(845) 802-0047The World Health Organization (WHO) has found that the United States has only the 37th best health care system in the world. While this may be a surprising fact as a first-world country, medical errors are a heavyweight that drags the United States down the list of best healthcare systems in the world.
While medical errors are inexcusable, many different factors can contribute to medical malpractice. These include fatigue, burnout, a lack of updated knowledge, and poor communication with other providers. If you suffer an injury as the result of a medical provider doing the wrong thing in the process of your care, a Kingston errors of commission lawyer could help you pursue financial recovery for your damages. Contact a skilled malpractice attorney to learn your rights and legal options.
Defining Errors of Commission in Kingston
Medical malpractice is a general term applied to a doctor or another medical professional who makes an error in the delivery of medical care. Medical malpractice can take on several different forms, one of which is an error of commission.
An error of commission occurs when a doctor or medical professional takes an expressly incorrect action. As a comparison, an error of omission is a failure to do the right thing.
What Are Some Examples of Error of Commission?
Examples of an error of commission could include:
- Surgery on the wrong site
- Prescribing a medication that the patient has an allergy to
- Giving the wrong dose of medication to a patient
A well-versed errors of commission attorney in Kingston could help plaintiffs who suffer damages related to these situations or any others in which their medical provider acted inappropriately while treating them.
Proving Liability and Damages in Errors of Commission Cases
After their dedicated attorney files a case in accordance with New York Civil Practice Law & Rules §304, an injured plaintiff must prepare to prove both the liability of the defendant and damages they suffered as the plaintiff in the case. These two elements form the basis of most injury lawsuits.
The burden of proof in a medical malpractice case is on the plaintiff and their legal counsel. A Kingston lawyer must be able to establish several crucial factors for the jury to achieve a proactive outcome on behalf of a commission errors plaintiff.
What Must be Proven to Recover Damages?
The court would be forced to side with the defendant if the following elements cannot be proven:
- The doctor owed a duty to their patient that began when they assumed their care
- The doctor failed to provide care in a manner consistent with the way a reasonably prudent doctor would have acted, thus breaching their duty
- As a direct result of the breach of duty, the plaintiff suffered from injuries
- The injuries caused compensable damages to the plaintiff
Speak with a Kingston Errors of Commission Attorney
If you are suffering physically, financially, emotionally, or otherwise after a doctor or another medical care provider’s actions while you were in their care, you may be owed compensation. To recover it, you might need an attorney who is not intimidated by the insurance companies that stand behind doctors and hospitals.
If another party is liable for the damages you incurred due to their negligence, you could hire a Kingston errors of commission lawyer to represent and protect your legal interests. Procrastinating about seeking legal help could potentially cause you to lose your legal rights, so call today to find out what your case could be worth and receive answers to your pressing questions.