Tort Law Versus Criminal Law in Pennsylvania

Many people use the terms "civil case" and "criminal case" interchangeably, but tort law and criminal law serve very different purposes inside the legal system. Although the same act may sometimes result in both civil liability and criminal prosecution, the goals, procedures, burdens of proof, and likely outcomes differ.

Understanding the difference between tort law and criminal law is particularly important in cases involving medical malpractice, professional negligence, wrongful death, and catastrophic injuries. In Pennsylvania, these distinctions can greatly affect how claims are investigated, litigated, and resolved.

What Is Tort Law?

Tort law is a branch of civil law that allows injured individuals to seek compensation for harm caused by another person or entity. The primary purpose of tort law is not to punish wrongdoing, but rather to compensate victims for losses they suffered because of another party’s conduct.

Common types of tort cases in Pennsylvania include:

• Medical malpractice
• Car accidents
• Truck accidents
• Slip and fall injuries
• Product liability
• Nursing home negligence
• Wrongful death
• Workplace injuries
• Professional negligence

In a tort case, the injured party, or plaintiff, files a lawsuit seeking monetary damages from the defendant. Potential damages may include:

• Medical expenses
• Lost wages
• Pain and suffering
• Emotional distress
• Future care costs
• Loss of earning capacity
• Wrongful death damages

What Is Criminal Law?

Criminal law includes offenses against the state or society as a whole. Instead of compensating victims, criminal prosecutions are intended to punish unlawful conduct, impede future crimes, and protect public safety.

In Pennsylvania criminal cases, prosecutors bring charges on behalf of the Commonwealth, not the victim. Criminal offenses may include:

• Assault
• Homicide
• Fraud
• Theft
• Drug offenses
• Sexual assault
• Reckless endangerment
• Healthcare fraud

Penalties in criminal cases may include:

• Prison time
• Probation
• Fines
• Restitution
• Community supervision

Unlike tort claims, criminal convictions can result in the loss of liberty.

What Are The Burdens Of Proof In Civil And Criminal Cases?

In Pennsylvania, civil tort cases are generally decided under the “preponderance of the evidence” standard. This means the plaintiff must show it is more likely than not that the defendant’s conduct caused the injury.

Criminal prosecutions, however, require proof “beyond a reasonable doubt,” which is a much higher legal standard.

This distinction helps explain why conduct may lead to civil liability even when criminal charges are never filed, or when a defendant is acquitted in criminal court.

For example, in Pennsylvania, a physician’s conduct may support a medical malpractice lawsuit even if prosecutors determine the evidence does not meet the much higher threshold necessary for criminal negligence charges.

What Is Pennsylvania’s MCARE Act?

Many medical tort claims in Pennsylvania are governed by the Medical Care Availability and Reduction of Error (MCARE) Act. The MCARE Act strongly influences how medical malpractice litigation operates in the state and distinguishes these civil claims from criminal prosecutions involving healthcare providers.

Medical malpractice plaintiffs in Pennsylvania generally must present qualified expert testimony establishing that a healthcare provider deviated from accepted medical standards and caused injury.

These procedural requirements are unique to civil malpractice litigation and differ substantially from the standards prosecutors must meet in criminal healthcare cases.

Can the Same Conduct Lead to Both Civil and Criminal Cases?

Yes. In some situations, the same conduct can trigger both tort liability and criminal prosecution. However, the civil and criminal cases remain separate proceedings with different goals and legal standards.

For example, if a drunk driver causes a fatal crash in Pennsylvania, the Commonwealth may file criminal charges such as DUI or homicide by vehicle, and the injured victim or surviving family members may also file a civil wrongful death or personal injury lawsuit

Even if the driver is acquitted criminally, civil liability may still exist because the burden of proof is lower in civil court.

Why the Distinction Matters in Medical Cases

The distinction between tort law and criminal law becomes especially important in healthcare litigation.

Most medical errors, even serious ones, do not result in criminal charges. Instead, they are handled through Pennsylvania’s civil malpractice system.

To establish criminal liability against a healthcare provider, prosecutors generally must prove far more than ordinary negligence. The conduct usually must involve recklessness, intentional wrongdoing, fraud, or criminal disregard for patient safety.

By contrast, civil medical malpractice claims focus on whether the provider failed to meet accepted standards of medical care.

This distinction often causes confusion among patients and families who believe a devastating medical error should automatically result in criminal prosecution.

Contact A Pennsylvania Medical Malpractice Attorney

Understanding the difference between tort law and criminal law can help injured individuals better understand their legal rights after serious accidents, medical errors, or wrongful conduct.

While criminal prosecution may punish unlawful behavior, civil tort law allows victims and families to pursue compensation for the harm they suffered.

Ross Feller Casey has recovered more than $3.5 billion for clients in medical malpractice and catastrophic injury cases throughout Pennsylvania. The firm represents individuals and families in complex, high-stakes litigation involving serious injuries, wrongful death, and medical negligence.

Contact Ross Feller Casey today for a free consultation to discuss your potential claim.