A nurse practitioner makes a medical error in which she administers gentamycin intravenously in her clinic without checking any lab work. As a result, her patient loses hearing. Why is this considered a civil case rather than a criminal case?

Choice A reason: The power of nursing boards is unrelated to the classification of legal cases. Boards regulate licensure and professional conduct but do not determine whether a case is civil or criminal. Choice B reason: The quality of legal representation does not determine the nature of the case. Civil versus criminal classification is based on the nature of the act and intent, not legal defense. Choice C reason: Civil cases typically involve negligence or failure to meet a standard of care without malicious intent. In this scenario, the NP made a voluntary error but lacked criminal intent, making it a matter of civil liability rather than criminal prosecution. Choice D reason: Criminal charges are brought by the state, not the patient. While a patient may choose not to pursue civil damages, dropping criminal charges is not within their authority. The classification depends on the nature of the act.