Medical Malpractice Attorney in MA
Dedicated Personal Injury Attorney Serving Patients in the Boston Area
Massachusetts is renowned for its outstanding medical facilities and research hospitals. There are professionals throughout the world who travel to Massachusetts for the purpose of attending or working at these locations. When we seek medical treatment from a professional, we expect to receive the proper care and diagnosis in a timely fashion. Although the majority of medical professionals adhere to this duty, there are some who fail to provide the appropriate care. In some instances, the failure does not have a lasting and negative result for the patient, but in other unfortunate situations, the patient can suffer painful and even fatal injuries as a result.
At The Law Offices of Barry Feinstein & Affiliates P.C., our medical malpractice lawyers have assisted many individuals and their loved ones with understanding Massachusetts’ specific medical malpractice laws and with seeking the settlement or judgment that they deserve after an avoidable error.
Here’s a rundown of what you need to know about medical malpractice:
- Medical malpractice is when a healthcare provider makes a mistake that hurts a patient. This can happen in many ways, such as by operating on the wrong body part, giving the wrong medication, or failing to diagnose a disease.
- There are many different types of medical malpractice, such as misdiagnosis, surgical errors, medication errors, birth injuries, anesthesia errors, and inadequate informed consent.
- When someone sues for medical malpractice, they can sue different people or organizations, such as the healthcare provider, the hospital, the pharmaceutical company that made the medication, or the nursing home where the patient was staying.
- To win a medical malpractice case, you need to show that the healthcare provider made a mistake, that the mistake hurt you, and that the mistake was the reason you got hurt. You will also need to show that you had a doctor-patient relationship with the healthcare provider.
- In Massachusetts, you typically have three years to file a medical malpractice claim
What is Medical Malpractice?
Medical malpractice, at its core, is a grave breach of trust within the healthcare system. It occurs when a doctor, nurse, or other medical professional violates the standard of care for their field, harming a patient. This injury can include surgical errors, misdiagnosis, medication errors, and inadequate treatment. Negligence can cause severe injury, prolonged suffering, or death.
What are the Forms of Medical Malpractice?
Medical malpractice occurs when healthcare providers fail to give adequate treatment, harming patients. Understanding common medical misconduct may reveal different challenges:
- Misdiagnosis: Medical professionals may misdiagnose a patient’s disease or fail to diagnose it completely. Delays or errors in therapy may worsen the patient’s health.
- Surgical Errors: Mistakes during surgery, such as conducting the wrong surgery, leaving surgical devices within the patient, or injuring healthy organs or tissues, are considered surgical malpractice.
- Medication Errors: This error can include prescribing the wrong prescription, delivering inappropriate amounts, or overlooking potential drug interactions, which can have serious effects.
- Birth Injuries: Birth injuries can come from medical errors during labor, including inappropriate use of delivery instruments, inability to monitor the fetus’s wellbeing, or delayed reaction to difficulties.
- Anesthesia Errors: Anaesthetic errors can include delivering excessive or insufficient anesthetic, neglecting vital signs monitoring, and disregarding medical history and allergies.
- Inadequate Informed Consent: Patients have the right to be fully informed about the risks and potential outcomes of medical procedures. Failure to obtain proper informed consent can lead to legal claims.
- Nursing Home Neglect or Abuse: In cases of elder care, medical malpractice can involve neglect, physical abuse, medication mismanagement, or inadequate care in nursing homes.
Who Can I Hold Liable in Medical Malpractice?
In cases of medical malpractice, individuals have the legal right to pursue a lawsuit against the responsible parties involved in their substandard medical care. It’s essential to understand the potential defendants in a medical malpractice claim:
- Healthcare Providers: Doctors, nurses, surgeons, anesthesiologists, and other patient-care providers fall into this category. Liability may result from their conduct or negligence.
- Hospitals and Medical Facilities: Hospitals and healthcare institutions can be held responsible for the actions of their employees. This includes issues related to inadequate staffing, improper maintenance of equipment, or failure to enforce safety protocols.
- Pharmaceutical Companies: In cases where medication errors or defective drugs are involved, pharmaceutical companies may be held accountable if their products contribute to patient harm.
- Medical Device Manufacturers: When medical devices or equipment malfunction or are improperly designed, the manufacturers of these products may be liable for any resulting injuries.
- Nursing Homes: In cases of elder abuse or neglect, the nursing home facility and its staff can be sued for their failure to provide proper care and protect residents.
What Evidence Do You Need in A Medical Malpractice Claim?
