People go to the doctor expecting to get better, not worse. Yet, a 2016 study from Johns Hopkins University revealed that medical errors are the third leading cause of death in the U.S. If you or a loved one was injured due to the negligence of a doctor, hospital or another healthcare provider, our lawyers may be able to help.
At Morgan & Morgan, our attorneys have nearly 30 years of legal experience handling medical malpractice cases, and they are confident in their ability to take on anyone, even big-name hospitals, to get you the compensation you deserve. Even though each medical malpractice case is different, our attorneys have helped thousands of clients recover monetary damages for medical bills, lost wages and other losses they incurred unnecessarily at the hand of their healthcare provider.
Medical Malpractice Laws in Massachusetts
Doctors, nurses, and other medical professionals are expected to provide a certain level of care to their patients and can be considered negligent if they fail to meet these standards. If a patient is injured as a result of health care provider’s negligence, medical malpractice has occurred.
An example of this would be if a doctor failed to order a standard test that any other doctor would have ordered under typical conditions. If the patient is injured as a result, the doctor may be sued for compensation for medical bills, lost wages and other losses stemming from the patient’s injury.
Statute of Limitations
Patients who suspect that they were injured as a result of their medical professional negligence do not have forever to hold them accountable, though. In Massachusetts, the statute of limitations for filing a medical malpractice lawsuit is three years.
However, if the injury was only discovered after the statute of limitations expired, a patient could still file a lawsuit as long as it was within the statute of repose. The statute of repose places the absolute deadline for how long a patient has to file a medical malpractice lawsuit. In Massachusetts, the statute is seven years, except in cases where a foreign object was left in the body, in which case there is no statute of limitations.
How Can Our Attorneys Help You?
Medical malpractice is one of the most complex practice areas in personal injury law. To handle a medical malpractice case, an attorney must have knowledge of the law and medicine in order to fully understand the details of each case. If you decide to file a lawsuit using a Morgan & Morgan medical malpractice attorney as your representative they will prepare your case by:
- Closely reviewing the details of your injury;
- Collecting evidence to support your claim;
- Determining the potential value of your claim;
- Determining the parties that could be held liable; and
- Walk you through your legal options moving forward.
Types of Medical Malpractice Cases We Handle
Not every injury or adverse outcome at the hands of a medical professional is the result of medical negligence. At Morgan & Morgan, our lawyers have been able to help thousands of patients who suffered injuries as a result of their health care professional’s negligence. Examples of negligence from doctors like anesthesiologists, general care physicians, specialists, surgeons and others include:
- Failure to read a patient’s medical chart or test results correctly
- Prescribed medications in conflict with other drugs a patient was on that caused an allergic reaction
- Misdiagnosed an injury or disease;
- Delayed a diagnosis;
- Administered the incorrect amount of anesthesia; and
- Performed the wrong surgery or an unnecessary surgery
- Left a surgical tool in a patient following surgery
Hospitals have a large staff of employees, many of whom are not doctors, and their negligence could also have caused your injury. Staff members such nurses, technicians, and others could have caused an injury to you in the following ways:
- Neglected or ignored a patient;
- Failed to monitor a patient’s vital signs;
- Delayed or failed to treat a patient according to his or her vital signs;
- Failed to properly care for a patient following surgery; and
- Failed to order standard medical tests.
Nursing homes staff members can be considered negligent in the following ways:
- Failed to properly screen staff members;
- Understaffed their facilities; and
- Failed to appropriately supervise their staff, leading to emotional, physical or economic abuse or neglect.
What Can I Get Compensation for in a Medical Malpractice Lawsuit?
By filing a medical malpractice lawsuit, you begin the process of recovering compensation for medical expenses, lost wages, as well as pain and suffering. If your lawsuit is successful, the amount you recover will be based on the specific circumstance of your case, such as:
- The severity of your injuries;
- Whether or not you have dependents; or
- Your level of fault in causing the injury.
There is also a cap on the amount a medical malpractice victim can receive. In Massachusetts, medical malpractice victims can’t receive more than $500,000 for pain and suffering damages. This cap does not always apply though. In cases where injuries result in a permanent loss or impairment of a bodily function, substantial disfigurement, or some other unique circumstance, the cap on damages is lifted.
How Much Does a Lawyer Cost?
At Morgan & Morgan, we believe every person should have access to quality legal representation, regardless of their income. Therefore, our lawyers work on a contingency-fee basis, meaning they only collect a fee if they win your case. If your case is successful, your attorney will receive a portion of your final verdict or settlement.
To find out more about how one of out medical malpractice attorneys may be able to help, fill out a free, no-obligation case evaluation.