(845) 802-0047Medical malpractice error of omission happens when doctors and other healthcare providers fail to take the appropriate steps to treat the condition, causing harm to patients. That includes neglecting to spot symptoms, diagnose and treat, or follow up properly with the patient to provide necessary care in the aftermath—and A Troy errors of omission lawyer could help you if a medical provider’s failure to act led to harm.
Adverse consequences and negative outcomes do not necessarily mean there was malpractice. The case must show that another physician would have acted differently and the doctor’s lack of action caused damages. A dedicated medical malpractice attorney could help evaluate the circumstances of the case, gather evidence, and determine whether the failure to act constitutes negligence.
What are Medical Errors of Omission
Medical errors of omission occur when physicians, nurses, and other certified healthcare providers neglect to take action and treat when they reasonably should have. The case must establish that another medical professional in similar circumstances would have acted differently, and the defendant failed to provide their legal obligations and fulfill their professional responsibilities as a doctor.
A Troy errors of omission attorney can help victims seek justice when healthcare providers fail to act as they should.
Elements of Malpractice
Malpractice claims regarding errors of omission must prove the existence of four elements of malpractice to prove fault and win a settlement, and those include:
- Duty of care means establishing there was a medical provider-patient relationship
- The breach is the second component, requiring the case to show the defendant’s services and treatment failed to meet the standard and another provider would have acted differently
- Causation is the link between the doctor’s actions, or lack of action, and the patient’s injuries
- Damages are the last element and show that the patient sustained injuries and other losses as a result of the medical care the defendant provided them
There is no credible cause for a medical malpractice lawsuit without proof of each component. During the consultation, an errors of omission attorney in Troy could review the case specifics to determine if there is cause for legal action.
Medical Malpractice and the Statute of Limitations
Knowledge of the state medical malpractice laws, including the statute of limitations, is crucial for proving fault and obtaining a settlement from the liable party. Under the New York Civil Practice Law and Rules Chapter 8 Article 2 § 214-A, the petitioner must commence legal action within two and a half years of the negligence causing them harm or the last date of continuous treatment from the provider.
While there may be some exceptions or special rules to extend the deadline, such as in cases involving minors, preparing and filing the claim promptly is in the patient’s best interest. The evidence is fresh and available, ensuring compliance with the regulations.
Filing the lawsuit after the statute’s expiration date will likely mean losing eligibility to hold the defendant accountable and obtain a settlement for damages. An errors of omission lawyer in Troy could handle the legal work of civil court filings and provide support and guidance throughout the process.
Shared Fault
The civil court commonly finds that more than one party, often the plaintiff, shares part of the fault for the damages. The state follows the comparative fault rule for personal injury lawsuits, meaning the patient still has the right to collect payment for the doctor’s part of the liability. However, they will subtract the percentage of the plaintiff’s fault from the settlement amount.
Contact a Seasoned Troy Attorney about Your Errors of Omission Case
Medical provider negligence, called malpractice, occurs when a doctor, nurse, or other healthcare professional’s actions or lack of treatment causes patients harm. Cases result from errors, mistakes during surgery, failing to act appropriately, and other aspects of medical care and services.
You could be eligible for monetary damages if a healthcare provider’s actions during treatment or lack of action cause you harm. Meet with a proficient Troy errors of omission lawyer to review your case and learn more. Contact us today.