Medical Malpractice Lawyers in New York

In April this year, the Federation of State Medical Boards issued a report for 2007. There are over 65,000 physicians practicing in New York, and of those, 1,400 (about two percent) were monitored for:

• Drug or alcohol abuse;
• Mental health concerns; or
• Professional conduct

Because of previous medical mistakes or patient complaints, about 60 percent of those 1,400 were placed on a watch list for monitoring their professional conduct. The other 40 percent were in New York’s physicians impairment program because of mental health problems, substance abuse, or a behavior or anger management issue.

Doctors are monitored for either three of five years, depending on what the problem is.

• There may be another specialist present when the doctor performs certain procedures
• Monitors may appear unannounced to review records or visit the doctor
• There may be a chaperone with the doctor if sexual abuse is the problem
• For those doctors with substance abuse problems, there are “therapy monitors” who make sure the doctor is staying with their recovery plan and are in a fit state to practice medicine.

New York has a higher percentage of doctors being monitored or treated than many other states. But it also has a lower standard of proof for backing up complaints and taking action against the doctors. Some states such as Florida and Virginia require clear and convincing evidence. But New York requires only a preponderance of evidence.

That would make it hard to compare New York’s physician behavior with that of doctors in other states, as a “preponderance of evidence” is easier to establish than “clear and convincing evidence”.

Some cases not available to the public

Most cases of a doctor having a drug or alcohol abuse problem remain confidential and inaccessible to the public. So there is no way for a patient to learn whether his or her doctor has such a problem.

Physicians would prefer that those cases are not open to the public, because that would discourage doctors from going for treatment. On the other side of the controversy, Blair Horner, the legislative director of the New York Public Interest Research Group, has argued that patients should be able to discover such information about their doctors, since there could be unacceptable risk, even a life-threatening risk, for someone who has a doctor with behavioral or substance abuse problems.

If your physician has had any legal action taken against him or her, you can read about it at New York state’s Physician Profile website. If you have been inappropriately treated by your doctor, or abused in any way, you may have a valid claim for medical malpractice. Please contact us to schedule a free consultation.