Criminal Liability In Medical Malpractice And Its Impact On Sports Medicine
- IJLLR Journal
- Apr 13
- 2 min read
Shri Dharshan R.V, BA LLB (Hons.), CHRIST (Deemed to be University), Delhi NCR
ABSTRACT
"Medicine is not only a science; it is also an art. It does not consist in compounding pills and plasters; it deals with the very processes of life, which must be understood before they may be guided." – Paracelsus
Medical malpractice within the domain of sports medicine engenders considerable legal and ethical dilemmas, particularly when it culminates in criminal liability for healthcare practitioners. Given that athletes rely extensively on specialized medical experts to oversee their health and optimize performance, the repercussions of medical negligence or egregious misconduct can be catastrophic, potentially terminating careers or inflicting enduring damage. Criminal liability, which entails prosecuting healthcare providers for reckless or negligent actions that result in significant harm, is distinct from civil liability in that it emphasizes punishment and deterrence rather than compensation. This paper investigates the intricacies involved in discerning when medical malpractice in sports medicine transcends into criminal activity, emphasizing critical legal principles such as mens rea and actus reus. Furthermore, it analyzes the ramifications of criminal accountability on the practice of sports medicine, which may result in defensive medical strategies wherein physicians prioritize legal protection over patient welfare. The intense environment of sports, characterized by the imperatives of rapid recovery and optimal performance, exacerbates the potential for medical errors. Through the examination of case studies and legal frameworks, this paper deliberates the broader consequences of criminal liability for sports physicians, athletes, and the commercial interests of sports organizations, ultimately advocating for a judicious approach that ensures both accountability and elevated standards of care within the field.
Keywords: Medical malpractice, Sports medicine, Criminal liability, Negligence, Athlete health, Defensive medicine, Legal accountability, Medical ethics, Sports physicians
