Medical errors occur every single day in America. Some do not cause any notable harm, but many others cause serious injury or even death. A medical error of omission happens when a medical professional fails to do something they should have done to appropriately treat or care for a patient. If you are a victim of this particular variety of medical malpractice, consulting with an attorney may be your best move. A Poughkeepsie errors of omission lawyer could help you identify your damages and seek financial recovery for them.

A dedicated injury attorney could examine your case and possibly help identify legal strategies that may result in compensation. Compensation could be an important step in recovery for many injured individuals as it could address lost earnings, property damage, medical bills, and other unexpected offenses.

Basis for Error of Omission Cases

In an error of omission case, the burden of proof often lies with the plaintiff. They must generally prove that their case is more than likely true based on a preponderance of evidence. Typically, they must prove that the defendant had a duty of care to protect them and that the defendant did not act in the manner a reasonable person with their same education and experience would have acted in the same situation.

Plaintiffs also may need to prove that their injuries were the result of the defendant’s omissions, although the omission does not generally have to be the only cause of injury. A qualified Poughkeepsie errors of omission lawyer could work with an injured person to link a doctor’s failure to act to the injury they suffered in court.

Filing Requirements and Certificates of Merit

According to New York Civil Practice & Law Rules §3012-A, when an errors of omission lawyer in Poughkeepsie files a medical malpractice lawsuit, they typically must also file a certificate of merit. If this certificate cannot be filed at the time of the claim filing, due to an approaching statute of limitations deadline, it typically must be completed within 90 days.

The state of New York often mandates certificates of merit to help weed out frivolous lawsuits. In order to obtain one, the plaintiff’s attorney generally must consult with a licensed physician in order to support the validity of the medical claim. If this cannot be done, the attorney may need to document and file that they have made three attempts at consulting about the case, each with different physicians.

How a Poughkeepsie Errors of Omission Attorney Could Help

When a person suffers an injury due to an error of omission in a medical setting, they may need additional medical care, have increased medical costs, and lost wages. If this happens to you, an experienced Poughkeepsie errors of omission lawyer could help you seek compensation for your damages.

Your compassionate attorney may be able to send a formal demand letter to the defendant and argue for a fair settlement on your behalf. If a settlement cannot be reached, they could pursue justice for you by bringing your case to trial. Call today to find out about your legal rights after an error of omission injury.