outcomes.
Damage caps and limitations
Virginia limits the total amount a patient can receive in a malpractice case. As of July 1, 2025, the cap sits at $2.7 million. This cap includes all damages combined, including economic and non-economic, and rises slightly each year.
Expert witness requirements
Virginia requires medical malpractice plaintiffs to provide testimony from a qualified healthcare provider. This witness must be familiar with the type of care involved in the case and must confirm that the defendant’s actions fell below the accepted standard.
How our Virginia malpractice attorneys can help
Medical malpractice cases involve detailed medical evidence, strict deadlines, and well-funded insurance companies. The attorneys at Allen & Allen help injured patients hold healthcare providers accountable and seek the financial support they deserve.
Case evaluation and investigation
Our legal team reviews medical records, consults with doctors, and examines every detail to determine whether malpractice occurred. If the case has legal grounds, we build a strong claim from the start.
Working with medical experts
We connect with licensed professionals who understand your condition and can explain how your provider’s care fell short. Their insight helps prove your case to the insurance company or the court.
Navigating Virginia’s complex legal requirements
From written certificates to filing deadlines, our attorneys manage every legal step required by Virginia law. We work to keep your case on track and protect your claim from dismissal.
Maximizando su compensación
We look at your medical expenses, income loss, long-term needs, and personal impact to calculate a fair recovery. Our goal is to make the at-fault party pay the full cost of the harm done.
Coordinating with criminal proceedings (when applicable)
If your case involves criminal charges, we coordinate with prosecutors and courts to gather useful evidence and support your civil claim.
Frequently asked questions about medical malpractice in VA
How long do I have to file a malpractice claim in Virginia?
You typically have two years from the date of the injury, though some exceptions apply. Acting quickly helps protect your right to sue.
What if the healthcare provider’s license was revoked?
You can still file a civil lawsuit. The loss of a license doesn’t erase liability for harm already caused.
Can I still file a civil lawsuit if criminal charges are filed?
Yes. A criminal case doesn’t prevent you from filing a civil claim. In fact, evidence from a criminal case may help your civil claim.
What happens if the healthcare provider dies before my case is resolved?
You may still file a claim against the provider’s estate. The legal right to seek compensation doesn’t end with the provider’s death.
Do I need to report suspected criminal malpractice to authorities?
If you suspect a crime occurred, you should report it to the Virginia Department of Health Professions or local law enforcement. They can investigate and take action if needed.
Our attorneys can protect your rights
Malpractice can change your life in ways you never expected. A careless mistake by someone you trusted with your health may leave you struggling to recover, support your family, or move forward. At Allen y Allen, we don’t let those actions go unanswered.
nuestros abogados know Virginia malpractice law inside and out. We handle every case with the focus and attention it deserves. You won’t pay anything upfront to get started, and we’ll only recover payment if we succeed in getting you compensation.
When you work with Allen & Allen, you get a legal team that makes your fight their fight. Póngase en contacto con nosotros hoy for a free consultation. Let’s talk about what happened and how we can help you hold the provider accountable.
