As catastrophic as medical negligence and errors can be, they are rarely considered to rise to the level of a criminal offense. Medical malpractice allegations are typically handled via civil lawsuits.
Kentucky has taken things a step further and decriminalized medical malpractice except in cases of “gross negligence or wanton, willful, malicious, or intentional misconduct.”
How did Kentucky law change?
Two years ago, Kentucky became the first state to decriminalize medical errors and negligence. Under the current law, medical providers “shall be immune from criminal liability for any harm or damages alleged to arise from an act or omission relating to the provision of health services.”
The intent of the change in the law was to prevent those in the medical profession from facing criminal penalties for actions or negligence that have unintended consequences that harm patients.
Are there advantages for patients?
Not surprisingly, the legislation was supported by groups that represent and advocate for medical professionals like the Kentucky Nurses Association. That group argued that by removing the fear of criminal prosecution in most cases, these professionals would be more willing to cooperate with malpractice investigations and to report errors by others and even themselves soon enough to be rectified. They went so far as to argue that fear of facing criminal consequences for an unintended error was even keeping people out of fields like nursing where there are serious shortages.
Of course, the change in the law doesn’t prevent people from bringing medical malpractice claims when preventable error or negligence causes injury or death. These claims can be challenging, and the bar is high for proving malpractice. That’s why it’s crucial to get experienced legal guidance as early as possible.