(845) 802-0047Medical mistakes can be classified into various subsets depending on the type of error involved. One of these subsets is an error of commission, which involve a doctor or other medical professional engaging in negligent conduct by doing something wrong. This error may entail administering the wrong medication to a patient, ordering the wrong diagnostic test, leaving a surgical tool or device inside of a patient after surgery, or providing outdated medical instructions or advice.
Anyone who is harmed by an error of commission may suffer from a variety of damages such as pain, disfigurement or disability, loss of enjoyment in life, and additional medical expenses. Fortunately, a dedicated personal injury attorney could work to hold medical care professionals whose actions harm people accountable through litigation. Allow a Troy errors of commission lawyer to review your medical claim and help quantify potential damages for compensation.
Errors of Commission Liability
When a doctor or other medical professional’s conduct falls short of applicable care standards, they may have engaged in legal negligence. In case of incorrect medical practice, negligent care could lead to liability and compensable damages.
Specifically, an error of commission occurs when a physician’s care deviates from the accepted norms of practice for that area of medicine and cause injury to the patient. Those considering litigation may wish to speak a detail-oriented errors of commission attorney before filing in Troy, as plaintiffs must demonstrate proof of injury and damages suffered for a valid errors of commission claim.
Though a physician may have made a mistake in care, if the error does not lead to injury or damages, it is unlikely a medical professional would be held legally liable for their actions. Potential plaintiffs who are unsure a whether a claim has merit may benefit from discussing suspect medical care with an established Troy errors of commission lawyer.
Plaintiff Liability
Some errors of commission cases involve the liability of multiple defendants, sometimes even by the plaintiff to some extent. If a jury determines that a plaintiff bears partial responsibility for damages, an award may be reduced by the corresponding percentage of fault.
At no point, however, would the plaintiff be completely barred from recovery, according to New York Civil Practice Law & Rules § 1411. Even a plaintiff found 99 percent liable could seek the remaining one percent of their damages.
Statute of Limitations for Errors of Commission
While liability does not impact a plaintiff’s ability to recover, failure to abide by the state’s statute of limitations could bar a plaintiff from seeking damages. New York law states that plaintiffs must file a claim within two years and six months from the date of their injury. If the claim is not filed within the set time frame, harmed individuals may lose their right to receive compensation for their damages.
However, special circumstances may extend the statute of limitations. For example, patients with surgical instruments or supplies left inside of them have only one year from the date of discovery to file their legal claim.
To ensure the proper filing of a claim, those who suspect improper medical care may wish to contact a local errors of commission lawyer in Troy relatively soon after care. This would allow an attorney to fully investigate a claim and collect current evidence, such as recent testimony, before bringing forth a claim.
Call a Troy Errors of Commission Attorney
Understanding legal requirements may be confusing for anyone who is trying to focus on healing and can deter you seeking legal remedy. However, if you were harmed by a doctor or medical professional’s error, you have the right to seek justice through compensation.
A knowledgeable and experienced Troy errors of commission lawyer could help investigate your claim, collect relevant evidence, and represent your case in court. Healing after a serious medical error can be difficult, but fortunately you do not have to heal alone. Consult with a compassionate attorney today and take the first step towards recovery.