Is it Medical Malpractice to Miss Appointments?

patient waiting room

You may be doing your part in trying to heal from your threatening medical condition. So it is disappointing, not to mention unacceptable, when your physician cannot even bother to attend your scheduled appointments or ordered medical examinations. Even if they are physically present, it is still not fair to you if you feel they are not mentally present or emotionally invested in your well-being. With this, you may be under the belief that they are at fault for medical malpractice. Follow along to find out whether you can sue over missed appointments and how a proficient New York City medical malpractice attorney at Mark L. Bodner, P.C. can help build your legal strategy.

Is it medical malpractice if my physician misses appointments?

Generally speaking, you may accuse your physician of medical malpractice if they continually neglect to be physically, mentally, or emotionally present at your scheduled appointments. More specifically, in your legal action, you may claim a failure to diagnose or a failure to follow up.

First of all, a failure to diagnose means that your physician neglects to get down to the root of your health issue. Evidently, they may be unable to properly diagnose your illness or injury if they do not show up to your appointment in the first place. Or, even if they do attend, they may not be mentally aware or emotionally invested enough to listen to your voiced concerns. This may ultimately cause your health issue to progress to a life-altering or life-threatening state.

On the other hand, a failure to follow up means that your physician may have attended your initial appointment or examination. However, they may have neglected to schedule further appointments to check your progress, provide ongoing updates as your lab results came in, offer an extensive treatment plan, and more. Similarly, this may ultimately cause your health issue to unnecessarily worsen.

What proof do I need for this claim?

Overall, for your medical malpractice claim, you must establish your pre-existing patient-physician relationship between you and the defendant. This may be primarily proven through your medical records, along with any evidence of your previously scheduled appointments. This is so you may establish the fact that the physician owed you a duty of care, and thereby breached it through their failure to diagnose or failure to follow up.

In addition, you may believe that your physician has missed your appointments or examinations due to a substance abuse issue or a mental health issue. With this, you may gather testimonies from other patients who may have noticed their odd behaviors, as well. Or, you may gather testimonies from their colleagues or employer, who may affirm that they have shown up to work while intoxicated on more than one occasion.

Rest assured, our team at Mark L. Bodner, P.C. has experience in handling cases just like yours. So please do not be afraid to reach out to a talented New York City medical malpractice attorney.