(845) 802-0047Patients admitted to the emergency room are reasonably expecting to be stabilized and treated for injuries that brought them to the hospital in the first place. Unfortunately, not all injuries and ailments are able to be fixed, but sometimes victims conditions worsen due to the negligence or carelessness of the very medical professionals attempting to treat them. If you or a loved one was injured during treatment in the ER, a Poughkeepsie ER error lawyer could help you pursue justice for your damages and compensation for your losses. Reach out to a seasoned medical malpractice attorney to learn about your legal options to recover compensation for your injuries and damages.
Negligence in Poughkeepsie ER Error Cases
To have grounds for a lawsuit, the plaintiff must prove that the ER staff acted negligently. ER staff has acted negligently when they act in a manner inconsistent with industry best practices and what other prudent professionals in the same field would do. Common forms of emergency room malpractice include injuries after:
- Misdiagnosed symptoms
- Refusal to admit a patient in need of care
- Failure to order necessary and appropriate tests
- Inadequate review of test results
- Delay in diagnosing or treating conditions
New York law requires plaintiffs to prove that the medical staff or facility acted with wanton or willful negligence, which is a higher burden of proof than what is required in other types of medical malpractice matters. A Poughkeepsie lawyer may be necessary to prove that the ER staff deviated from a reasonable standard of care that would be exercised by other professionals in the same discipline and that this error directly caused the claimant’s injuries.
Applicable Statutory Deadlines in Poughkeepsie ER Error Cases
In New York state, the statutory deadline for ER error cases is two years and six months from the date the alleged malpractice occurred. Specific exceptions could apply to this time limit such as the state’s statutory deadline for minor children or the limited discovery rule.
For cases involving minor children, the time period to file a suit does not start until the child’s 18 birthday. However, the lawsuit may not be filed more than ten years after the date of the incident or when the harm should have been reasonably discovered.
The discovery rule is another possible exception to the standard statutory limit. If a foreign object was left in the individual’s body, the malpractice lawsuit must be filed within a year of the date of discovery or the date that facts were discovered which would reasonably lead to finding the foreign object.
Pure Comparative Negligence and Damage Awards
New York Civil Practice Law & Rules §1411 is the state’s comparative negligence statute meaning that even if the plaintiff is partially responsible for their injuries, they may still be able to recover damages. However, any damages awarded will be reduced proportionate to their share of liability. A Poughkeepsie ER error lawyer could help victims calculate the value of damages they might recover.
Discover How a Poughkeepsie ER Error Attorney Could Help
If you are the victim of emergency room malpractice, an accomplished Poughkeepsie ER error lawyer could represent you in court and protect your rights. You deserve compensation and justice for the injuries you have sustained from those who caused them. Call today to schedule an initial consultation for your case.