A bad medical outcome does not always mean a malpractice case. Some situations involve careless treatment. However, some cases involve fraud or abuse. While both medical malpractice and misconduct are forms of negligence, it is important to know how to differentiate them.
Major differences between medical malpractice and misconduct
Medical malpractice refers to cases when health care providers fail to provide their patients with proper and sufficient care, potentially causing them harm or even death. In other words, it is professional negligence – a departure from the acceptable standard of care that causes injury. In New York, people typically have a deadline of two years and six months to file medical malpractice lawsuits. Major examples include:
- Forgetting a patient’s allergies or medical history
- Performing the wrong procedure, or doing surgery on the wrong body part or patient
- Failing to diagnose serious conditions when a competent health care provider can do so in the same situation
- Prescribing the wrong medicine or dosages that are either unsafe or ineffective
Medical misconduct involves health care providers breaching their professional standards. This refers to intentional wrongdoings and unethical behavior that medical practitioners may engage in to take advantage of their patients. With this in mind, some common examples of medical misconduct include:
- Willfully committing health care fraud
- Deliberate lack of informed consent by refusing to mention risks, side effects and alternative procedures
- Sexually abusing or exploiting people under their care
- Prescribing increased doses of medicine for personal gain, even if it comes at a patient’s expense
- Performing the wrong or unnecessary procedures for profit
Despite their differences, the two concepts share many similarities. For example, both malpractice and misconduct refer to health care providers failing in their duty of care to their patients. Though both are forms of negligence, what ultimately differentiates the two is the intent.
What should someone do if they suspect medical malpractice or misconduct in New York?
If a person suffers an injury or worsening symptoms as a result of their treatment, they may request their health care provider for their complete medical records. Afterwards, they can track their symptoms and gather proof of damages such as lost wages and medical bills. Similarly, if one suspects medical misconduct, such as unnecessary procedures or sexual abuse, they may file a complaint with the New York State Office of Professional Medical Conduct.
Many people find it difficult to make sense of the complex laws concerning medical malpractice and misconduct, prompting them to hire attorneys for assistance. With the guidance of legal professionals, people can determine whether or not they are victims of the negligence of their health care providers.