Like most people, you likely place a lot of trust and confidence in your medical providers. Unfortunately, sometimes this trust is broken by a preventable error born of negligence or carelessness and sometimes, that error could be severe enough to warrant getting a medical malpractice attorney involved. If you were injured because of an error of commission, a seasoned Poughkeepsie errors of commission lawyer may be able to help you recover damages.

According to a study done by the Institute of Medicine, errors of omission and errors of commission occur in about three to four percent of all hospital admissions. Out of those, between 10 and 16 percent are fatal. Contact a skilled injury attorney to begin filing a claim and hold a negligent medical provider accountable for their recklessness.

Errors of Commission vs. Omission

Medical errors happen in a wide variety of settings and may range from misdiagnosis to prescribing or giving a patient the wrong medication, to even operating on the wrong limb or organ. In general, though, they could be classified into two groups, errors of omission and errors of commission.

An error of omission may occur when something is left out or a medical professional fails to take a necessary action—for example, not giving a required vaccine. On the other hand, an error of commission typically involves taking an action that should not have been taken, such as performing surgery on the wrong body part or operating unnecessarily.

Case Filing Deadline

New York Civil Practice Law & Rules often provides a set amount of time for plaintiffs to file civil lawsuits. This time limit is commonly referred to as the statute of limitations. As detailed in New York CPLR §214-A, plaintiffs wishing to file an error of commission case may have a time limit of two years and six months from the date of the error to take legal action.

Poughkeepsie also abides by the state’s discovery law that may delay the start of this period until the day the injury is—or reasonably should have been—discovered, if it was not discovered on the day that the error of commission occurred. However, plaintiffs may only have one year from the date of discovery or the date that the injury should have been discovered to file their lawsuits. Additionally, if the potential plaintiff is a minor at the time of the error, they could be given two years and six months from the day that they turn 18.

The statute of limitations is typically quite important, as medical malpractice cases are often successful when based on recent evidence. Without such a time limit, critical evidence may be lost over time, and potential defendants could fail to be held accountable. An experienced Poughkeepsie errors of commission lawyer could help ensure an injured person files their lawsuit before the statute of limitations expires.

Contact a Poughkeepsie Errors of Commission Attorney

A committed Poughkeepsie errors of commission lawyer could review the circumstances of your injury to determine if your case has merit. If it does, they could explain all your legal rights and options. The idea of an errors of commission lawsuit generally is to receive a fair settlement or judgment award in order to hold a negligent medical provider responsible for their carelessness. As such, your injury attorney may be able to seek economic and non-economic damages on your behalf. This compensation could be used to pay for medical bills and other injury-related expenses.