Medical Misconduct vs Medical Malpractice: What is the Difference in New York City?
When a patient is injured by a trusted doctor or medical team, they may not know where to turn to report the negligent conduct of the medical professional to prevent future harm to other patients, and to get justice for their injuries and losses sustained at the doctor or medical team’s hands. In New York City, patients who have been injured by their doctor or medical team have the right and option to file a medical malpractice lawsuit in civil court seeking compensation for their injuries and losses caused by the doctor’s negligent treatment. In addition, patients who have been injured by their doctor or medical team can make a complaint of medical misconduct with the New York State Office of Professional Medical Conduct. But what is the practical difference between these two options, and what is the difference between “medical misconduct” and “medical malpractice”? To help patients who have been injured at the hands of their doctor or medical team better understand medical malpractice and medical misconduct in New York City, we answer those questions here.
Medical Misconduct in New York City – What is It?
According to the New York State Office of Professional Medical Conduct, medical misconduct includes, “practicing fraudulently, practicing with gross incompetence or gross negligence; practicing while impaired by alcohol, drugs, physical or mental disability; being convicted of a crime; filing a false report; guaranteeing that treatment will result in a cure; refusing to provide services because of race, creed, color or national origin; performing services not authorized by the patient; harassing, abusing or intimidating a patient; ordering excessive tests; and abandoning or neglecting a patient in need of immediate care. If an injured patient files a medical misconduct complaint, the Office of Professional Medical Conduct (“OPMC”) will investigate, and has the authority to revoke or suspend a doctor’s license.” The board can also “limit a physician’s license, issue a censure and reprimand, order education and/or retraining, levy a fine, or require community service.” The OPMC does have direct authority over a doctor’s license to practice medicine, and has the right to regulate that license, and can even take it away entirely. However, importantly, “The board cannot direct a physician to reimburse a patient, change a diagnosis or alter an opinion.”
Defining Medical Malpractice in New York City
On the other hand, medical malpractice is a civil claim under New York State personal injury laws. Medical malpractice occurs when a doctor or other healthcare professional fails to meet the applicable standard of care in treating a patient, and the patient is injured as a result of that lack of treatment. In New York City, an injured patient can bring a medical malpractice lawsuit in court against the doctor, hospital, and/or medical team that provided negligent medical treatment for money compensation for their injuries and losses. We as attorneys help represent our clients in court in presenting their case and seeking compensation for their injuries against doctors, hospitals and medical providers.
If you were injured by your trusted doctor or medical team in New York City and you are seeking justice, contact the experienced New York City medical malpractice lawyers at the law firm of Michael Gunzburg, P.C. Do not hesitate to speak to a lawyer about your case today, contact the law firm of Michael Gunzburg, P.C. and speak to an experienced medical malpractice lawyer about your rights and options to compensation now.
Source:
health.ny.gov/professionals/doctors/conduct/frequently_asked_questions.htm#misconduct
