What if I Was Injured Because My Doctor Was Intoxicated?

doctor drinking coffee

When you turn to your doctor for health care, the last thing you may expect is to incur further injuries. Though rare, there have been reported instances of doctors being under the influence of drugs or alcohol while practicing. This can feel like a betrayal, so you cannot stand idly by if you experience this. 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.

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 absolute in connecting your injuries to your doctor’s intoxication before filing a complaint.

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. This is so long as you can prove the following as true:

  1. You were a patient of the doctor in question, and they owed you a certain duty of care.
  2. Your doctor was under the influence of drugs or alcohol while they were on the clock.
  3. Your doctor’s intoxication was noticeable to you and other bystanders while they were practicing.
  4. Your doctor’s intoxication impaired their ability to uphold the standard of medical care set forth by their peers.
  5. Your doctor’s intoxication was a breach of their duty of care and was the primary cause of your injury.

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.