Legal Question in Medical Malpractice in New York
The other day I was experiencing physical pain in my genitals. I made an appointment with my OB-GYN and when they could not determine what the problem was, I had some testing done. As my condition worsened, I called the office to find out my test results. After almost a week of no one calling me (not even to tell me that the results were not ready, etc), I called one last time and waited on hold for almost 15 minutes for the nurse to get out of her current appointment. When she finally came to the phone, she was nothing short of completely rude. She told me she couldn't tell me the results until the doctor had looked at them, and then continued to explain to me that I had tested positive for HSV-1 (the Herpes Simplex Virus responsible for cold sores, that normally appear on the mouth). However, she went on to tell me that I had NOT tested positive for herpes, that I had only tested positive for cold sores and would need to come back for another appointment to figure out what the "lesions" on my genitals were. When I told her that I had known for a fact that HSV-1 IS herpes, plain and simple, and that I wanted to be treated, she told me that she could not help me. I also told her that my pain was worsening, and I needed help, again she told me that there was nothing that could be done. It was only when I went in person to the office, and spoke with a doctor that I was given treatment.
Is this not a form of medical malpractice on the nurses part?
1 Answer from Attorneys
If you suffered no further or aggravated injuries by reason of any delay in treatment of your condition, any medical malpractice claim would likely go nowhere. You may well be dealing with a rude and irresponsible nurse, something you should point out to her employer(s). But it doesn't sound as if her mistreatment caused you any further harm, since you eventually (though you don't specify the time) received appropriate medical treatment. Best, M. E. Zuller
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