If you or a loved one has been injured in Massachusetts due to a medical mistake by a doctor or other medical provider, you may be entitled to compensation for your medical bills, lost income, pain and suffering, among other losses. The experienced medical malpractice lawyers that we work with here in Massachusetts charge no fee until you receive a settlement or award. Contact us 24/7 toll free at 1-800-992-6878 or fill out a contact form online for a free (no obligation) case evaluation.
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What is a Medical Malpractice Case?
Medical malpractice is simply a mistake made by a health care provider in the course of treatment that causes injury to a patient. This can happen when the doctor makes a mistake such as misdiagnosing an illness or condition, a surgical error or prescribing the wrong dose of medication. Doctors are held to a certain standard of conduct due to the type of work they do. When treatment provided to a patient falls below that standard and causes injury, medical malpractice has occurred. To the left of this page is a list of common medical injuries that could lead to a medical malpractice lawsuit. Do not hesitate to contact our firm to have one of the experienced medical malpractice lawyers we work with determine if you have a medical malpractice case.
How to Succeed in a Medical Malpractice Lawsuit
Your lawyer must prove negligence for a medical malpractice suit to commence. Negligence is proven when a medical professional fails to perform as a reasonable doctor with similar training and experience would perform in the same or similar circumstances.
One of the first things a medical malpractice lawyer should do is order all of your medical records and have a medical expert review them to determine if a lawsuit should be filed. This is an important part of evaluating a medical malpractice case and can be costly depending on the facts of the case.
The insurance company will work hard to protect their own interests and to defend the medical professional accused of malpractice. This means they will generally deny the doctor was negligent and hire their own medical expert to try to disprove your claims.
Due to the fact that medical experts may disagree as to whether negligence exists, a lawsuit will often be filed. However, it is very expensive to hire experts and to bring a case to trial. The insurance companies are aware of this and often attempt to discourage lawyers from filing lawsuits due to the complexity and costly nature of litigating medical malpractice cases.
The entire process of handling a medical malpractice case can be complex and stressful. It is important to hire an experienced lawyer who can navigate the complexities of your case and negotiate with the insurance company while you focus on healing and getting back on track. The medical malpractice lawyers we work with understand this process and can make sure you receive the compensation you deserve for your injuries.
What Am I Eligible To Recover?
In most cases, you will be able to receive compensation for the following:
- Medical Bills
- Lost wages or loss of future income
- Loss of consortium
- Pain and suffering
- Mental anguish
- Scarring (if applicable)
- Permanent disability
- Wrongful death (if applicable)
What Is Informed Consent?
Informed consent means more than saying “yes” to a procedure and signing on the dotted line. In order to give informed consent, the patient must be advised of the risks of the operation or procedure they are scheduled to undergo, including general risks, as well as those risks that may be specific to the patient. The doctor must also inform the patient of reasonable alternatives to a proposed treatment plan. A reasonable alternative can include doing nothing in some situations.
There must be an indication that the patient understood all of the information that was provided to them before they consent. Consent must be voluntarily given by a competent individual. However, informed consent is not necessary in emergency situations, or when the patient is unconscious and unable to consent. Failure to obtain informed consent is a violation of patients’ rights and also may induce the filing of a medical malpractice lawsuit in Massachusetts.
Should I Hire a Medical Malpractice Lawyer?
Hiring an experienced medical malpractice lawyer greatly increases your chances of winning your case or receiving a larger settlement. The insurance company will often hire their own expert in an effort to try to deny your claim. These cases are handled on a contingency basis, which means there is no fee unless and until you receive a medical malpractice settlement or award. The lawyers and the medical experts that we work with are qualified, experienced, and ready to work on your behalf to achieve a fair resolution for your case.
Contact an Experienced Massachusetts Medical Malpractice Lawyer
If you or a loved one has been injured due to the medical mistake of a doctor, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, among other losses. It is important to hire an experienced Massachusetts medical malpractice lawyer to handle your case and make sure you receive all the compensation you are entitled to. Contact us 24/7 toll free at 1-800-992-6878 or fill out a contact form online for a free consultation of your Massachusetts medical malpractice claim.