An error in commission in a medical malpractice case is when a doctor, nurse, or other healthcare provider delivers a treatment but deviates from accepted standards and practices. A Palm Beach Gardens errors of commission lawyer can help injured patients determine if their doctor committed an error of commission by conducting interviews, investigations, and by working with medical professionals to demonstrate that medical malpractice occurred. If you or someone you love suffered an injury due to medical malpractice, consider reaching out to a skilled injury attorney today to discuss your options.

Why Errors of Commission Occur

Errors of commission can occur for a variety of reasons, including a lack of training, medication errors, and surgical mistakes. While doctors undergo extensive training to become a professional in their field, an error of commission can occur because a doctor did not receive proper training in a certain procedure or on how to properly address a condition. In addition, doctors in training during their residency may make an error of commission if supervising doctors do not closely monitor them.

A common example of an error of commission occurs when a surgeon leaves an instrument inside a patient during the course of a surgery. It is estimated that surgeons leave instruments inside 1,500 patients each year, which can lead to serious complications, infections, and even death. A seasoned injury lawyer can assist those who have experienced these events through aggressive representation in court.

Proving Liability

Proving medical malpractice often requires a thorough review of someone’s medical history, records, and an examination of a treating doctor’s notes. Florida Statute section 766.102 defines the general standard for filing a medical malpractice claim and requires a patient to prove that a doctor departed from the expected professional standard of care. However, in a case where someone is claiming that a doctor committed an error of commission, Fla. Stat 766.102(2)(a) provides that a person must also demonstrate that the injury was not within the necessary or reasonably foreseeable results of the surgical, medicinal, or diagnostic procedure constituting the medical intervention.

When to File a Claim

Whenever someone suspects they suffered an injury from medical malpractice, it is critical to contact a dedicated Palm Beach Gardens errors of commission lawyer. There is a time limit in Florida for filing a medical malpractice claim. Known as a statute of limitation, Fla. Stat. section 95.11(4) provides that an action for medical malpractice shall be commenced within two years from the time the incident giving rise to the action occurred or within two years from the time the incident is discovered or should have been discovered with the exercise of due diligence.

An important note is that the statute of limitations merely states “commenced,” which does not mean the court must resolve the case, but rather it must begin. However, if a claim is raised outside of this general two-year time limit, a court may dismiss the case, and an injured patient may be unable to recover for their injuries.

Turn to a Palm Beach Gardens Errors of Commission Lawyer Today

If you or someone you love suffered an injury due to a doctor or healthcare provider’s negligence, consider contacting a weathered Palm Beach Gardens errors of commission lawyer. An attorney can help you investigate the cause of a medical malpractice case, explain liability, and help fight for the compensation you deserve. Reach out to a determined Palm Beach Gardens errors of commission lawyer today for your initial consultation.

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Domnick Cunningham & Whalen

Domnick Cunningham & Whalen

N/a
2401 PGA BOULEVARD SUITE 140
PALM BEACH GARDENS
FL 33410
Phone: (561) 625-6260