Criminal liability for a professional act by a physician is distinct and separate from civil liability. A crime is a wrong of a public nature possessing elements of an offense which affects the public as a whole and not merely the person whose rights of property or person have been invaded. In a criminal suit, the state acts as the plaintiff, representing the people of the state as a whole.

Physician conduct may give rise to both a civil and criminal cause of action. For example, a physician who has injured a patient by treatment without consent may be subject to civil liability for the tort of assault and battery, and subject to criminal liability for the crime of assault.