If I refused medical treatment can I still bring a medical malpractice case in New York?

 

A: One of the defenses in a medical malpractice case involves something called ‘culpable conduct’. That means that the defense argues that you are directly responsible for your own injuries.

If it turns out that your refusal of treatment was a direct cause of you suffering your claimed injuries then you’ll have a tough time showing that the doctor or hospital caused your injuries.

“Ladies and gentlemen...had John simply followed his doctor’s instructions, we wouldn’t be here now. He would have been cured. His problem would have been solved. Instead John decided that he knew better, had more knowledge and experience with all things medical and chose the path he wanted.

He has every right to do so.

But, when he claims that he suffered injury because of Dr. Goldschmitbergerhans you need to focus on his own actions first. Then you’ll soon see that the good doctor did everything he was supposed to do, and more. Instead, the only reason that John suffered his injuries is because he failed to follow Goldschmitbergerhans’ advice. It’s as simple as that.”

Gerry practices law exclusively in the State of New York. Within New York he practices primarily in the following counties: New York, Brooklyn, Queens, Bronx, Staten Island, Nassau and Suffolk. Technically, Brooklyn is known as "Kings County," and Manhattan and New York City are known as "New York County." Staten Island is known as "Richmond County." These counties make up the New York metropolitan area.