Serious injuries or even death can occur when mistakes occur with the medical care that patients receive. As stated by the Centers for Disease Control (CDC), medical errors are the third leading cause of death in the United States. Some of these medical errors can be attributed to actions medical care providers should have taken but did not.

Patients who suffer injuries from medical errors or their surviving family members may benefit from the services of a Kingston errors of omission lawyer. A knowledgeable malpractice attorney could file a case on your behalf seeking compensation for the injuries and damages that occurred due to your healthcare provider’s mistake.

What is an Error of Omission?

When a medical error or medical malpractice occurs, it is often caused by something that a healthcare provider did wrong. This could include a surgical procedure on the wrong site, or it could entail not doing something that the provider should have done.

When a provider fails to supply the care that a reasonably prudent healthcare professional would have given, they have likely committed an error of omission. If patients suffer injuries from an underlying disease that could have been prevented by giving optimal medical care, for example, an error of omission could exist that gives rise to a lawsuit.

Possible examples of errors of omission a Kingston attorney could help a plaintiff pursue damages for include:

  • Not offering or giving a necessary vaccine
  • Failing to initially provide a patient with concerning test results or ordering the appropriate test
  • Not prescribing a necessary medication
  • A delayed diagnosis
  • Not referring a patient to a specialist

The Certificate of Merit Requirement

Under New York Civil Practice & Law Rules §3012-a, a Kingston plaintiff’s errors of omission lawyer must file a certificate of merit when filing a malpractice case. This vital requirement aims to cut down on the number of invalid lawsuits that unnecessarily burden the justice system and could raise the cost of insurance and healthcare. If filing the certificate of merit would keep the case from being filed within the two year and six-month statute of limitations, the law allows for a 90-day extension to file the certificate.

A certificate of merit certifies that the plaintiff’s legal counsel consulted with a medical expert regarding the errors of omission case and the expert agrees that the case has legal merit. Alternatively, it may certify that despite three separate attempts to consult with a medical expert about the errors of omission case, the plaintiff and their legal counsel were unable to do so.

Get Help from a Compassionate Kingston Errors of Omission Attorney

Individuals who experience pain and suffering, lost wages, loss of enjoyment of life, and additional medical bills after a medical professional fails to provide them with the appropriate care or treatment may wish to learn more about their legal options. Consulting with a compassionate Kingston errors of omission lawyer could help you determine if you have a valid legal claim, how much your case might be worth, and what the litigation process might entail. Call today to get started with an initial consultation.