Medical Malpractice

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 the Boston area) 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.

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 an expert 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.