New York Personal Injury Lawyer Q&A

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Doctor Negligence Prescribed Medication - Malpractice

From: James
Category: Medical Malpractice


Over the past few months the Dr I am seeing has changed my prescriptions with out seeing me or calling about the changes. I am being treated as a type 2 diabetic and he has changed medication and prescribed insulin with out seeing me or calling. At my last appointment he asked who prescribed insulin and I told him it was under his name and he made the statement " I need to read what my nurse gives me to sign more carefully". Do I have a case?

Re: Doctor Negligence Prescribed Medication - Malpractice

From: Paul Ajlouny, Esq.
Category: Medical Malpractice


In order to prevail in any negligence lawsuit, including a medical malpractice lawsuit, you must prove not only that the defendant did something wrong but, that the wrongdoing caused you harm. In order to prevail in a medical malpractice claim in New York, you must prove that the defendant departed from the standard of good and accepted medical practice, as it existed at the time of the departure and, that the departure caused you harm. It is unclear from your question what, if any, harm the doctor's actions have caused to you. It is also impossible to evaluate whether there was any malpractice in the first instance from the limited information provided. As always, should you wish to discuss this matter in further detail, please feel free to contact me directly. Also, please remember that the foregoing is not intended as specific legal advice. It is merely an overview of some of the relevant aspects of New York personal injury and medical malpractice law. It is not intended and should not be relied upon to create an attorney client relationship and should not be acted upon without further consultation with myself or another licensed attorney. Regards: Paul Ajlouny, Esq.  

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Last changed: 07/18/19