Patients entering a Massachusetts medical facility should expect to find skilled professionals, hygienic surroundings, and competent treatment. Unfortunately, these standards are not always met. In far too many cases, the negligent actions of doctors, nurses, and medical staff can cause patients harm. Being mistreated by a health care professional can be traumatic, causing the victims tremendous emotional and physical pain. The effects of medical malpractice are often severe, and victims can suffer long-term and life-threatening consequences.
The attorneys at Sweeney Merrigan Personal Injury Lawyers are passionate about helping medical malpractice victims and their families recover damages for their pain and suffering. The members of our legal team are committed to taking a personalized approach to every case, so each client’s unique needs are met. To schedule a free, no-obligation consultation, give us a call at (774) 341-5778 or fill out our contact form today.
Medical Malpractice Defined
When a doctor or other healthcare provider acts negligently and causes a patient harm, the victim or family may file a medical malpractice claim to recover financial compensation for their losses. For a successful medical malpractice case, your attorney must prove the following:
- The healthcare professional must provide an appropriate standard of care: Healthcare professionals must follow specific procedures and standards to treat and diagnose patients. If they fail to meet these standards, they may have acted negligently.
- Your injury was directly caused by the healthcare professional not following procedures: Your attorney must be able to prove that the nurse or doctor’s negligence directly caused the harm you suffered.
- Your injury has significantly impacted your life: You must also prove that the injury resulted in considerable loss such as suffering, disability, disfigurement, or lost wages.
It is essential to note that simply being dissatisfied with a doctor’s care is not medical malpractice. Malpractice occurs when a doctor, nurse, Healthcare Maintenance Organizations, or other medical personnel acts negligently, and that negligence results in harm.
Examples of Medical Malpractice in Massachusetts
Medical malpractice is a leading cause of death in the United States, with studies showing an estimated 251,000 deaths per year due to medical errors. To make matters worse, there are thousands of ways medical malpractice could transpire. Some common examples of medical malpractice in Massachusetts include:
Birth-Related Injuries
While some birth injuries are unavoidable, many could be caused by negligence such as cerebral palsy. Misusing forceps or failure to execute an emergency C-section could result in life-threatening injuries for the mother and child.
Surgical Malpractice
Many things could go awry any time a patient goes under the knife in the emergency room or hospital. However, it is the surgeon’s duty to ensure the procedure is performed correctly. Unfortunately, negligence involving anesthesia, medical equipment, or operating on the wrong body part is frighteningly common.
Chiropractor Malpractice
Chiropractors are held to the same standard as other healthcare professionals. If a chiropractor fails to refer a patient to a specialist or stretches their body unnaturally, they may have acted negligently.
Prescription Drug Errors
Mixing up medications or dosages can be fatal. Your healthcare provider must ensure the proper medication is prescribed and administered without error.
Misdiagnosis
Doctors must follow specific procedures when diagnosing and treating patients. If a doctor fails to refer the patient to a specialist or order tests, the patient may have grounds for a malpractice claim.
Proving Negligence in a Massachusetts Medical Malpractice Claim
When you partner with a skilled medical malpractice attorney at Sweeney Merrigan Personal Injury Lawyers, they will investigate your case to determine how negligence contributed to your injuries and other losses. Some common examples of negligence in Massachusetts medical malpractice claims include the following:
- Failure to perform adequate diagnostic testing
- Failure to properly monitor the patient
- Failure to take a comprehensive patient history
- Improper prescribing and administration of medicine
- Failure to obtain informed consent for surgeries or other medical procedures
- Improper use of medical devices
- Leaving medical equipment inside a patient after surgery
- Delaying treatment
- Insufficient medical training
- Miscommunication between hospital staff
- Hospital infections
While the list above encompasses many common examples of negligence, other factors may have contributed to your injuries. An experienced attorney can review your claim and advise you on the path forward to seek justice on your behalf.
What Is the Standard of Care in a Medical Malpractice Case?
To successfully prove that your injuries resulted from a healthcare provider’s negligence, you must prove that they deviated from the professional standard of care. The standard of care is defined as the level of skill and care an average medical professional would provide in similar circumstances. In other words, your doctor must act as other highly-trained professionals would in the same situation. If your doctor deviates from the standard of care during your treatment and causes you harm, you may hold them accountable through a medical malpractice claim.
Types of Evidence Used to Prove Negligence in a Medical Malpractice Claim
To establish that your healthcare provider deviated from their professional standard of care, your attorney must build a strong claim supported by evidence. A few pieces of evidence your attorney may use to prove your claim include the following:
- Your medical records
- The hospital or healthcare facility’s records
- Photographic evidence
- Video evidence
- Diagnostic test results
- Eyewitness testimonies
- Expert witness testimonies
- Healthcare policies or hospital regulations
- Incorrect prescriptions
- Physical evidence of your injuries
After discovering you may be a victim of medical malpractice, it is essential to act quickly to start your claim. In Massachusetts, the statute of limitations or legal time limit for filing a claim is three years from the date of the injury. While this may seem like plenty of time to pursue justice, it is in your best interest to contact an attorney as soon as possible. Essential evidence may be lost or destroyed over time, and eyewitnesses may forget critical details about what transpired. At Sweeney Merrigan Personal Injury Lawyers, our attorneys can review your case and determine how the statute of limitations applies to your case.
What Damages May I Be Eligible to Collect Through a Medical Malpractice Claim in Massachusetts?
The injuries caused by medical malpractice can be financially debilitating for victims and their families. Fortunately, victims have the right to file a medical malpractice claim to receive compensation for their losses. Your Massachusetts medical malpractice attorney will review your case to determine which damages you may be eligible to collect through your claim. Some damages you may be entitled to include:
- Current and future medical expenses
- Lost wages and earning potential
- Pain and suffering
- Loss of enjoyment in life
- Punitive damages
In Massachusetts, there is a cap of $500,000 for non-economic damages. A few examples of non-economic damages include pain and suffering, emotional distress, or loss of enjoyment in life. However, there is no cap on economic damages, like your injury-related expenses. Your attorney will advocate aggressively on your behalf to help ensure you get the maximum amount of compensation available for the losses you have endured.
PARTNER WITH A TRUSTED MASSACHUSETTS MEDICAL MALPRACTICE ATTORNEY
Medical malpractice is an unfortunate but prevalent occurrence in the healthcare system. If you have suffered harm due to a medical error, you need a highly-qualified medical malpractice attorney on your side. At Sweeney Merrigan Personal Injury Lawyers, our attorneys have over 100 years of combined experience helping clients like you across Massachusetts. We are dedicated to holding negligent parties responsible and helping medical malpractice victims get the compensation they deserve for the damages they’ve suffered. Our medical malpractice team is passionate about holding negligent parties responsible for the suffering they have caused. Our team has been recognized by reputable outlets such as Super Lawyers and have a proven record of achieving favorable outcomes for their clients in Massachusetts. At Sweeney Merrigan Personal Injury Lawyers, we treat every client like a friend and take a caring and personal approach to every case. To learn more and schedule a free consultation, give us a call at (774) 341-5778 or complete our contact form today.
