(845) 802-0047When you seek medical care, you expect that the medical professionals caring for you have the knowledge and training they need to perform their job safely. However, sometimes this expectation is not met due to medical mistakes.
Medical errors are the primary cause of preventable hospital mortality. In fact, six states made up almost half of the medical malpractice payments against doctors in a recent year, with New York alone accounting for 20 percent.
If you were hurt by a doctor’s negligent mistake, you may have grounds for a lawsuit that a seasoned medical malpractice attorney could help you file. A Newburgh errors of commission lawyer may be able to help victims such as yourself receive compensation after such an error.
What Are Errors of Commission?
Errors of commission are the exact opposite of errors of omission. While an error of omission occurs when a medical professional fails to do something right, an error of commission occurs when one does something overtly wrong. Errors of commission are also typically visible—something even blatant—and attributable to an individual medical professional omitting steps or important information from a procedure.
Operating at the wrong site on a patient’s body, administering a drug to a patient that they are allergic to, or giving a patient the wrong dose of medication would all be classified as errors of commission. Potential plaintiffs who suffered an injury or damages may benefit from discussing their circumstances with an errors of commission lawyer in Newburgh.
Statute of Limitations for an Error of Commission Error
Filing deadlines for civil suits are known as the statute of limitations. As per New York Civil Practice Law & Rules §214-A, plaintiffs in a medical malpractice case have a time limit of two years and six months from the date the error of commission occurred to file a lawsuit.
In some circumstances, a discovery rule may apply. This means that if a patient did not notice their injury on the day that the incident occurred, the proverbial clock does not start counting down until the injury is actually discovered. Additionally, if the potential plaintiff is a minor when the injury occurred, the clock would not start running until they are 18 years of age.
Errors of commission victims who do not file their civil suit within the given deadline may still file a lawsuit. However, the attorney for the defendant would likely seek and be granted an order to have the lawsuit barred from court due to the time limitations. Once this has occurred, the plaintiff forever loses their right to seek compensation for their injuries.
Consult with a Newburgh Errors of Commission Attorney
If you or a loved one were injured by an error of commission when receiving medical care, a seasoned attorney may be able to help you seek justice. After reviewing your case to determine if it has a valid legal basis, an experienced Newburgh errors of commission lawyer could determine who should be held legally and financially liable for your injuries and craft a settlement letter to send to the defendant(s).
If this letter does not lead to what you would consider being a fair settlement, your attorney could ensure your case proceeds to trial and prepare accordingly. To find out how else a lawyer could assist you with your legal claim, call today.