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A civil wrong may be defined in statute, or it may be established by previous
court decisions. Civil lawsuits involve personal injuries, business disputes,
land deals, libel and slander, and various other commercial interests. Civil
law actions must be brought by an attorney hired by the injured party (the
plaintiff) against the alleged wrongdoer (the defendant). The parties in a
civil case may be individuals, corporations, or the state itself. Because
medical malpractice is a civil law action, physicians are frequently
preoccupied with civil law concerns. These lawsuits can be risky since the
violation of many physician duties carries criminal penalties. These are
infrequently prosecuted, but they can cost a physician his or her license and
freedom. The violation of a law will also make it virtually impossible to
defend any civil actions brought as a consequence of the violation.
The civil law is concerned with the peaceable resolution of disputes between
individuals. Physicians often ignore the importance of this peacekeeping
function. Being sued for medical malpractice is an unpleasant experience, but
it is much preferable to being gunned down in the hospital corridor by an irate
patient. This is an extreme example, but it has occurred. The civil courts are
an imperfect but essential safety valve. It has even been argued that the
delays and rituals of the process, which decrease its economic efficiency,
increase its ability to cool passions and prevent violence.
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