(845) 802-0047Medical professionals should be and are held to high standards. Unfortunately, even with the training and education they receive, medical errors still happen. According to a report from the National Academies of Sciences, Engineering, and Medicine, an estimated 98,000 people die every year in the United States because of mistakes committed by medical professionals in hospital settings.
In a study conducted by Harvard Medical with over 30,000 medical records, an adverse event happened in the care of 3.7 percent of patients. Furthermore, among those patients, 43 percent had a moderate impairment due to the improper actions.
If you or a loved one were impacted by an adverse medical event, a Hudson Valley errors of commission lawyer could help you get the compensation you may be entitled to. Specifically, a seasoned attorney could build evidence of the negligent acts to pursue a fair financial recovery.
Defining Errors of Commission
Medical malpractice usually involves two different types of errors: omission and commission. An error of omission is a failure to act, while an error of commission is the performance of an incorrect action.
Examples of errors of commission include:
- Giving a drug to the wrong patient
- Giving a drug to a patient at the wrong time
- Prescribing medication that could cause kidney damage to a patient who has a renal disorder
- Prescribing medication to a pregnant patient that can be harmful during pregnancy
Errors of commission occur in approximately 33 percent of all therapeutic mishaps and diagnostic errors.
New York Statute of Limitations
New York Civil Practice Law & Rules §214-a states that plaintiffs in a medical malpractice case generally have a time limit of two years and six months to file their claim in civil court. This is known as the statute of limitations and begins on the date of the negligent action. However, if the plaintiff did not discover their injuries until a later date, the time period starts on the date of discovery.
Another exception to the statute of limitations is if the error occurred during a series of treatments for the same condition. In this case, the statute of limitations begins on the date of the final treatment. A Hudson Valley errors of commission lawyer could work with potential plaintiffs to determine when their statute of limitations begins.
If an injured person fails to file a claim within the given legal time period, it is unlikely they would be able to recover compensation for their claim. While a plaintiff may still file the claim after the deadline, the defendant would almost always file a motion to have the case dismissed due to the statute of limitations.
A Hudson Valley Errors of Commission Attorney Could Help
Errors of commission by a doctor or other medical professionals can cause serious losses, injuries, and even death. If you believe you suffered damages due to a medical professional taking an incorrect action, you may be able to seek compensation for your medical bills, lost wages, and pain and suffering.
Contact a Hudson Valley errors of commission lawyer today to find out if you are eligible to file a claim. Let a compassionate attorney be at your side, working in your interests during this difficult time of life.