A medical error of commission refers to when a doctor makes or does an affirmative action that results in a patient suffering some harm. In many cases where a doctor negligently performs a surgery, prescribes the wrong or a dangerous medication, or incorrectly diagnose a condition, a patient can suffer serious, long-term, and even life-threatening injuries.
If you have suffered an injury because a doctor, surgeon, nurse, or other healthcare professional made a medical error of commission, contact a Palm Beach County error of commission lawyer today. An experienced medical malpractice lawyer can help investigate a patient’s claims, work with medical experts to gather evidence, and help those injured recover compensation for their injuries.
Medical Negligence and Errors of Commission
Doctors and other medical professionals have to abide by a standard of care. Florida Statute §766.102 reads, in part, “The prevailing professional standard of care for a given health care provider shall be that 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.”
Pursuant to this statute, anytime a person has been injured because of a doctor’s affirmative action, they will need to prove that their injury would not have occurred were it not for the doctor’s negligent actions and that another doctor delivering the same care would not have caused the same injury. Medical malpractice cases that are filed because of an error of commission are therefore factually complex and often require the testimony of medical experts to prove liability.
A Palm Beach County medical malpractice attorney who has substantial experience representing parties affected by medical malpractice can help investigate the cause of a medical error of commission and help injured victims and their families recover compensation for their injuries.
Common Errors of Commission in the Healthcare Field
Errors of commission in the medical field can be the result of:
- Failing to diagnose a condition
- Failing to timely treat a condition
- Surgical errors
- Failing to properly monitor a patient
- Failing to conduct tests or examinations
- Improperly reading test results
- Prescribing the wrong or improper medication
An errors of commission attorney will work closely with an individual to determine the cause of a patient’s injury and will review medical records and charts, conduct interviews with treating physicians and staff and work closely with medical experts to help determine liability.
When to File a Medical Malpractice Claim?
Anytime a person believes they have been affected by medical malpractice, they should contact a Palm Beach County medical malpractice attorney who has substantial experience resolving cases caused by errors of commission. It is important to contact a lawyer as soon as possible because Florida has strict deadlines for filing medical malpractice claims.
Under Florida Statute Section 95.11 a person has two years to file a claim for medical malpractice from the time of the incident or within two years from the discovery of their injury. If a person does not file their claim within this time limit, they risk having their case dismissed because it is outside of the statute of limitations. If you have been injured because a doctor or other healthcare professional committed an error of commission, contact a Palm Beach County error of commission lawyer today.