Asked in Health Care Law and Medical Malpractice for New York

Q: I need to appeal to a decided case. The doctor is negligent bcs he didnt provide reasonable advice to ptf’s wound.

I need to appeal to a medical negligence case. The court held that the doctor was negligent because he did not provide reasonable advice to the plaintiff to ensure that the wound was properly taken care of and failed to ensure that the appropriate and reasonable advice was given to him. Also, when the plaintiff was unable to attend the hospital for further treatment due to his financial difficulties, the doctor only continued to have discussions with the plaintiff through WhatsApp messages alone and by way of pictures of the wound shared through the said mobile application. How to appeal to this case?

1 Lawyer Answer
Jonathan R. Ratchik
Jonathan R. Ratchik
  • Medical Malpractice Lawyer
  • New York, NY
  • Licensed in New York

A: Your question is unclear. If you are looking for a medical malpractice attorney or an appellate attorney, you can find many such attorneys using the Find a Lawyer tab on the JUSTIA homepage. From your description, it sounds like the court ruled in your favor. Keep in mind that in a malpractice action, you need to demonstrate 1) that the physician's treatment departed from the accepted standard of care; and 2) that such a departure was a substantial factor in causing you harm. One without the other is not a case. So even if the doctor's treatment fell below the standard of care, if it did not cause you any harm, it's not malpractice. No harm = no foul.

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