Can Misdiagnosis Affect Your Medical License In New York?

If you face accusations of misdiagnosing a patient or delaying diagnosis, please read on, then contact one of our experienced New York physician defense lawyers to learn if a misdiagnosis can affect your medical license in New York State.

Does a misdiagnosis have any bearing on your New York medical license?

When a physician fails to diagnose, or inaccurately diagnoses a medical condition, this is known as “misdiagnosis.” In the legal field, it may also be called medical malpractice. The umbrella to this legal area is personal injury law, which are civil cases, not criminal cases. However, there are some exceptions to this rule, such as cases that involve intentional acts, omissions or instances of criminal behavior.

That being said, in order to place your New York medical license in jeopardy, your alleged misdiagnosis must have been so egregious that it constitutes misconduct.

Besides medical license revocation, are there any other penalties for misdiagnosis in New York?

As alluded to above, misdiagnosing a patient can land a doctor or other medical professional in legal hot water, not the least of which is the issuance of a personal injury lawsuit against them. Nonetheless, a misdiagnosis is not inherently negligent or criminal. Even the most experienced and knowledgeable medical professionals can make an honest mistake, which – at last reckoning – does not automatically qualify as misconduct.

For the alleged misdiagnosis to rise to the level of misconduct, the plaintiff and/or professional governing bodies (such as OPMC or OPD) must establish the following:

  • Duty: A doctor-patient relationship existed and the doctor, therefore, had a duty to act as a reasonably competent doctor.
  • Breach: To show a breach of duty, the plaintiff will have to prove that a different reasonably competent doctor would have been able to diagnose the illness or condition properly.
  • Causation: The doctor may have misdiagnosed the patient, but if the patient came to harm by some other means, the doctor’s misdiagnosis is not the cause.
  • Damages: The doctor may have misdiagnosed the patient, but if the patient did not come to any harm, the patient is not entitled to damages because of the misdiagnosis.

Though this may seem like too much of a burden for the plaintiff to overcome, your medical career could be irreparably harmed by an accusation alone. Even if the patient did not suffer damages as a result of the doctor’s misdiagnosis, few patients will want to seek help from a doctor who allegedly misdiagnosed a previous patient. That is why you should reach out to our firm immediately.

Contact our experienced New York City firm

When a medical professional is accused of misconduct, they must retain strong legal representation. If you require a medical law attorney for your legal matters, call Paul E. Walker, an experienced New York City OPMC & OPD Lawyer. Please contact the Walker Medical Law firm to set up a free initial consultation.