Can I Sue an Intoxicated Doctor for an Injury in New York City?

doctor performing surgery

There are few things more frustrating than trusting a doctor with your health, only to find he or she betrayed your trust through an act of negligence, recklessness, or malpractice. Serious mistakes can occur in just about any medical situation, ranging from routine checkups to serious surgeries. One thing we’d never expect is for our doctor to be intoxicated via drugs or alcohol, but unfortunately, this is something that happens more often than you may think. If you believe you’ve been harmed by a doctor who was under the influence, our New York City medical malpractice attorney is here to help. Please continue reading and reach out to Mark Bodner, P.C. to learn more about these cases and what we can do for you. Here are some of the questions you may have:

Do I have a valid claim against an intoxicated doctor?

Any doctor who makes the decision to abuse drugs or alcohol, especially while on the clock, is irresponsible and has no business treating patients who need a sober, clear-minded physician. Unfortunately, many doctors do have substance abuse issues, and though this does not necessarily make them bad people, they absolutely should not be putting the health of others in their hands. If you were harmed by a physician who was under the influence of drugs or alcohol and you were harmed as a result, you should have a valid claim against the physician in question. However, you’ll need to prove that the error occurred during work hours, was noticeable, and impaired your doctor’s ability to uphold the standard of medical care. As long as we can prove your doctor was intoxicated and this was the primary cause of your injury (whether your doctor is a habitual drug or alcohol user or not) we should have grounds for a valid medical malpractice claim.

How long do I have to file my NY medical malpractice claim?

In New York State, victims of medical malpractice are granted two and a half years from the date of the incident to file a medical malpractice claim against their physician. If you want longer than 2.5 years, you’ll likely lose your right to sue.

If you would like to learn more about whether you have a valid case or you want to speak with a medical malpractice attorney, simply reach out to Mark Bodner, P.C. today.


At Mark L. Bodner, P.C., we are committed to guiding clients through each step of the medical malpractice and personal injury claims process.聽Contact聽us聽today.