Civil Law:

• A dispute between two parties.
• Burden of proof is based on a "preponderance of evidence".
• Punishment is monetary without threat for incarceration. 

Criminal Law:

• Government or state brings action against an individual/ entity accused of wrongdoing.
• Burdern of proof is "beyond a reasonable doubt".
• Punishment is incarceration or fines. 

Negligence - There are 4 elements. 

• Duty: The physician had a duty to act. Easily established in most cases in the ED via EMTALA. Some less clear cut cases are below:
• Telephone advice establishes a duty to patient as well. 
• Physician advice given in an informal setting like at a party. 
• Duty to known third party (Tarasoff Case)
• Duty to unknown thirdy party (know your mandatory reporting rules for your state)
• Breach: The physician breached the duty toward the patient by falling below the standard of care. 
• Standard of care is what a doctor of like or similar training would do in like or similar circumstances. 
• Does not require perfect care or even high quality care. 
• Proximate Cause: Plaintiff must prove that physician's actions led to damages. 
• Damages: The negligence of the defendant was a proximate cause of the injury and damages to the plaintiff. 
• Economic: objective and measurable - medical bills, lost earnings and wages. 
• Non-economic: subjective - pain and suffering.