It is frustrating to have a less-than-pleasant healthcare experience with a medical professional. With this, you may seek out justice for your situation and have the medical professional be officially reprimanded through a legal claim. But unfortunately, a bad personal experience may not always equate to medical malpractice. Read on to discover what does and does not constitute a claim and how a seasoned New York City medical malpractice attorney at Mark L. Bodner, P.C. can step in when needed.
What instances do not constitute medical malpractice?
To reiterate, you cannot file a medical malpractice complaint with the New York court simply because you are upset or unhappy with the healthcare experience that a medical professional provided. In other words, if a medical professional did not exhibit any negligent behaviors and actions, then you likely do not have a viable legal case. More specific examples as to what does not constitute a medical malpractice event are as follows:
- You experienced an adverse reaction or otherwise had an unwanted outcome with a certain treatment or procedure, yet a medical professional thoroughly warned you of the potential risks and results beforehand.
- Your health condition was incurable or had no viable treatments available, yet a medical professional accurately diagnosed it from very early on in their care.
- You perceived a medical professional’s poor bedside manners as being treated as unimportant, yet they still performed at the standard of care.
- Your health condition had significantly declined under the care of a medical professional, yet they never committed any medical errors.
What elements do I need to have a valid medical malpractice claim?
Generally speaking, you may have a valid medical malpractice claim if you incurred an injury during a surgical procedure; received a delayed diagnosis or misdiagnosis; received the wrong type or dosage of prescription medication; or otherwise. Overall, to constitute legal action, you must prove a medical professional’s negligence. More specifically, you must prove the following elements as true:
- You were a patient under the care of a certain medical professional, who therefore owed you a duty of care.
- A medical professional’s behaviors or actions were different from how an average medical professional would have reacted in a similar situation (i.e., they fell below the standard of care established by their peers).
- A medical professional’s breach in their duty of care ultimately caused you to incur additional harm or injuries.
- Your incurred, additional harm or injuries resulted in damages that temporarily or permanently impacted your life.
Even if you just have a gut feeling that you have a legitimate claim, it is best if you first consult with a competent New York City medical malpractice attorney. So please contact us at Mark L. Bodner, P.C. today.