(845) 802-0047Emergency rooms are inherently busy places that demand precise and immediate care. While patients are normally diagnosed and treated appropriately and receive the proper standard of care, accidents sometimes occur that result in disastrous outcomes.
Whether you were given the wrong dose of medication, received the wrong treatment, or did not receive a correct diagnosis of your medical condition, the impacts of an emergency room error are often far-reaching. With the assistance of a dedicated and knowledgeable Kingston emergency room error lawyer, you may be able to pursue legal action against those responsible for your injuries. A well-practiced medical malpractice attorney could explain how your emergency room error occurred and may be able to advocate on your behalf for compensation.
What is the Deadline for Filing an ER Error Case?
A filing deadline known as the statute of limitations establishes the amount of time provided by law that a person has to file a civil lawsuit. As detailed in New York Civil Practice Law and Rules §214-a, emergency room error victims and their Kingston attorneys have two years and six months from the date of the person’s injury to file for damages.
While this law may seem unfair to potential plaintiffs, it helps to preserve the integrity of lawsuits by ensuring they are based on current events and recent evidence. Claims that were filed years after a plaintiff was injured could place the accused in an unfair position when defending themselves. Contacting an attorney immediately after an emergency room error occurs could help a plaintiff meet the filing deadline and may increase their chance of recovering fair compensation for their damages.
What Elements of Emergency Room Mistakes Must Plaintiffs Prove?
A successful lawsuit involves proving several points to the presiding judge or jury. An experienced Kingston lawyer will generally only accept emergency room error cases involving circumstances that provide a legitimate chance of achieving a successful outcome. This includes establishing a breach of duty, the causation of injuries, and the injuries leading to damages.
Breach of Duty
First, the party seeking damages must provide convincing evidence that the defendant owed a duty of care to the plaintiff. Given that medical professionals assume a duty of care upon receiving a patient, gathering such evidence is usually straightforward. More importantly, it must be shown that the defendant breached their duty of care.
Injuries and Damages
By itself, a breach of duty is not grounds for a legal claim. Consequently, a doctor could be held liable for their breach of duty only if that breach directly causes injuries and damages to the patient. Such damages could include pain and suffering, loss of enjoyment of life, mental distress, medical expenses, and lost wages.
Benefits of Hiring a Kingston Emergency Room Error Attorney
If you sought out urgent care at an emergency room only to have your health made worse by a medical professional, a Kingston emergency room error lawyer could help. By consulting with hard-working legal counsel, you could learn about any compensation you may be owed from the damages you suffered. To schedule your consultation, reach out to a skilled attorney immediately.