There are probably few people you trust more than your medical care providers. Unfortunately, if you are hurt by the people that are supposed to be taking care of you, the results can be devastating.
Surgeries that go awry or misdiagnoses made by doctors may cause serious physical injuries that have lasting effects or permanent damage. A Boston medical malpractice lawyer could provide injured individuals facing these difficulties with quality legal representation founded on years of experience and knowledge. Call a seasoned attorney today to schedule your consultation. En Español.
Medical malpractice is a legal cause of action that arises from a negligent act or omission by a medical professional that causes an injury or death to their patient. Examples of medical malpractice injuries may include:
Medical malpractice actions may be initiated against surgeons, physicians, nurses, optometrists, hospitals, or other licensed health care providers.
The legal strategy for proving a medical malpractice claim takes a similar approach to other personal injury actions. Every medical professional owes a duty of care to their patients. As such, medical professionals are considered to be acting reasonably when their conduct conforms to the accepted standards for their field under the circumstances.
Evidence demonstrating that a medical care provider deviated from the accepted standard of care could help substantiate a medical malpractice claim. However, it should be noted that poor treatment outcomes, the contraction of an illness, or the development of a medical condition are not always the fault of the healthcare provider.
The law in Boston establishes that medical malpractice actions must be initiated before a tribunal consisting of a superior court justice, a physician licensed in Massachusetts, and an attorney licensed in Massachusetts. A Boston medical malpractice lawyer could help someone file a viable claim.
After the alleged injured person presents their evidence of medical malpractice to the tribunal, the tribunal determines whether it is sufficient to support a claim. In the event the tribunal rules against the plaintiff, the matter may still proceed to trial, but the plaintiff will be required to post a $6,000 bond.
Most types of legal matters are subject to a statute of limitations, which establishes a time limit during which a person can file their claim. The standard statute of limitations for medical malpractice claims in Boston is three years from the date when the plaintiff actually discovered—or when a reasonable person should have discovered—the problem.
However, since symptoms indicating medical malpractice may not always occur contemporaneously with a medical decision or action, there is a slight caveat to this general rule. In addition to the statute of limitations, medical malpractice actions are also subject to a statute of repose which sets additional time limitations.
Under the applicable statute of repose, actions may not be initiated more than seven years following the act or alleged omission purported to have caused the injury. The statute of repose does not apply to actions that involve leaving a foreign object in the body.
If you were injured as the result of actions or omissions by a medical professional, you may want to work with a skilled attorney in pursuit of a successful outcome to your case. A knowledgeable Boston medical malpractice lawyer could represent you and advocate on your behalf before a formal tribunal and in court.