Personal Injury Caused by Medical Malpractice
Choosing a Massachusetts Medical Malpractice Lawyer

Each year thousands of people are injured or die as a result of preventable medical errors. Discovering, proving and recovering for personal injuries caused by medical malpractice requires a sophisticated team of legal professionals. The attorneys at Breakstone, White & Gluck, P.C., have long been recognized as leaders in Massachusetts in the field of medical malpractice because of our thorough investigation, aggressive representation, and innovative trial techniques.

Negligence due to medical malpractice can occur in any environment where you receive treatment, and can include cases against doctors, nurses, or other health care providers. Examples of cases involving medical negligence include:

Failure to Diagnose

Failure to diagnose or treat medical conditions, such as the negligent failure to diagnose or properly treat cancer, the negligent reading of mammograms or x-rays, the misdiagnosis of cancer, the negligent failure to diagnose or properly treat heart attack or stroke, or the negligent failure to diagnose and properly treat a condition or disease affecting the body may be the basis for a medical malpractice claim.

Surgical Malpractice

Surgical malpractice can arise from a number of errors. Surgical errors include

• Operations performed on the wrong patient
• Operations performed on the wrong part of the body
• Performance of the wrong surgical procedure
• Negligence in performing the operation
• Unnecessary surgical procedures
• Leaving foreign bodies, such as surgical sponges or surgical instruments, inside the patient
• Failure to treat post-operative complications
• Preventable post-operative infections

Surgical procedures that result in significant injuries must now be reported to the Massachusetts Department of Public Health. In 2008, Massachusetts hospitals reported 62 significant surgical events, including an operation on the wrong patient, retained instruments, and wrong-site and wrong-procedure incidents. Many of these events can be prevented by the use of simple surgical safety checklists.

Birth Defects

Birth defects are sometimes caused by medical malpractice by a physician, health clinic, hospital, or pharmaceutical company. Claims may be brought for birth defects arising from the negligence of a health care provider or a defective product. When a pregnant woman undergoes testing during pregnancy, such as ultrasound or amniocentesis, the results must be accurately determined, and the mother must be promptly informed of the results. Certain medications should not be used during pregnancy, because they can harm the fetus. Errors in prenatal care are some examples of medical malpractice cases.

Brain Damage

Brain damage is a personal injury that my result from medical malpractice during anesthesia, during childbirth, or as a result of other events which cause decreased blood flow to the brain, depriving it of oxygen. The damages from brain injury can be extremely severe and are usually permanent. If the brain damage resulted from the negligence of a physician or other medical provider, then the injury can be compensable.

Cerebral Palsy

Cerebral palsy is a personal injury arising injury to a part of the brain known as the cerebrum, which controls motor skills and coordination. Medical malpractice during childbirth may result in cerebral palsy. Doctors and other medical personnel have a duty to monitor the baby’s vital signs during childbirth, and to make sure that the baby is not having an adverse reaction or by observing the heartbeat on the fetal heart monitor. Cerebral palsy is a permanent injury, and is often severe, resulting in large personal injury damages.

Erb's Palsy

Brachial plexus & Erb's palsy Injuries may result from the improper delivery of the baby, resulting in stretching and tearing injuries to a group of nerves in the neck and shoulder known as the brachial plexus. Sadly this is an injury that happens to otherwise perfectly healthy babies, and is often the result of the physician using excessive force during the delivery, and failing to realize that there is shoulder distocia. The nerve damage affects nerve and shoulder function, and often results in atrophy of the muscles and permanent loss of function. Brachial plexus injuries are foreseeable and preventable, and the personal injuries caused by physician negligence are compensable.

Birth Injuries

Other birth injuries may result from negligent pre-natal care, injuries during delivery, failure to perform a caesarian section, or failure to provide medical care to the newborn baby. Birth injuries from medical malpractice can be catastrophic an permanent, and may result in developmental delays, neurological injuries or death. Some other examples of birth injuries or conditions that may be the result of medical malpractice include:

• Bruising, surface injuries, cephalohematoma, and brain injuries caused by foreceps and vacuum extractors
• Group-B Strep disease, which can result in sepsis, pneumonia, or meningitis as many as several months after birth
• Kernicterus, which is a progressive type of brain damage that can develop in infants who suffer from untreated, severe jaundice

Medication Errors

Medication errors result from the use of improper medications, allergic reactions, overdoses, failure to recognize contraindications, or combining medications improperly. Medication errors may be made the doctor, the pharmacist, or the nurse giving the medication.

Learn More About Massachusetts Medical Malpractice Law

For an overview of the laws of Massachusetts which govern medical malpractice, claims, please go to our Summary of Massachusetts Medical Malpractice Law. Remember, this is only an overview; an experienced malpractice lawyer can answer all of your questions and further explain how your case will be handled.

We also suggest getting your medical and hospital records as soon as you suspect there may have been a medical error in your treatment. Medical records are vital evidence in medical malpractice cases. Learn how you can easily get a copy of your medical records.

Choosing a Massachusetts Medical Malpractice Attorney

Medical malpractice cases are complex and difficult, and often take a long time to resolve due to the complexity of the litigation involved. It is important to choose a malpractice lawyer carefully. Our Choosing a Lawyer page answers many questions you may have about choosing a Massachusetts medical malpractice attorney for your case.

Our Case Reports page describes many of the medical malpractice personal injury cases we have successfully handled on behalf of our clients.

If you feel you have a medical malpractice case, it is vital that you act immediately to protect your rights, as Massachusetts has strict statutes of limitations for medical malpractice cases. Please call us at 617-723-7676, or toll free at 1-800-379-1244, or use our contact form.