Legal Question in Medical Malpractice in New York

In NYS a PT injured me worse than the car accident I was a victim of in Feb. It took me three months to get about 65% improvement. A new PT came in to stretch my neck but instead squeezed my head at the base of my skull where the delicate muscles that hold your head on your neck and the nerves that run up your head are. He never stretched my neck just quickly pushed my head side to side. I am now worse than the car accident. I have been to the emergency room from head pain so bad I thought I was going to die. I was put on seizure meds and steroids to help with the pain. I have gone to this place for over 2 years for other surgeries and planned to return I need another surgery. This man then saw me there afterwards knowing what he did to me and smiled and waved to me like it was funny. I don't want to sue the practice but feel he viciously hurt me and would like to press criminal charges against him. Is this possible?


Asked on 6/01/12, 6:44 am

1 Answer from Attorneys
Jim Avery Avery Law Firm (NY-CO-IN)

Hello. I am sorry to hear about your ordeal. Short answer, you can always contact the police and file a complaint, whether there is a prosecution will depend on the facts and ability to prove the elements of a crime. The biggest differences between civil malpractice and criminal conduct are the issues of 'intent' and 'burden of proof.' The element of intent that must be proven in a criminal case is higher than 'negligence' (lack of due care) which is the civil standard. Also, the burden of proof in criminal cases is 'beyond a reasonable doubt' whereas it is 'by a preponderance of the evidence' in civil cases. These are significant differences. Another option for you to consider is a complaint with the State medical licensing board which could result in discipline including suspension of license and/or revocation of license.

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Answered on 6/01/12, 10:36 am


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