by wendlesora » Sat Apr 02, 2011 5:43 am
A doctor may face sanctions from the medical licensing board in their country/state of residence, and while malpractice actions are noted on every physician's record and with their insurance companies, depending on the state, this data may remain secret allowing doctors whose licenses have been revoked in one state to obtain licensure in another. It's a system that obviously needs work. The Feds won't step in unless a doctor has been found guilty of drug trafficking, violations of DEA law regarding dispensing of controlled substances, or violations of other federal laws. They more or less leave most policing and sanctions up to the states.
http://www.consumerwatchdog.org/patients/articles/?storyId=17115
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Wrongful death due to negligence and/or malpractice, general negligence suits are heard as civil proceedings, therefore it is up to the patient's relatives to pursue the case.
The circumstances surrounding the case could be basis for criminal prosecution but that would depend on the opinion of the DA.