Most people believe that they will get proper treatment and care which they require when they walk into a doctor’s office or a hospital. In the event this does not happen, it may result in serious injury or even loss of life. Often, mistakes or negligence result in catastrophic injury or death. You must have a medical negligence attorney on your side that has your best interests in mind and knows how to handle the law because of the complex nature of these types of cases.
At the Law Office of Matthew M. Foti, We are committed to advocating for the rights of our clients who have been affected by medical professionals’ incompetence or negligence. Substandard medical treatment and neglect should not go uncontested, which is why we are dedicated to ensuring the removal of unfit healthcare professionals from the practice. We know how to take on negligent hospitals, doctors, and medical workers.What Is Medical Malpractice?
Medical malpractice usually occurs when a doctor or any other medical professional does something to a patient that would not be done by any reasonable professional, or when a doctor fails to follow appropriate protocols to treat a patient and causes harm or loss of life from these acts. In other words, medical malpractice is a medical professional’s act or omission (failure to act) that deviates from the established medical standard of care and causes patient harm, injury, or death.Elements in a Medical Malpractice Case
Doctors and other medical staff have a legal duty to follow their profession’s standards.
Cases of medical malpractice are a form of a negligence case, and the elements to establish a successful case involve that:
- The defendant was negligent;
- The negligent act of the defendant caused injury to the plaintiff;
- The damages were sustained as a result of the negligence
Usually, Massachusetts law requires expert medical testimony to support a claim of medical negligence. Also, a panel consisting of a judge, physician, and lawyer must first review your claim to decide whether your case is adequately substantiated and includes a legitimate issue of liability. If the panel decides against you, you can still file your lawsuit, but if you lose at trial, you have to post a $6,000 bond for the defendant’s expenses.Types of Medical Malpractice Cases We Handle
In several ways, medical malpractice can occur. It is not confined to in-hospital care but can occur in a setting where medical treatment is obtained. Such examples of cases of medical malpractice that we treat include
Medication Errors: A common cause of injury or death is mistakes in the choice and dosage of proscribed medication and can occur in both hospital and office settings, as well as in pharmacies and those responsible for prescribing and preparing drugs.Damaged vehicle repairing
Birth Injuries: During the delivery process, doctors or nurses can make critical errors. These errors can lead to permanent brain injury, damage to the nerves, or broken bones during birth.
Misdiagnosis and Timely Treat: This type of claim of medical malpractice is one of the most common and frequently results in a treatment delay leading to medical complications or death. Typical examples include failure to diagnose treatable cancer; failure to examine and treat symptoms that indicate active heart disease or stroke; and failure to diagnose and treat other illnesses and conditions that normally respond well to timely care.
Errors during Surgery: If the case included an anesthetic mistake, an inadvertent injury to the part of the body, or a preventable complication during surgery, such errors may leave the patient with severe medical complications and lead to death in extreme cases.
Wrongful Deaths: The impact on the patient of medical mistakes and malpractice may be devastating and can even result in death. It can be difficult to claim wrongful death claims against physicians or hospitals, requiring convincing evidence to establish that the doctor or medical staff acted in a negligent way that did not conform to the expectations of their colleagues and peers.
A medical malpractice case can be brought against any health care provider in Massachusetts by an injured patient, including a medical practitioner, nurse, physical therapist, and mental health care professional. You can sue for some damages, including pain and suffering, emotional trauma, medical costs, lost earnings, and lost earning capacity. Following the doctrine of comparative fault, you will be awarded damages if you are ultimately successful with your medical malpractice claim.
In Massachusetts, your award for pain and suffering, loss of companionship, and other damages are limited to $500,000. If you can prove that there was a substantial loss or impairment of a body function or substantial disfigurement and that limiting the award would deprive the complainant of just compensation, the law allows increased general damages.Deadline to File a Medical Malpractice Lawsuit in Massachusetts
In Massachusetts, the time limit (‘the statute of limitations’) within which, once a medical error is suspected, a lawsuit must be filed is usually three (3) years from the date on which the alleged malpractice took place or could reasonably have been determined.
The limitation period may be extended if, until a later date (‘discovery rule’), a patient could not reasonably have known of the alleged malpractice, but in no case must a medical malpractice case be brought more than seven (7) years after the negligence occurred, whether or not the error was discovered.Contact Our Boston Medical Malpractice Attorney
If you feel you were wronged by a doctor, nurse, or any other kind of medical professional, it is important to take prompt action. Dealing with medical malpractice cases can be complicated and hard to prove, which is why consulting with our medical malpractice attorney at the Law Office of Matthew M. Foti can be beneficial.
Sadly, money won’t replace a loved one or heal your injuries, however, individuals and families may be entitled to financial relief through a Massachusetts Medical Malpractice Lawsuit. With our office conveniently located in Boston, our attorneys can speak with clients face-to-face about their case.
Get in touch with our Boston Medical Malpractice Attorney by calling (833) FOTI-LAW to discuss your medical malpractice case.