In a medical malpractice claim, assembling compelling evidence is essential to establishing the negligence or wrongdoing of healthcare providers and institutions. Without the proper evidence, it can be challenging to build a strong case. Here are the key types of evidence needed in a medical malpractice claim:
- Medical Records: Thorough and accurate medical records are the backbone of any medical malpractice case. These records include patient charts, test results, treatment plans, and any documentation related to the medical care received.
- Witness Statements: Statements from individuals who witnessed the malpractice or its effects can be powerful evidence. This can include statements from family members, friends, or other healthcare professionals present during the treatment.
- Patient Relationships: Proving the existence of a provider-patient relationship is a fundamental element in a medical malpractice claim. This relationship establishes the duty of care owed by the healthcare provider to the patient.
- Proof of Negligence. Linking a doctor’s negligence to actual injury is a critical element in a medical malpractice claim. To establish this connection, you’ll need to provide evidence and documentation that demonstrates how the doctor’s actions or omissions directly led to your harm
Massachusetts Medical Malpractice Laws
Medical malpractice claims can take many different forms, including nursing home neglect, misdiagnosis, failure to diagnose, and birth injuries. Other scenarios involve technical failings, such as surgical errors, anesthesiology errors, or infections resulting from an unsanitary medical environment. Regardless of the scenario in which your claim arises, there are very specific rules that Massachusetts residents must follow when bringing a medical malpractice claim.
First, there are time limits for when you must file your claim. If you fail to file within the statute of limitations, your right to recovery is barred. Massachusetts provides a three-year period for an injured patient (or a medical malpractice attorney in Massachusetts) to assert a claim against the medical professional whose negligence caused him or her to suffer harm. If you did not immediately discover the harm, the statute of limitations is tolled until you discovered or reasonably should have discovered the malpractice. There are exceptions to this which may toll the statute of limitations if a minor is involved or there is incapacity and this should be discussed with a lawyer.
Once you have filed your claim, the defendant has an opportunity to respond. Within 15 days of the defendant’s response, the plaintiff must file an offer of proof with a special tribunal made up of three individuals, including a justice of the superior court, a licensed physician who practices in the field of medicine that is relevant to the plaintiff’s claims, and an attorney who is licensed to practice in the state. The panel must determine whether there is sufficient evidence to raise a legitimate question of whether the defendant failed to take the appropriate care. If the tribunal finds that there is not sufficient evidence, the plaintiff must file a $6,000 bond with the court in order to proceed with the lawsuit.
In the action, your Boston medical malpractice attorney must prove that the defendant did not treat you according to the appropriate level of care. This is defined as the same protocols and practices that a medical professional with similar training and experience in the region would have used when treating the same patient. In most situations, it is necessary to consult with a witness to help explain how the defendant’s conduct fell below the standard of care.
If you are successful in establishing the breach, you will be entitled to compensation from the defendant. Massachusetts has enacted caps on certain categories of damages in a medical malpractice action, including pain and suffering, but others are not capped. Consult with an experienced medical malpractice lawyer to ensure that you receive the maximum amount of compensation that you deserve.
Why Do I Need a Medical Malpractice Attorney in MA?
Medical malpractice cases require legal assistance for many reasons. MA medical malpractice attorneys can help you navigate this complicated procedure. Key reasons to hire a lawyer:
- Investigation and Evidence Gathering: An attorney has the resources and abilities to thoroughly investigate your case. They can gather medical data, professional opinions, and witness statements to establish a strong case for you.
- Protection of Your Rights: Your attorney will safeguard your rights throughout the legal procedure. They will protect your interests from insurance companies and healthcare providers.
- Negotiation and Settlement: Medical malpractice claims are often resolved through discussions and settlements. An attorney can negotiate with the other party to get you a fair settlement for your injuries and losses.
- Trial Representation: If your case gets to trial, it’s crucial to have an attorney with trial expertise. They will properly present your case, cross-examine witnesses, and argue in court.
- Understanding of Medical Standards: An attorney collaborates with healthcare specialists to evaluate your case and identify any breaches in the standard of care. They can prove this assessment in court.
If you think you were a victim of medical malpractice in Massachusetts, you need a lawyer. Calling a Massachusetts medical malpractice attorney starts your search for justice and recompense. Don’t delay this crucial step.
Call our Medical Malpractice Attorney in MA Now!
At The Law Offices of Barry Feinstein & Affiliates P.C., we can handle malpractice claims on behalf of residents in areas around Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, and Peabody, among other cities. We know how stressful this situation can be and understand that you likely have a plethora of questions about the legal process and whether you have a viable claim. Our diligent team of legal professionals can handle your case with the attentiveness and compassion that you deserve during this time. To schedule your free consultation, call us or contact us online to get started. We also handle cases arising from defective products, slip and fall accidents, and other accidents.