Other Medical Malpractice
Other Medical Malpractice
Experienced Medical Negligence Attorneys Helping Families in the Boston Area
Medical malpractice occurs when a medical professional causes an injury to a patient as a result of providing substandard care. This is a complex area of the law, due to the sophistication of the medical concepts involved in most cases. Massachusetts has specific procedural rules that an injured party and their attorney must follow in order to pursue a claim for medical malpractice. Having an experienced Boston medical malpractice lawyer on your side can make a big difference when it comes to understanding your legal rights and developing a strategy for maximizing your recovery. At Breakstone, White & Gluck, we have substantial experience with medical malpractice claims in Massachusetts, and we are ready to help you fight for the outcome that you deserve.
Medical Malpractice Claims Can Arise in a Wide Variety of Settings
Although many people associate medical malpractice with a mistake during surgery, there are a variety of other ways that it can arise. Mistakes in using anesthesia or failing to address adverse drug reactions are also common. Childbirth is another common setting in which physicians and nurses may fail to provide appropriate care. Some births are stressful and chaotic, but this is not an excuse for avoidable errors. If your infant or you suffer harm during the birthing process as a result of negligent care, you may be entitled to damages.
Meanwhile, diagnostic errors involve failing to make an accurate and timely diagnosis of a condition. The more time that lapses between when a physician should have made a proper diagnosis and when you finally receive the correct diagnosis, the more at risk you are of suffering a devastating or even fatal outcome.
Nursing homes are another common place where medical malpractice can occur. Many elderly individuals in these homes rely on the staff to identify their medical needs and to call a doctor for treatment when necessary. Unfortunately, some of these facilities are understaffed and overbooked with residents. There are also many instances of medication errors in nursing homes where the residents take many different medications multiple times throughout the day.
Seeking Compensation From a Careless Medical Professional
Massachusetts law allows a plaintiff to seek damages for medical malpractice in a civil lawsuit. There are some special rules that apply to this type of claim. For example, within 15 days of the defendant’s response, the plaintiff must submit evidence to a panel of individuals showing that there is substantial evidence supporting his or her claim. If the panel does not agree, the plaintiff must put up a $6,000 bond to proceed with the case. This money will be used to pay the defendant’s attorneys’ fees in the event that the plaintiff does not win.
In the case, the plaintiff’s lawyer must prove that the defendant failed to use appropriate care at the time of treatment. This is a well-defined standard in Massachusetts. It requires medical professionals to use the same practices and procedures that other similarly trained professionals in the region would use when treating a patient with similar symptoms and demographics. After showing that the defendant did not use due care, the plaintiff’s attorney must prove that this failure was the direct cause of the injuries that he or she suffered. This can be the most complex part of the case, especially when the plaintiff had significant or complex pre-existing conditions. You should consult an attorney with ample experience in these cases to make sure that your most persuasive arguments are set forth.
Hire a Boston Attorney for Your Medical Negligence Claim
If you recently suffered harm at the hands of a medical professional, it is critical that you assert your legal rights as soon as possible. We have seen how traumatic and life-changing an incident of medical negligence can be for a victim and his or her family. We aggressively advocate for people in cities such as Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield. Call us now at 1-800-379-1244 or contact us online for a free consultation.