Is this considered malpractice?

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Is this considered malpractice?

I’ve been seeing an ENT for a lump in my throat
feeling that I’ve had for several years now. He
ran some tests on me, a CT SCAN, based on his
notes stated that I have a polyp versus
retention cyst in my left maxillary sinus. And
it states ‘Report Indication Dysphasia’.
Which is completely unrelated to what I’m
experiencing. Must have had a slip up in his
report with the spelling. Dysphasia vs
Dysphagia? If this is documented, is this
considered malpractice?

Asked on May 31, 2019 under Malpractice Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Malpractice is not merely an error by a doctor. First, it must be medical care that is unreasonably careless; if the care itself was adequate, a typo or other de minimis mistake in a report or medical records is not malpractice.
Second, even if it was malpractice, there is no point in suing unless the error injured you in some significant way: caused you in incur large additional medical costs, or impaired your life in a noteable way, or shortened your life expectancy, etc. You can only receive compensation for actual harm you suffered, and since malpractice cases are expensive, you only sue for major harm.


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