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 a case as civil or criminal. Boards regulate licensure and professional conduct but do not determine legal case types. Choice B reason: Hiring a good attorney may influence the outcome of a case but does not determine whether it is civil or criminal. The nature of the act and intent are the key factors. Choice C reason: Civil cases typically involve negligence or malpractice where harm results from a lack of due care, not criminal intent. Since the NP did not act with malice or intent to harm, the case is classified as civil, focusing on compensation rather than punishment. Choice D reason: Criminal charges are filed by the state, not the patient. A patient cannot “drop” criminal charges. The classification depends on the nature of the act, not the victim’s decision.