You may be blindsided upon having a medical malpractice lawsuit placed against you. With this, you may have to defend yourself in the presence of a civil court. What’s worse, you may have to attend a hearing in the presence of the New York Department of Health’s Office of Professional Medical Conduct (OPMC) or the Office of Professional Discipline (OPD). Read on to discover why you might be sued for medical malpractice and how one of the seasoned New York health care professional defense lawyers at Walker Medical Law can work on your behalf in building a strong legal defense.
Can I be sued for medical malpractice in New York State?
Regardless of what type of healthcare provider you may be (i.e., a doctor, nurse, physical therapist, mental health professional, pharmacist, dentist, etc.), your patient may attempt to sue you for medical malpractice in New York State. They may bring this claim forward within 2.5 years of the date on which the alleged incident occurred. And with this, they make one of the following arguments:
- A patient may argue that their illness or injury was misdiagnosed or undiagnosed while under your care.
- A patient may argue that their illness or injury was prolonged or progressively got worse while under your care.
- A patient may argue that they incurred new injuries or damages while under your care.
- A patient may argue that they were improperly billed for their treatments while under your care.
- A patient may argue that they were sexually harassed or assaulted while under your care.
- A family member of a patient may argue that their loved one experienced a wrongful death while under your care.
What should I do if I have this claim placed against me?
If you are found at fault for medical malpractice in your civil lawsuit, you may be sentenced to hefty fines and similar penalties. And if you are found guilty of medical malpractice at your OPMC or OPD hearing, then you may be facing serious disciplinary actions such as the temporary or permanent revocation of your medical license.
For this reason alone, you must not take this accusation lightly. Instead, you must provide a sufficient amount of evidence that points to the following arguments as true:
- You practiced at the standard established by your peers in the medical community when treating your patient.
- You fulfilled your duty of care when treating your patient.
- Your actions are not directly tied to the injuries and damages that a patient incurred.
You must make a valiant effort toward fighting against a medical malpractice claim. Reach out to one of the competent New York healthcare professional defense lawyers to learn how to get started on your defense.