According to the U.S National Library of Medicine National Institutes of Health, every year between 44,000 and 98,000 patients across the country suffer injuries or die from medical errors. Errors of omission are unfortunately a common type of medical malpractice case in which a doctor should have acted to reduce harm to a patient but failed to do so. An error of omission constitutes a medical error, which a professional Palm Beach Garden errors of omission lawyer could help remedy in court. Read on to learn more about how a dedicated injury attorney could make a difference in your case today.
The Challenge of Errors of Omission Cases
Florida Statute section 766.102 defines medical malpractice as a breach of the professional standard of care. In any case where someone suffered an injury because a doctor failed to act, they must prove to the court that a doctor failed to act with the level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. Errors of omission cases are often more difficult to prove than cases involving surgical mistakes. Errors of omission may include the failure to:
- Diagnose a disease
- Identify an injury
- Perform a surgery
- Order a diagnostic test
- Prescribe a medication
Proving that a doctor made an omission means examining not only what the doctor saw or did, but also proving that a doctor failed to identify a condition considering the surrounding circumstances. A skilled Palm Beach Gardens errors of omission lawyer can prove to be a valuable asset in these cases by conducting a thorough investigation of the doctor’s actions and using input from third-party professionals to strengthen their findings. Reach out to a compassionate injury attorney to learn more.
Statute of Limitations
Another challenge in errors of omission cases is the statute of limitations in Palm Beach Gardens. Florida Statute section 95.11 requires a medical malpractice case to be filed within two years of an incident. The statute also limits this period for malpractice cases to four total years after the date of an incident. This can complicate a case for an error of omission, as it requires knowing exactly when a doctor failed to provide treatment or identify a condition.
Advantages of Retaining a Palm Beach Gardens Errors of Omission Lawyer
Because medical malpractice claims tend to be complex cases, it is often important to retain a Palm Beach Gardens errors of omission lawyer who is familiar with the procedural steps for filing a case, as well as the underlying medical concepts involved. Furthermore, Florida Statute Section 766.104 requires that anyone bringing a medical malpractice claim thoroughly examines them before filing a lawsuit to ensure there are grounds for the suit. Specifically, it states that the complaint or initial pleading shall contain a certificate of counsel that such reasonable investigation gave rise to a good faith belief that grounds exist for an action against each named defendant.
If you believe you or someone you love has been injured due to an error of omission, consider reaching out to a Palm Beach Gardens errors of omission lawyer to discuss how you may be able to recover compensation for your medical expenses and injuries. A knowledgeable Palm Beach Gardens errors of omission lawyer could help explain the complicated filing process for initiating a medical malpractice claim, investigate whether a doctor has made an error of omission, and help you recover financial compensation for your injuries. Schedule your initial consultation today to get started on your case.
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