The top story on many news outlets these days is the Conrad Murray trial for involuntary manslaughter in the death of Michael Jackson. Though according to a professor of sociology and medical ethics at the University of Pennsylvania such cases against doctors are rare, the cardiologist is being prosecuted by the state of California for allegedly providing negligent medical care that ultimately resulted in the death of the famous pop singer.
Most cases involving the purported negligent actions of medical providers result in civil medical malpractice cases, not criminal charges. There are major differences in the two types of cases and potential ramifications.
In a civil medical malpractice case, the incident that prompts such a case can range from the failure to properly diagnose an ailment to failing to remove all sponges used in a surgical procedure. While the negligent behavior may result in death, it could result in injury to a person who is still alive. The lawsuit can be filed by the injured patient or their loved ones. Ultimately, in addition to holding a medical professional or provider accountable for the damage, the plaintiff is seeking financial compensation.
In contrast, a criminal manslaughter case is prompted by a case of criminal negligence. Though was constitutes this varies, according to one practicing attorney who also holds a medical degree, this negligence is characterized by "a gross incompetence or indifference to a patient's well-being." The consequences in this type of criminal case usually include jail time. In this particular case, if convicted, Murray could be sentenced to serve four years in jail.
Only time will tell whether the actions Murray took or failed to take will be deemed to equate to involuntary manslaughter by the jury.
Source: Discovery News, "Jackson Trial: When Does Malpractice Become Criminal?," Marianne English, Oct. 6, 2011