Fundamentals of Massachusetts Medical Malpractice Law

You anticipate professional care when you see a healthcare provider. Unfortunately, this is not always the case. If you or a loved one is hurt as a result of a medical professional's negligence, you may be entitled to compensation. Our highly competent Massachusetts medical malpractice attorneys at Denn Law firm may assist you in resolving difficult medical malpractice claims. We have vast knowledge and can assist you in settling or litigating these issues.

Unfortunately, medical errors are all too common. According to an American Medical Association research, medical errors are the third biggest cause of death in the United States, trailing only heart disease and cancer.

Medical malpractice can occur in a variety of ways, including, but not limited to:

• Anesthesiology errors;

• Diagnostic errors;

• Emergency room mistakes and hospital errors;

• Failure to provide adequate follow up care;

• Surgery errors;

• Serious infections;

• Medication errors; and

• Wrongful death.

Medical negligence does not exist just because a negative or unfavorable outcome occurred. Rather, medical malpractice occurs when a patient is harmed as a result of a medical professional's breach of the standard of care. In other words, medical malpractice occurs when a medical professional fails to apply the level of care that a reasonably competent medical professional is responsible to apply.

The plaintiff must prove the following elements to establish malpractice:

1. the medical professional owed the person being treated a duty to adhere to the accepted standard of care;
2. The medical professional broke the duty by failing to meet the standard of care; and
3. The medical professional's failure was a direct and proximate cause of the patient's injury.

It is crucial to understand that Massachusetts follows the comparative negligence doctrine. A medical professional may assert that the plaintiff's carelessness was a contributing cause of the harm under this doctrine. As long as the plaintiff's negligence does not exceed the defendant's or the combined negligence of all defendants, the plaintiff may be able to seek compensation. The compensation will, however, be lowered by the plaintiff's share of fault.

In most cases, a medical malpractice claim must be brought in Massachusetts within three years of the date of the accident. There are some exclusions that may cause this time frame to be extended, and an attorney will be able to inform you if any of these exceptions apply after thoroughly analyzing your case. However, failure to file within this legal limit may result in the loss of your right to compensation in the vast majority of circumstances.

If you have been harmed due to the carelessness of a medical professional, you may be entitled to compensation. Our experienced Massachusetts Medical Malpractice Attorneys at Denn Law firm are committed to holding irresponsible healthcare providers responsible for the harm they cause. Medical negligence claims are complicated, and having an expert lawyer on your side can make or break your case or assist you to get the compensation you deserve. And the right procedure step by step, so you’ll feel easy throughout the process. 

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