Public Health Law Map - Beta 5 - Medical and Public Health Law Site

seized.” [U.S.C.S. Const. amend. IV (1998).]
Due Process of Law and Just Compensation Clauses
“No person shall be held to answer for a capital, or otherwise infamous crime, unless
on a presentment or indictment of a Grand Jury, except in cases arising in the land or
naval forces, or in the Militia, when in actual service in time of War or public
danger; nor shall any person be subject for the same offence to be twice put in
jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or property, without due process of
law; nor shall private property be taken for public use, without just compensation.”
[U.S.C.S. Const. amend. V (1998).]
Rights of the Accused
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public
trial, by an impartial jury of the State and district wherein the crime shall have been
committed, which district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process for obtaining witnesses in his
favor, and to have the Assistance of Counsel for his defense.” [U.S.C.S. Const.
amend. VI (1998).]
Bail-Punishment
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.” [U.S.C.S. Const. amend. VIII (1998).]
3. The Special Stigma of Criminal Prosecution
Most medical care practitioners’ experience with litigation is limited to civil
litigation. Although most medical care practitioners have not been personally sued
for medical malpractice, all know someone who has been. Traumatic as this litigation
can be for a medical care practitioner, criminal prosecution is much worse. The first
shock is that medical care practitioners are not insured against criminal prosecution
and must pay all defense costs and any bail from their own pockets. This can amount
to tens to hundreds of thousands of dollars, much of which must be paid up front.
Although a truly indigent defendant is entitled to a court- appointed attorney, few
medical care practitioners fall into this category. Unfortunately, the chances of
successfully defending a criminal case is closely related to how much money the
defendant can put into the case. If the defendant is found not guilty, there is only an
extremely limited right to reimbursement for the defense costs. As one criminal law
professor aptly put it, “You can beat the rap, but you cannot beat the ride.”
The publicity can be devastating to a legitimate business or a professional, even if the
jury finds them not guilty. For medical care practitioners and other providers,
conviction of a crime related to a federal health program means that the defendant
cannot participate in federal programs such as Medicare and cannot work for an
entity that does participate. This will put a hospital out of business and can make
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