(845) 802-0047Given how widespread smartphones and other personal electronic devices are, distraction is easier to come by in the modern world than it ever has been before. Unfortunately, even highly-trained medical professionals are not immune to this trend, and multiple stories have come out indicating that a surprising number of doctors talk on their phones or are otherwise distracted while actively providing patient care.
Distracted doctoring can serve as grounds for a Poughkeepsie medical malpractice case but only if specific legal criteria apply to your unique situation. During a confidential consultation, a qualified medical malpractice attorney could examine the circumstances that led to you getting injured, determine whether litigation might be an option worth pursuing, and work diligently on your behalf to maximize the compensation you receive for your losses.
How Distracted Doctoring Violates Medical Standards of Care
Every healthcare provider has a set of implicit “standards” they are supposed to meet with every patient. These standards are based on what kinds of actions another equally qualified and experienced physician would likely take under the same or similar circumstances. Regardless of what type of medicine they specialize in or what medical procedures they are performing, a doctor who allows themselves to become distracted while providing patient care has violated these standards.
However, the fact that a doctor was distracted during a procedure or examination cannot justify a civil lawsuit or settlement demand all by itself. In order to act as valid grounds for a malpractice claim, distracted doctoring must be the direct and primary cause of physical harm to the patient that would not have occurred if the doctor was paying attention.
For example, if a doctor’s distraction leads to them providing an incorrect prescription for a patient or failing to correctly diagnose the patient’s condition, and that patient’s condition worsens to such a degree that they require additional medical care, that doctor could be civilly liable for the costs of that additional care. A knowledgeable attorney could provide more specific guidance about how a medical malpractice case in Poughkeepsie based on distracted doctoring could potentially move forward.
Rules for Distracted Doctoring Malpractice Claims in Poughkeepsie
Whether based on distracted doctoring or any other type of misconduct by a Poughkeepsie physician, medical negligence claims are especially complicated to pursue because of the unique rules and restrictions that affect these claims but do not impact most other personal injury cases. For instance, New York Civil Practice Law & Rules § 3012-A requires lawyers representing malpractice victims to submit a “certificate of merit” alongside the initial complaint. This affirms that they either consulted with a qualified physician who agreed their case had merit or were unable to do so despite numerous good-faith attempts.
Furthermore, the deadline for filing such a claim in most situations is 30 months after the defendant doctor’s initial negligent act or after a negligent course of treatment concludes. There are only a few exceptions under specific circumstances, so contacting legal counsel sooner rather than later is often vital to achieving a positive result from a case like this.
Speak with a Poughkeepsie Attorney About Distracted Doctoring in Medical Malpractice Cases
Distracted people have higher chances of accidentally causing serious harm to others and medical professionals are unfortunately no exception. If your doctor caused your condition to worsen through this form of negligent care, civil litigation could be essential to protecting your current and future interests.
Distracted doctoring in a Poughkeepsie medical malpractice case could be much easier to handle with assistance from a capable legal professional. Call today to schedule a meeting.