(845) 802-0047People often think of medical errors as actions done to a patient that inflicted harm. However, a medical error can also take the form of an error of omission, which involves failing to do something that needed to be done to reduce the risk of harm to the patient. This could include not offering or giving a life-saving vaccine, failing to order a necessary diagnostic test, or not ordering a needed prescription.
Medical professionals are expected to keep up with evidence-based practices and to recognize and act based on what a patient’s medical condition warrants. If they do not, a patient can suffer severe injuries or even death—which is why medical malpractice attorneys often keep up with modern practices as well, so they can file suit for this negligence on an injured plaintiff’s behalf. A qualified Newburgh errors of omission lawyer may be able to seek compensation on your behalf if you are the victim of such a mistake.
Medical Malpractice Statute of Limitations
Each state limits the amount of time in which a plaintiff can file an error of omission civil lawsuit. This is known as the statute of limitations. This statute exists to ensure these cases are not based on stale evidence and that potential defendants do need to live in fear of a lawsuit for years to come.
The statute of limitations for medical malpractice claims in New York, including those related to errors of omission, is two years and six months after the injury. This period starts when the injury is discovered or reasonably should have been discovered, as per New York Civil Practice Law & Rules § 214-A.
There are, however, some exceptions to this pattern. For instance, if the error affected a minor victim, the statute of limitations does not begin until they are of legal majority. Potential plaintiffs who are unsure of when their statute of limitations expires should consult with a knowledgeable Newburgh errors of omission lawyer.
Common Errors of Omission
Errors of omission can happen in nearly every medical environment and produce a variety of different outcomes, ranging from innocuous in nature to potentially fatal. According to one study published by the Journal of General Internal Medicine, the most common errors of omission in the medical field include:
- Inadequacies in diagnostic testing (34 percent)
- Inadequacies in diagnostic testing (34 percent)
- Obtaining insufficient information from histories and physicals (25.3 percent)
- Patients not receiving needed medications (20.7 percent)
Out of the 2,917 errors identified in this study, only 27 were rated as being highly serious, and 26 (96%) of these were classified as errors of omission. Regardless of the form, an errors of omission lawyer in Newburgh could help that doctor’s patient take stock of their injuries and seek appropriate compensation for them.
Let a Newburgh Errors of Omission Attorney Help
If you fell victim to an error of omission, you may be entitled to monetary restitution meant to make you as close to whole as possible by compensating for medical bills, lost wages, and pain and suffering. A seasoned Newburgh errors of omission lawyer could determine if you have a case and, if so, work with you to seek recovery for your damages.
Life after a medical injury can be physically and emotionally painful, but the goal of any dedicated malpractice attorney is to ease some of your burdens and make your future brighter, despite what has happened. If you are ready to move forward with your case, call today to schedule a consultation.