Under New York law, a plaintiff alleging medical malpractice must establish that a treating medical provider breached a duty the provider owed the plaintiff. Specifically, the plaintiff must show that the medical provider deviated from accepted medical practice. In other words, a provider cannot be held liable for medical malpractice for failing to undertake acts not required by the standard of care. This was discussed in a recent case decided by a New York appellate court, in which the plaintiff alleged a physician that treated him during an involuntary confinement committed malpractice by failing to review his criminal history. If you suffered harm due to negligent medical care, it is prudent to seek the advice of a skillful Rochester medical malpractice attorney regarding whether you may have a viable claim.
Factual Background of the Case
It is alleged that in 1983 the plaintiff was indicted for multiple crimes, including burglary and sodomizing a child. He pleaded guilty to the burglary charge and was sentenced to eight to sixteen years imprisonment. He served thirteen years in prison, and during his imprisonment was admitted to a psychiatric hospital numerous times. Following his release from prison, he was retained in a state mental health facility for six years. After his eventual release, he filed multiple claims against the State, including medical malpractice.
Reportedly, the basis of the plaintiff’s medical malpractice claim was the assertion that his treatment arose out of the belief that he plead guilty to sodomy, even though he did not. He further alleged that the treatment he received based on this mistaken belief caused him to suffer anxiety and denied him certain privileges. The court entered a judgment in favor of the defendant following a trial. The plaintiff then appealed.