What Does Not Constitute Medical Malpractice?

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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:

  1. You were a patient under the care of a certain medical professional, who therefore owed you a duty of care.
  2. 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).
  3. A medical professional’s breach in their duty of care ultimately caused you to incur additional harm or injuries.
  4. 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.