What Is the Difference Between Manslaughter or Injury by Mistake and Medical Negligence in Medical Crimes?

Many people ask us: "A relative died or was injured after surgery or treatment. Is that manslaughter by mistake or medical negligence, what is the difference, and what follows from each?" The short answer: negligence is, in principle, one form of "mistake" under the Penal Code, and the result decides the label: if the patient dies it is death by mistake (art. 238); if injured, injury by mistake (art. 244). Law No. 13 of 2025 on Medical Liability and Patient Protection then gave "medical error" and "gross medical error" their own provisions, penalties, safeguards and a separate technical review procedure. What decides each case is its facts and the technical expert report, not the mere occurrence of harm.

What do death by mistake, injury by mistake and medical negligence mean, and how do they differ?

Death by mistake (Penal Code art. 238) is the unintended death of a person caused by the offender's negligence, recklessness, lack of caution or failure to observe laws and regulations. Injury by mistake (art. 244) is wounding or harm caused in the same way. Both need three things: a mistake, a result (death or injury), and a causal link between them.

"Medical error" is defined in art. 1 of Law No. 13 of 2025, together with "medical complications" and "gross medical error". Gross error includes acting under intoxicants or drugs, refusing to help a patient despite being able to, or deliberately practicing outside one's specialty in non-emergency cases, provided it causes certain harm.

In short:

• The Penal Code punishes the result (death or injury) caused by anyone's mistake, doctor or not.
• The medical liability law concerns medical service providers and facilities, punishes a medical error that caused certain harm, regulates its technical review, and has its own safeguards.
• Not every harm to a patient is a medical error; it may be a known "medical complication" despite correct practice, for which the law gives no liability.

How does the problem arise and how is it examined?

Usually a death or harm follows a medical procedure (surgery, anesthesia, treatment, childbirth, emergency care), then a report or complaint is filed. The Supreme Committee for Medical Liability is the technical expert before investigators and courts (art. 18); its sub-committees report within 30 days, and the law also provides for amicable settlement. The law also provides a penalty for false complaints (art. 26). Common mistakes: leaving a report without follow-up, or waiving rights or signing without understanding.

How can I avoid trouble or limit its effect?

Patients and families: keep the full medical file (reports, scans, tests, prescriptions, consent forms) and note the facts with dates right away. Doctors and facilities: document the patient's condition, consent, procedures and instructions carefully.

Under art. 4, liability is negated where the harm is a known complication, results from an accepted scientific method, or from the patient's own fault or refusal of treatment. Agreements exempting liability for medical error are not allowed, and the provider and facility are jointly liable (art. 3).

What are my rights if I am accused or summoned for investigation?

Do not sign anything and do not give statements until a specialized lawyer is with you. This is a general warning; the details are discussed with the lawyer according to your facts.

What is the penalty in each case?

The table gives the general picture; application depends on the facts of each case:

Art. 238 increases the penalty where there are several victims. Art. 23 of the Law is without prejudice to any harsher penalty in any other law; so how the Penal Code penalties apply to doctors alongside this Law depends on the facts and on how the courts settle the point.

Besides criminal liability, the patient or heirs may have civil rights (compensation); art. 29 provides that reconciliation does not affect civil rights.

Is settlement or pardon possible, or is the sentence served in full?

Art. 29 of Law No. 13 of 2025 provides that reconciliation extinguishes the criminal case for offences under that Law and stops execution of the sentence even after the judgment becomes final, without affecting civil rights. For Penal Code offences the general rules apply, and the court may in some cases suspend execution of a sentence not exceeding one year (art. 55). This differs from case to case, so a decision to settle or waive should not rest on general advice.

A question you should know the answer to

Question: Is any harm that follows surgery or treatment considered medical negligence?

Answer: No. The harm may be a known “medical complication” despite correct practice, and liability may be negated where it results from an accepted scientific method or from the patient’s own fault or refusal of treatment, under art. 4 of Law No. 13 of 2025.

What should I do if I face a similar problem?

If you are a patient or family: keep the medical file, ask for a copy, do not waive or sign any declaration before legal advice, and expect a possible technical review by the committee. If you are a doctor or facility manager: give no statements without a lawyer, and prepare the documents showing what was done, including anything proving the harm was a known complication or an accepted scientific method. In both cases, choosing the right legal description (medical error, complication, or death/injury by mistake) changes the course of the case. More details at your visit to the office.

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This article is general information for legal awareness and does not replace legal advice on your particular situation.