Medical errors could range from performing treatment on the wrong patient, administering the incorrect medication, or waiting too long to perform a medical treatment. The Centers for Disease Control (CDC) reports that approximately 251,000 patients die each year as the result of a medical error. While not every medical error proves fatal, medical professionals taking the wrong action could still result in serious injury.
If you suffered harm due to a medical error, it is possible to seek justice with the help of an experienced attorney. A Schenectady errors of commission lawyer in handling errors of commission claims may be able to help you understand potentially compensable damages and help fight for accurate compensation in court.
Negligent Medical Errors
Deviations from the standard care process that cause harm to a patient are known as medical errors. When a physician commits an action that results in harm, as opposed to failing to commit an appropriate action, they may have committed an error of commission. If such an action amounts to negligence, the offending doctor could be held civilly liable.
Legally, medical negligence is care that falls short of the reasonably accepted standard of practice. For a valid errors of commission claim, a plaintiff must be prepared to demonstrate the necessary factors establishing negligence
- Doctor-patient relationship
- Duty breach
- Patient injury
- Damages from injury
- Filing requirements
What is a Doctor-Patient Relationship & Duty Breach in Schenectady?
Once a doctor accepts a patient for care, they bear a duty to provide reasonable care to the patient. Usually, proof of care is enough to establish the necessary doctor-patient relationship.
To recover damages, it must be demonstrated that an aspect of care a doctor provided breached the duty of care owed to the patient. A breach may be any deviation from the accepted standard of care. Often, a Schenectady errors of commission lawyer may request the plaintiff’s medical records or a physician’s notes on a care plan to prove such a deviation.
Patient Injury & Damages from Injury
Though breaching the standard of care is never acceptable, patients must still demonstrate injury in order to successfully seek compensation. Breaches that do not result in injury may not result in compensable damages. The plaintiff must also prove they suffered damage from the injury. Recoverable damages may include additional medical expenses incurred, lost wages, mental anguish, or emotional suffering.
How Are Filing Requirements Affected in Errors of Commission Cases?
New York has specific filing requirements for errors of commission claims. Failing to meet the filing requirement may result in the case being dismissed by the court. Consequently, patients who suffered injury because of medical negligence should connect with an errors of commission lawyer in Schenectady before filing a claim.
Statute of Limitations & Certificate of Merit
Schenectady allows two years and six months from the date of injury to file an error of commission lawsuit, as found in New York Civil Practice Law & Rules §214-A. Potential plaintiffs may lose their right to recover their damages if they do not adhere to this deadline.
New York also mandates the filing of a certificate of merit alongside a valid malpractice claim. This certificate of merit demonstrates that the plaintiff’s attorney has verified—or attempted in good faith to verify—that an action violated standard medical practices. It is generally filed along with the case, although exceptions could be granted if the statute of limitations is nearing.
Call a Schenectady Errors of Commission Attorney Today
Medical mistakes may cause confusion and fear. You may wonder how this happened to you or what a medical professional was thinking when the error occurred. However, if you suffered serious harm, you may be able to seek legal recovery.
An established Schenectady errors of commission lawyer may be able to build a strong case that could help compensate the damage you have faced. Allow a dedicated attorney to begin working on your claim today.