Generally, no, an error of judgment does not typically constitute professional misconduct. An error of judgment is not malpractice.
An error of medical judgment occurs when a physician has two or more acceptable treatment option, but chooses what in hindsight turns out to be the wrong one.
Please note that the option you chose can be one that is used by a significant minority of physicians. If the proof is that this minority option is accepted, then you will not be found to have committed malpractice.
This informational blog post was brought to you by Paul E. Walker, an experienced New York City OPMC & OPD Attorney.
