Doctors nationwide, including those in New York, enjoy the trust of most people. The confidence in their skills is typically based on their many years of study and experience. However, if patients believe that their physicians were less than honest about their conditions, the treatment or the expected outcome and potential complications, medical malpractice claims may follow.
Along with a doctor’s technical skills, he or she also owes a duty of care to a person with whom a doctor-patient relationship exists. This duty covers care, treatment and diligence that one would expect from a reasonably competent medical practitioner. That standard of care requires a doctor to be forthcoming with relation to the diagnosis, prognosis and treatment options of a patient and, most importantly, honesty.
Patients can expect to learn the purpose of proposed treatment and the available alternatives, along with the risks and benefits of each option. The doctor must also explain the risks of refusing the treatment. Before any treatment can commence, the doctor must have the consent of the patient, and it must be an informed consent.
Any New York resident who believes that his or her physician withheld medical information or was not completely honest about his or her condition or treatment may seek legal counsel to assess any suspicions or allegations. With the skills of an experienced medical malpractice attorney, the required documented evidence may be obtained — a feat that could be challenging for a suspicious patient. If a viable claim exists, the attorney can provide guidance and support throughout the legal proceedings to pursue recovery of damages.
Source: FindLaw, “Can You Sue a Doctor for Lying?“, Christopher Coble, Accessed on Dec. 24, 2016