Medical malpractice can be defined as a violation of professional duty by healthcare providers, which deviates from the accepted norms of medical practice, leading to harm or death of the patient.
At Bellotti Law Group, our Boston-based team of medical malpractice lawyers understands that not all unfavorable medical outcomes constitute malpractice. However, many cases reveal that harmful outcomes can be directly attributed to negligence by medical professionals, including doctors, nurses, emergency medical staff, or hospital administrators.
We offer a comprehensive resource for those suspecting they or their loved ones might have fallen victim to medical malpractice. Our aim is to provide answers to pertinent questions such as:
Do you have a Medical Malpractice case?
Example of Medical Malpractice:
We realize that the idea of pursuing legal action can be intimidating, especially after experiencing trauma. Our empathetic team is prepared to guide you through each phase of the legal process.
Medical malpractice lawsuits can be complex, often necessitating expert witness analysis and detailed investigation. They require more than general personal injury cases and need to first pass through the Massachusetts Medical Malpractice Tribunal before proceeding to trial. It's crucial to be represented by a Massachusetts medical malpractice attorney with the expertise, skill, and resources to support your case.
Do You Have a Medical Malpractice Case?
If you're considering filing a medical malpractice claim in Massachusetts, it's essential to understand the basic criteria:
- A medical professional treating the patient made a mistake.
- The patient was harmed due to this mistake.
- To determine whether you have a medical malpractice case, you need to prove:
- A patient-healthcare provider relationship existed.
- The healthcare provider was negligent.
- The negligence caused injury to the patient.
- The injury resulted in damages.
- Frequency of Medical Errors
Sadly, medical errors are a common occurrence. The Journal of Patient Safety estimated that approximately 440,000 people die annually in the U.S. due to preventable medical errors. This frequency makes medical errors the third most common cause of death in the country.
These errors range from objects left inside a surgical patient to missed or wrong diagnosis, medication errors, and hospital-acquired infections.
Missed Diagnosis/Wrong Diagnosis/Failure to Test
Around 5% of adults receiving outpatient care, or 12 million American adults annually, are affected by diagnostic errors according to the National Academy of Sciences' health subsidiary, the Institute of Medicine. Failure to properly or timely diagnose a serious condition can result in critical delays in treatment.
Dangerous Drugs and Medical Devices
Prescription medications and medical devices are a critical part of healthcare. However, if these substances or devices are dangerous or defective, they can cause additional harm. In certain cases, the healthcare provider could be partially or completely responsible.
Infections resulting from medical treatment or surgery can sometimes be the result of medical malpractice. An attorney can help evaluate your situation and guide you accordingly.
Our Massachusetts medical malpractice attorneys offer free initial consultations and typically work on a contingency basis. This means we don't require payment unless the case is resolved successfully.
Statute of Limitations
The Statute of Limitations for medical malpractice lawsuits in Massachusetts is three years, meaning action must be initiated within three years of the incident. However, there's an absolute limit of seven years from the alleged act or omission.
Hospitals may be held accountable for negligence or medical malpractice resulting from treatment within their facility.
Non-economic damages, excluding medical expenses, are capped at $500,000 per Massachusetts law. There can be exceptions for cases where patients suffered significant or permanent loss or impairment of a critical bodily function.
Contact An Attorney
In light of the complexity and high stakes of medical malpractice
cases, it's essential to secure experienced and skilled legal representation. Bellotti Law Group is here to provide such expertise, standing as a robust advocate for victims of medical negligence. Their team understands the intricacies of these lawsuits, from interpreting the nuances of medical information to navigating the stringent timelines and standards of evidence required. If you or a loved one has suffered due to medical malpractice, do not hesitate to reach out to Bellotti Law Group. Their commitment is to provide compassionate, comprehensive legal assistance to help you seek justice and obtain the compensation you deserve.