Civil actions and criminal actions are both handled in a court of law, but they don’t carry the same kinds of penalties. Civil actions are the kind of court cases that usually involve the damage to a plaintiff’s property, or physical injuries that are a result of misconduct by the defendant. Civil actions usually don’t require either party to have lawyers present, and can be handled in a single visit to court rather than repeat visits and appeals. Criminal actions on the other hand are much more complicated, and will involve lawyers who are either court appointed or obtained by the defendant themselves. Criminal action is brought on by the state, and will involve a defendant who has committed a crime that ranges from a simple assault, robbery, OUI, attempted murder, or the death of another.
The goal of all civil cases it to reach an agreement, or try and make right of a situation that has lead both parties to court. A Civil case allows both the plaintiff and defendant to state their case, it’s also is a chance for the plaintiff to be compensated for any money or property they are owed.
The goal of all criminal cases is for the state to hand down forms of punishment to those who have broken the law. Criminal cases also give the public a sense of security, knowing that the people who have committed a violent or reckless crime will be held accountable, and punished based on the nature of the crime.
Civil cases don’t involve any kind of incarceration, but do involve the defendant having to pay back what has been taken or owed based on the nature of the case. Criminal cases almost always result in the suspect spending some time locked up, unless the parties involved can agree on a plea deal that will result in no incarceration.

The crime that I chose to fit both civil and criminal statues is medical malpractice. According to www.legaldictionary.com defines malpractice as, improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist or other health care professional.
There are four major elements that make up a malpractice case, duty, breach of duty, how the breach of duty caused injuries, and the injuries themselves.
Duty: The doctor or health care provider has a duty to their patients to provide the proper care that is needed. They also have a duty to their patients to provide the best health care possible.
Breach of duty: The duty or responsibility of the health care provider becomes breached when they ignore life threatening symptoms, or fail to disclose their findings with their patient. This duty can also be breached if either the wrong medication is administered, or too much of the right medication is given.
B.O.D caused the injury: The victim has to prove beyond a shadow of a doubt, that the injuries they have suffered are a direct result of their care provider’s inability to properly perform their job.
Damages: In order for the malpractice case to be successful there not only has to be injury to the patient, but also damages that resulted from improper care during treatment. Injuries by themselves usually won’t qualify for malpractice, but damages like the loss of function to a body part or something having to be removed would definitely qualify.
The crime of malpractice in my opinion is mala in se, or the crime is wrong in itself. www.mojolaw.com Any misuse of medical care towards others who don’t know the proper techniques of treating others is a terrible thing to do. Not every doctor intends to mistreat their patients, but there are those who blatantly misdiagnose patients to keep them coming back for financial gain. This kind of behavior can eventually lead to either an illness that can’t be reversed or even death.
After a lot of research, the classification of medical malpractice as either a misdemeanor or felony depends on the extent of the crime. A lot of times these cases are pleaded out and both parties agree on a settlement. In the case where a death occurs I believe this would be considered a felony.