Medical malpractice is any act or omission in treatment by doctors, hospitals, and other health care professionals that deviates from accepted standards of practice in the medical community and causes injury to a patient. It is a subset of tort law, which is a branch of civil wrongs that differs from criminal matters.
Physicians are required to have professional liability insurance to cover the cost of lawsuits alleging malpractice. Many physicians also purchase additional coverage for specific circumstances, such as an error that results in the death of a patient. In the United States, medical malpractice claims are typically filed in state courts. However, federal court jurisdiction may be appropriate if there is complete diversity of citizenship or a constitutional question is involved.
In order to win a claim for medical malpractice Doctor Misconduct Lawyer, the injured party must prove that the alleged negligence led to an injury. In most cases, this involves establishing that the healthcare provider owed the patient a legal duty of care to provide the type of medical care that another similarly qualified doctor would have provided under the same circumstances. Next, the injured party must show that the alleged breach of this duty caused an injury; the standard is referred to as “causation.”
An attorney handling a medical malpractice case will gather and review all available medical records to help determine what went wrong. They will often schedule interviews with the patient, the alleged medical professional(s), and other witnesses who can fill in the details of what actually happened. These on the record interviews are referred to as depositions, and they are taken under oath and recorded for use in the event that the medical malpractice suit goes to trial.
If the initial OPMC investigation concludes that there is enough evidence to support a medical malpractice claim, it will be referred to a hearing committee. This is a panel of two doctors and one layperson who will hear the evidence, decide whether the conduct meets the standards of malpractice and then draft formal disciplinary charges. In New York, this is a quasi-judicial proceeding and the findings could result in a number of penalties, including a reprimand, probation, suspension, license limitation or revocation.
A physician facing a disciplinary matter from OPMC will require experienced legal representation. The consequences of a malpractice charge can be devastating to the career and personal life of the physician. At Walker Medical Law, our team of medical malpractice attorneys can guide clients through this difficult process and work to protect their livelihood.
Contact us today for a free consultation with our team of expert New York malpractice lawyers. Our firm is dedicated to protecting your rights and fighting for the compensation you deserve. We serve clients in Manhattan, Long Island, Westchester, and the surrounding areas. We speak both English and Spanish, and we offer free initial consultations. You will never pay a fee unless we successfully recover damages for you. We are available 24 hours a day to answer your questions.