.app { display: none; }

New York Personal Injury Lawyers

We Speak Español &

Doctor’s relationship with patient leads to medical malpractice

By Dansker & Aspromonte

Related Posts

July 20, 2024

Was your child injured playing school sports?

Categories

The term “medical malpractice” usually brings to mind doctor or hospital negligence, errors in treatment, anesthesia or surgery, or some element of worsened medical condition. A key aspect of the legal concept is injury to the patient, and that injury is often physical. However, the scope of medical malpractice may be broader in certain circumstances.

The New York Court of Appeals is tackling the issue of what constitutes medical malpractice. In the case, a doctor from Long Island had a nine-month affair with a patient. The patient sued the doctor for her mental distress and economic loss. She had gone to the doctor for care for panic attacks and depression, and the affair began after the patient had been in treatment for 18 months. In the lower court, a jury found that the doctor was 75 percent liable for the patient’s injuries, and awarded her $416,500 in damages.

For a free legal consultation, call (212) 732-2929

What constitutes medical malpractice varies from state to state. In most states, there must be a doctor-patient relationship such that the doctor owes a certain duty of care to the patient. The mistakes by the doctor are judged according to the degree of skill and care that a reasonably competent doctor would use in similar circumstances.

Many factors are taken into account regarding the circumstances, including the facilities and resources available at the time and in that geographic area and any extraordinary aspects of the situation. Experts are often used to assist in establishing the required standard of care. Additionally, there must be a connection between the doctor error or negligence and the patient’s injury.

Click to contact our personal injury lawyers today

If you, or a loved one, believes that you are experiencing signs of a worsening condition following a medical treatment, it is recommended that you contact an attorney who understands medical malpractice. He or she can review the circumstances behind your claim and determine if you have any legal recourse available.

Source: LongIslandPress.com, “Court Weighs Affair as Medical Malpractice,” Oct. 17, 2012

Call or text (212) 732-2929 or complete a Free Case Evaluation form

Let Our Team Handle Your Case with Confidence

Contact Our Team Today

Proven Record of Success

Dansker & Aspromonte Associates LLP has been advocating for the rights of the injured since 1986. We have the tools, resources, knowledge, and commitment to get you the best possible outcome.

Providing Answers & Solutions

Our team is committed to always being able to provide you with updates on your case and answers to your questions. This is your case and we want to be sure you are confident every step of the way.

Small Firm Dedication & Focus

Our firm is different from most firms in our area in that we are a “boutique” type firm that is small enough to give personal attention to our clients and yet experienced and powerful with a reputation as a hard-hitting litigation firm.

Innovative Legal Strategies

Each client that comes to our team gets a managing partner and trial partner dedicated to their case. We put our collective 100 years of experience behind your case to obtain the best possible outcome on your behalf.