Understanding New York Malpractice Claims

Jacky Gale | July 9th, 2013

Reporting Medical Negligence, Misconduct

Healthcare professionals must adhere to strict protocols to ensure patient safety. Unfortunately, sometimes medical negligence or medical malpractice occurs, which can lead to serious health complications for the patient. In New York, the Office of Professional Medical Conduct (OPMC) is responsible for protecting patient safety by investigating NY malpractice claims. If you believe that you have been a victim of medical misconduct or malpractice, a qualified lawyer can help guide you through the process of filing a complaint with the OPMC.

Types of NY malpractice claims

In general, medical malpractice can be defined as the wrongful actions or inactions of a healthcare professional that leads to harm to the patient. New York State recognizes several different types of medical misconduct. Your healthcare professional could be liable for medical malpractice if he practices medicine under the influence of a mental or physical disability, drugs, or alcohol, or if he is practices fraudulently.

Filing a false report, a criminal conviction, and recommending excessive amounts of diagnostic tests are other possible grounds for misconduct. Additionally, healthcare professionals are not permitted to offer guarantees of the success of a medical treatment, nor are they allowed to administer medical treatments unless given authorization by the patient or the healthcare proxy.

Patients are legally protected from refusal of healthcare treatments on the basis of national origin, color, creed, or race. You’re also protected from intimidating behavior and harassment, and if you’re in need of immediate medical care, physicians must provide it promptly.

There is a vast array of other forms of medical negligence, so it’s best to consult an experienced medical malpractice lawyer to determine if you have a claim.

For example, you could file a claim on the basis of a prescription drug error (i.e. inaccurate dosages), or if you’re hospitalized, you could have a claim if healthcare professionals fail to monitor your condition in an appropriate manner.

Researching your physician

Before receiving medical treatments, patients have the right to check on a physician’s license. The New York State Department of Education can tell you if a healthcare professional’s license is current and where he attended medical school. You can also check with the OPMC to determine if a healthcare professional has had complaints filed against him which resulted in disciplinary actions. Additionally, you may check to see whether a physician is board-certified by visiting the website of the American Board of Medical Specialties.

Consulting a New York medical malpractice lawyer

If you believe you’re the victim of medical malpractice, contact a lawyer right away to explore your options. Your lawyer can prepare and file a complaint with the OPMC. The agency will investigate the complaint and may decide to pursue charges against the healthcare professional.

You also have the right to file a medical malpractice lawsuit against a healthcare professional for negligent or wrongful acts. When you consult a lawyer regarding a lawsuit, bring a copy of your medical records and any other documents relevant to potential NY malpractice claims.

The legal team at The Sanders Firm can explain your legal rights to you in the event of possible medical malpractice. Schedule your free consultation today by calling 1-800-FAIR-PLAY to discuss your complaint and determine if you’re eligible to file a lawsuit. There is never a fee unless we obtain compensation on your behalf.