Negligent medical care is not limited to missed diagnoses or negligently performed surgeries but can present in a variety of ways. At the heart of each medical malpractice claim, however, is the allegation that the defendant medical care provider departed from the accepted standard of care.
Recently, a New York court addressed the novel issue of whether a defendant doctor deviated from the accepted standard of care by continuing to practice medicine despite his cognitive decline. If you sustained injuries due to inadequate or inappropriate medical care, you should consult a seasoned Syracuse medical malpractice attorney to discuss the facts of your case and whether you may be able to pursue damages.
The Defendant’s Treatment of Plaintiff
Allegedly, the plaintiff, who is intellectually disabled, visited the defendant doctor to obtain results of blood and urine tests. While the plaintiff was in the examining room, the defendant doctor exposed himself and committed a sexual act in front of the plaintiff. The plaintiff subsequently filed a lawsuit against the defendant doctor and his practice alleging, among other claims, medical malpractice. Following a trial, a jury found that the defendant doctor departed from the accepted standard of care due to the fact that he continued to practice medicine despite his cognitive disability. The defendant doctor appealed, arguing that his actions did not constitute “medical treatment” because they were not related to the essential elements of diagnosis and treatment.