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Medical Malpractice
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Medical malpractice is a form of negligence where an injury results from the failure of a medical professional or medical facility (doctor, nurse, medical technician, psychiatrist hospital, dentist, or other health care provider) to use adequate levels of care, skill or diligence in the performance of his or her professional's duties, which causes injury. In New York, a doctor's conduct is measured by the "reasonably prudent doctor" standard. The proper evaluation of this standard is sometimes complemented by the application of the "best judgment" doctrine. The law requires that a doctor use his best judgment and do what he thinks is best after careful examination. His implied contract with his patient does not guarantee a good result, but he promises by implication to use the skill and learning he has acquired (at least that of the average physician) to exercise reasonable care and to exert his best judgment in the effort to bring about a good result. Nestorowich v. Ricotta, 97 N.Y.2d 393 (2002). Of course, his best judgment must be exercised to improve the plaintiff's condition, not his own statistics or finances! In the case of a doctor who is a medical specialist, the standard of care is determined by the standard of good medical practice in that specialty within the community.
It is important to remember that the duty of a medical professional is not the duty to cure, or even to guarantee a good outcome from treatment. Medical malpractice does not occur every time medical treatment is not successful. Rather, the duty is to provide good medical care according to accepted standards in the community, or, in the case of a specialist, accepted standards in that medical specialty. Medicine is not an exact science, and doctors are not required to be right every time they make a diagnosis. A misdiagnosis can be arrived at even when all proper tests are performed accurately or evaluated by a skilled doctor with the utmost care. A misdiagnosis becomes malpractice, however, if the doctor fails to get a medical history, order the appropriate tests, or recognize observable symptoms of the illness.
If you or a loved one has been injured as a result of possible medical malpractice, call Law Offices of Kerner & Kerner, P.C. now at 212-964-1098 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.
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