NY Medical Malpractice -Does Obnoxious Doctor or Small Injury=Compensation For Victim?

1. A physician's poor bedside manner does not constitute negligence.

In the vast majority of cases, even extremely poor bedside manner cannot be considered in determining whether a physician was legally negligent in providing treatment. We have reviewed many cases where arrogant doctors provided care and the patient was injured. It just doesn't matter legally that the doctor was a jerk. We must prove, with expert medical opinion that the treatment departed from good and accepted medical care; that such care was a substantial factor in causing injury and that the injury is significant and permanent. Bedside manners are not, in and of itself, part of the formula that a jury will use to establish responsibility. 

2. The patient suffered no significant damages.

If the victim suffered minor injuries, the legal system is not set up to handle small medical malpractice cases. We decline hundreds of cases a year where it appears that the doctor was careless but the resulting injury was not significant. A pharmacist may incorrectly fill your prescription, and you might get sick for a few days. If you have a good recovery, however, you probably don't have the basis for a case. That's because the costs of pursuing the case will be greater than the expected recovery. Our Court system may not be perfect, but it does act as a filter to keep out all but the most serious cases of medical malpractice.