Criminal Cases

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In this blog I’ll be reviewing criminal cases, and the role Barber Medical Legal Nurse Consulting, LLC has in leveraging a successful outcome.

It is important to understand what is legally considered a crime.  A crime is any act that society considers contrary to the public good.  To be considered a crime, the act must cause harm to society.

Secondly, it is important to understand the differences between civil and criminal cases.

Civil cases involve actions that are personal in nature, causing individual harm, personal injury or property damage, and result in monetary damages.  Civil cases require proof by a preponderance of evidence. A civil verdict requires a majority of the jury to agree.

Criminal cases involve actions against society as a whole, violating the peace of the community.  This could involve homicide, assault, rape, or abuse among other things.  Criminal cases require proof beyond a reasonable doubt. A criminal verdict must be unanimous. 

Some actions can be both civil and criminal in nature. 

When Barber Medical Legal Nurse Consulting, LLC teams with a legal firm on a criminal case, we consider the elements of a crime in developing our report.  For example, the act committed, and the criminal intent.  We evaluate causation – did the act cause harm? We assess the extent of injuries, presence of any pre-existing conditions, the long-term prognosis, and develop a life care plan if needed.

Examples of criminal cases Barber Medical Legal Nurse Consulting, LLC evaluates: DWI and DUI, sexual and physical assault, child, spouse, or elderly abuse, criminal cases against individual providers and facilities, criminal environmental, any case involving a victim of a violent crime, psychiatric defenses, psychiatric issues, Medicaid, and Medicare fraud and abuse, possession of narcotics, and excessive use of force by law enforcement.

P.S. Comment and share your experience with criminal cases.  How has the element of causation influenced your case outcomes?