Is Bad Medical Advice Considered Malpractice?

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When your health condition is threatening, you may be desperate to get your hands on any medical advice that may help you. In this dire state, you may place a lot of trust in all the medical professionals who treat or check in on you. But, most unfortunately, some of these medical professionals may steer you wrong. Or, they may offer conflicting recommendations and you ultimately pursue the wrong path. If you have endured a series of circumstances like this, then please follow along to find out whether giving bad medical advice is an act of malpractice and how a proficient New York City medical malpractice attorney at Mark L. Bodner, P.C. can help solidify your case.

Is bad medical advice considered a form of medical malpractice?

Essentially, bad medical advice is considered a form of medical malpractice if it was given to you by a primary care physician with whom you have a pre-existing relationship. This is because, with a physician-patient relationship established, a duty of care is established. Meaning that your physician owes you a duty of care in offering you clear, helpful medical advice that works in your best interest. Otherwise, bad medical advice may fall under a clause known as negligence per se. That is, they should not advise on how to treat your health condition if it goes beyond their field of expertise and what they are licensed to handle. Rather, the right action would be to refer you to a specialist who may offer more knowledgeable advice.

With this in mind, it is worth mentioning that you may be unable to accuse a medical professional of malpractice if they give you “off-the-cuff” advice. Or, if you take the advice of a well-meaning but evidently underqualified nurse, technician, or staff member at the healthcare facility.

What do I need to prove my given advice was malpractice?

For your medical malpractice claim, you must prove that the defendant who gave you bad medical advice was your primary care physician. This may be established through your written prescriptions, patient records, and bills from the healthcare facility. But you must also prove the following elements as true and relevant to your case:

  • You must prove that the defendant breached their duty of care by advising beyond the bounds of their practice area or medical license.
  • You must prove that the defendant breached their duty of care by not disclosing the potential consequences of following their advisement.
  • You must prove that the defendant’s advisement caused you to incur illnesses or injuries more seriously than what you initially sought treatment for.
  • You must prove that your incurred illnesses or injuries have left you with significant economic and non-economic damages.

If you still have lingering doubts about how to proceed forward, then please consult with a talented New York City medical malpractice attorney. Our team at Mark L. Bodner, P.C. will point you in the right direction.