(845) 802-0047Most people consider medical errors as something a physician or other medical provider did wrong, like operating on a patient’s right leg instead of the left, or prescribing the wrong medication. However, medical errors are not limited to just dangerous actions.
Failing to provide care or take action when medical standards call for it is also a form of medical error. These mistakes are referred to as errors of omission. Actions such as failing to provide a necessary vaccine or not prescribing blood thinners to someone with a strong history of blood clots could be considered errors of omission.
Errors of omission are just as dangerous and deadly any other medical mistakes. They may dramatically change the life of a patient and necessitate additional medical treatment. If you suspect you may be harmed by a medical professional’s lack of action, it may be beneficial to consult a Schenectady errors of omission lawyer. A credible medical malpractice attorney could assist with evidence collection to develop a strong claim based on a medical practitioner’s mistake.
Process of Filing a Claim for Errors of Omission
Schenectady requires that any case alleging an error of omission must be filed within two years and six months of the date of injury. However, once a plaintiff files their claim, there is no set timeline for a case to follow. Depending on the circumstances of a case, it may move quickly through the legal system or take months or even years to progress. In some cases, a settlement could be reached before a case is filed at all.
For example, after a Schenectady errors of omission lawyer reviews and researches the details surrounding a case, they may suggest sending a demand letter directly to the defendant. This could lead to settlement negotiations between the plaintiff, their attorney, and the defendant medical professional or their legal representative without having to go to court.
Potential for Patient Liability
New York law recognizes that a plaintiff may bear some fault for the circumstances that led to an injury and damages. For instance, if a patient failed to disclose pregnancy or suspected pregnancy before a procedure or stopped taking a prescribed medication without providing proper notice, a judge or jury may find that a patient holds some liability for their injuries. In these cases, the court would decide what percentage of fault each party bears.
However, those who bear partial liability for their injuries are not barred from recovery. New York Civil Practice Law & Rules §1411 establishes that even if a plaintiff is 99 percent liable for their injuries, they are still entitled to seek compensation, though their award may be reduced by the percentage of their fault. For this reason, potential plaintiffs may want to discuss a potential claim in full with a Schenectady errors of omission attorney to determine if they potentially bear any liability for their injury.
Talk to a Schenectady Errors of Omission Attorney for Assistance
Any injury causes stress, but when an injury and subsequent suffering occurs due to a doctor’s error, the stress may be amplified, especially when it comes to how you will pay your medical and living expenses. Fortunately, the compensation you may receive from legal action could help reduce some of the stress you are experiencing.
If you are unsure of what to do following a medical error, a seasoned Schenectady errors of omission lawyer could help you. After reviewing your case, your attorney could investigate a doctor’s questionable decision and work towards building your claim for compensation. Call today to schedule a consultation and begin taking steps towards recovering.