A 2016 study by the Johns Hopkins Safety Experts Team found that up to 10 percent of all deaths in the United States can now be attributed to a medical error, making it the third leading cause of death in the country.
If you were injured due to the mistakes of a medical professional, there may be legal recourse available to you. By contacting an Albany errors of commission lawyer, you could learn what options you have to deal with your damages. You may be able to file a claim for compensation for your damages with the help of a knowledgeable medical malpractice attorney.
Causes of Errors of Commission
In most cases, most medical errors are not due to an inherently bad or unintelligent doctor. Just like other types of medical malpractice types, errors of commission—or errors that involved taking the wrong action—can be attributed to a variety of circumstances, such as:
- Improper training or education
- Systemic problems
- Absence or underuse of medical safety nets
- Variation in a physician’s practice patterns
- Poorly coordinated care
- Short staffing
- Overworked staff
- Lack of accountability
What is a Certificate of Merit?
According to New York Civil Practice Law & Rules §3012-a, a plaintiff or their attorney must submit a written certificate of merit within 90 days of filing a medical malpractice lawsuit. An Albany errors of commission lawyer could file this on behalf of the plaintiff.
This certificate must either state that the attorney has consulted with at least one licensed physician who believes there is justification for a medical malpractice case or that the attorney made good-faith attempts to consult with at least three licensed physicians to do so.
Settlement or Trial
Once filed, a lawsuit can be resolved through a mutually agreed-upon settlement amount or by jury trial. For some medical malpractice cases, sending a strongly worded demand letter can quickly lead to an agreeable and fair settlement.
However, other cases may need to go before a jury, during which the jury would decide if the plaintiff has valid claims for relief. If they determine the claim to be valid, the jury has the authority to decide how much compensation the defendant owes the plaintiff.
Are There Damage Caps in a Medical Malpractice Claims?
In New York, there are no set caps on how much juries can award to claimants in medical malpractice cases. A jury may consider such things as pain and suffering, medical, legal, and travel expenses, loss of enjoyment of life, lost wages, lost potential future income, and rehabilitation expenses. A dedicated Albany errors of commission lawyer could help with obtaining evidence and getting the injured individual the compensation that they deserve.
An Albany Errors of Commission Attorney Could Assist
To find out if you have a valid legal claim, contact an Albany errors of commission lawyer today. Experienced attorneys know the tactics defense teams use in these cases in an attempt to negotiate a lower award amount or deny the claim entirely. As such, they could help you avoid these pitfalls and effectively pursue the compensation you need and deserve.
Local attorneys could strive to answer your questions and keep you informed and as involved in the legal process as you want to be. After all, this case is about you, your pain, and your livelihood. Act today so legal professionals can help you file the proper documentation ahead of deadlines.