Massachusetts Medical Malpractice Lawyers
According to a recent study published by the Journal of American Medical Association (JAMA), medical negligence is the third leading cause of death in the U.S. – just behind cancer and heart disease. It is estimated that preventable medical errors kill over 250,000 patients each year! This number is both astonishing and frightening.
Medical negligence can take many forms and may include:
- Failures to diagnose
- Delays in diagnosing medical conditions
- Adverse drug reactions or drug interactions
- Prescription drug errors
- Surgical errors
- Anesthesia errors
- Delays in treating infection
Medical malpractice (i.e., medical negligence) happens when a doctor, nurse, dentist, or other medical provider fails to provide proper care. More specifically, a patient must show that a doctor or medical provider failed to follow, or adhere to, the required “standard of care” for their medical specialty. The standard of care is defined as what a “reasonably prudent” doctor or medical provider would do under the same or similar circumstances.
It is worth noting, however, that a bad medical outcome does not always mean that a doctor or health care provider was negligent. In almost all cases, a patient will need to support their claim with an opinion of a qualified medical expert, who is able to state exactly what mistakes occurred and how they could have been prevented.
Many medical malpractice injuries are caused by human error and may be avoided by following appropriate standards of care and having high standards of practice.
Unfortunately, when standards of care are not followed or other mistakes are made, injuries from medical malpractice can be severe and deadly.
Because of the complexity of medical malpractice cases, it is important to hire a qualified medical malpractice attorney who can work on your behalf and who knows how medical malpractice cases work. In Massachusetts, all medical malpractice cases must first be presented to what is known as a medical malpractice tribunal. A tribunal is typically made up of at least one judge, one attorney and one medical provider. The purpose of the tribunal is to act as a screening tool for medical malpractice cases and acts to “weed out” cases that have legal and medical merit from those that do not.What Damages Can I Recover for My Medical Malpractice Case?
Injuries from medical malpractice can be severe and in many cases, life-changing. For example, failure to timely diagnose cancer may drastically reduce a patient’s chances of achieving a favorable medical outcome. Similarly, failure to property treat an infection may lead to sepsis and death. If you or a loved one has suffered injuries as a result of a medical error, you may be entitled to recover compensation for your injuries and losses including:
- Recovery for past and future medical expenses
- Recovery for loss of future earnings or income
- Damages for pain and suffering
- Damages for loss of chance of a favorable medical outcome
- Damages for the loss of companionship of a loved one
- Damages for emotional distress
In cases where a patient is unable to return to work, or in cases where a patient will require ongoing or long-term care, additional experts will likely be needed to support any claims for future financial losses or harm that has occurred. These experts may include Certified Life Care Planners, Nurse Consultants, Hospitalists, or Economists. The medical malpractice attorneys at Curran & Desharnais have worked with experts in all of these fields and will immediately work to assemble the right team to successfully prosecute your medical malpractice claim.Do I Have a Medical malpractice Case?
The medical malpractice lawyers at Curran & Desharnais in Weymouth represent victims of medical negligence from all over the Commonwealth of Massachusetts including clients in Suffolk County, Norfolk County, Plymouth County, Barnstable County, Bristol County, Essex County, Middlesex County, Dukes County and else ware. We will immediately begin working on your case and will first begin by gathering all medical documents and records in order to analyze and identify any possible errors or deviations from the standard of care. We will then retain and secure the opinions of any experts we need to prove negligence and will aggressively pursue your claim against any and all responsible parties.
The consultation is always free and we do not get paid unless we are successful in recovering compensation on your behalf either through settlement, mediation, arbitration or trial. CALL TODAY 781-277-3262.