What is the duty of a court to compel the discovery and remedy of a human error in a medical malpractice case?

"New York", United States of America

The following excerpt is from Mojica v. Metro-North Commuter R.R. Co., 2013 NY Slip Op 32542 (N.Y. Sup. Ct. 2013):

to permit the defendant's employees, in the exercise of due care, to discover and remedy it (see Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 837 [1986]).

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