Notably, the Americans with Disabilities Act (ADA) holds that an individual must not be denied access to a medical license simply due to their mental health diagnosis. However, this is so long as an individual can treat and manage their issues effectively. With that being said, please follow along to find out whether a doctor’s mental health issues could affect their practice and subsequently cause your injury and how a proficient New York City medical malpractice attorney at Mark L. Bodner, P.C. can help you recover from such an event.
Can my doctor’s mental health issues cause my injury?
Your doctor has a duty of care in practicing medicine competently and ethically at all times. This standard applies whether or not they are actively struggling with a mental health issue. If they are, they must reach out to their employer and their fellow colleagues so that they may assist them in providing you with the utmost care. What’s more, they should actively participate in therapy sessions with a mental health professional and take prescription medications as directed. This is because, if they fail to treat and manage their mental health issue, they may fail to treat you carefully. Ultimately, this may cause you to incur serious bodily injuries or illnesses and subsequent damages. More specific examples of this possibility read as follows:
- Your doctor may fail to focus when prescribing your medications and order the wrong type or dosage.
- Your doctor may fail to perform your surgical procedure successfully and leave surgical instruments in your body.
- Your doctor may fail to attend or pay attention during your important appointments and delay your medical diagnosis.
- Your doctor may fail to concentrate when evaluating the results of your medical tests and give you the wrong medical diagnosis.
What should I do if I am made the victim of a medical error?
Unfortunately, your doctor’s unmanaged mental health issue may have affected their practice and subsequently caused them to make a mistake. So, if you have been made the victim of such a mistake, you may file a complaint with the New York State Department of Health’s Office of Professional Medicine (OPMC). The Board may temporarily suspend your doctor’s medical license until they get their mental health in check so that they do not harm any other patients. But if you require financial compensation after your incurred injury or illness and its subsequent damages, you may also file a medical malpractice lawsuit against them.
This blog is just the tip of the iceberg when it comes to medical malpractice laws in New York State. So for more information, please reach out to a talented New York City medical malpractice attorney from Mark L. Bodner, P.C. today.