If you suffered injuries because your medical provider was intoxicated while administering your care, you may have grounds to pursue a medical malpractice claim in New York City. Physicians are required to provide care that meets the accepted standards, and practicing while under the influence of drugs or alcohol can constitute negligence. Continue reading to learn what you should do if you are injured because your doctor was intoxicated and how an experienced New York City medical malpractice attorney at Mark Bodner, P.C. can help you do this.
What Happens If I Was Injured Because My Doctor Was Under the Influence of Drugs or Alcohol?
Whether it is something as minor as reading a patient’s medical chart or something as major as performing surgery, a doctor must always have a clear, sober mind when they are practicing. If they do not, they can cause their patients to incur unnecessary and maybe even fatal injuries. While 6% of providers report having a substance abuse issue and 14% report abusing alcohol, when a doctor lets their issues impact their work, patients suffer as a result.
So, if you believe that you were injured because your doctor was intoxicated, then you must file a complaint with the New York Department of Health. From there, the Office of Professional Medical Conduct (OPMC) may investigate your doctor. The OPMC’s investigation will include interviews with their past and present patients and employees, and perhaps even witnesses to your incident. Based on their findings, the OPMC may revoke your doctor’s medical license, sometimes even permanently.
Obviously, this is a serious claim that carries severe repercussions. So you must be absolutely certain in connecting your injuries to your doctor’s intoxication before filing a complaint.
What the OPMC Investigation Commonly Involves
- Review of patient complaints and medical records related to your care under the provider
- Interviews with staff, colleagues, and other individuals present during the incident
- Evaluation of whether or not the treating physician violated professional standards
- Toxicology results and prior disciplinary records, if applicable
- If a breach occurred, determination of penalties, including a suspension or permanent revocation of the medical license
Do I Have a Valid Claim Against an Intoxicated Doctor in NYC?
If ou were harmed by an intoxicated physician, you may be eligible to purse a medical malpractice lawsuit against the doctor in accordance with New York law. However, it’s critical to understand that not every instance of intoxication will result in a malpractice claim. This is because you must show that your provider’s impairment directly impacted the care you received.
When Intoxicated Doctors May Face Legal Liability
- The doctor was actively treating patients while under the influence of drugs or alcohol
- Your doctor was under the influence while on the job
- The intoxication was noticeable
- The doctor failed to meet accepted medical standards as a result of their intoxication
- You suffered harm, whether it be an injury or worsened condition, as a result of the intoxication
How Do I Prove That My Doctor Was Intoxicated?
In addition to filing a complaint, you may have a valid medical malpractice claim against your negligent doctor.
Legal Elements You Must Prove
- You were a patient of the doctor in question, and they owed you a certain duty of care
- Your doctor was under the influence of drugs or alcohol while they were on the clock
- Your doctor’s intoxication was noticeable to you and other bystanders while they were practicing
- Your doctor’s intoxication impaired their ability to uphold the standard of medical care set forth by their peers
- Your doctor’s intoxication was a breach of their duty of care and was the primary cause of your injury
What Evidence Can Strengthen Your Claim?
If you believe you suffered harm as a result of an intoxicated doctor in New York City, it’s imperative to understand the role that strong evidence will play in your case. In general, you’ll find that the more quality evidence you can gather, the more likely you are to receive a favorable outcome.
Types of Evidence That May Support Your Case
- Witness statements from other individuals in the office, including staff, nurses, and other patients
- Medical records demonstrating errors, questionable decisions, and inconsistencies
- Incident reports and internal investigations
- Surveillance footage
- Expert medical testimony
How Long Do I Have to File a Medical Malpractice Claim in New York?
In New York State, victims of medical malpractice must file a claim within two and a half years from the date on which the incident occurred. This is known as the statute of limitations. Failure to file a claim within this timeframe can result in losing your right to pursue compensation for the damages you have suffered.
Contact an Experienced New York City Malpractice Attorney Today
It is also important to note that even though the doctor in question may not have a history of substance abuse does not mean that you do not have a valid medical malpractice claim to bring forward. So, if you are ready to attain justice and recover your damages, you must retain the services of a skilled New York City medical malpractice attorney today.