Brockton Medical Malpractice Lawyer

Doctors and nurses are routinely cited in opinion polls as two of the most well-respected professions in America. When you are sick or injured, you expect these experts to provide high-quality care consistent with all the latest medical advances. Unfortunately, that does not always happen—in fact, medical errors are the third-leading cause of death in the United States after heart disease and cancer.

You are encouraged to consult a Brockton medical malpractice lawyer if you believe that you or a loved one has suffered harm because of a healthcare professional’s negligence. A seasoned personal injury attorney familiar with medical negligence cases could provide critical assistance with efforts to hold the at-fault party—or parties—accountable.

Medical Malpractice in Brockton

Medical malpractice lawsuits in Massachusetts are governed by state laws similar to those in other U.S. jurisdictions. However, proving that medical malpractice has occurred is a highly technical process that generally necessitates the services of a Brockton medical malpractice attorney. The following is a brief overview of a few of the more important aspects of medical malpractice litigation.

Statute of Limitations

A statute of limitations is a law that establishes a period of time after which a plaintiff cannot initiate legal proceedings. Per MASS. GEN. LAWS Ch. 260, §4, the statutory deadline for a medical malpractice claim in this state is three years from the date of injury. A dedicated lawyer could help an injured victim with filing a claim promptly.

Expert Testimony

Just about all medical malpractice cases require sworn testimony from expert witnesses. Such testimony is necessary to (1) establish the standard of care, or what an average healthcare professional would have done under similar circumstances, and (2) establish a link between the inferior care provided and the plaintiff’s injury.

Damage Caps

Many states place limits on how much money a plaintiff can recover in a medical malpractice action. According to MASS. GEN. LAWS Ch. 231, §60H, for example, a medical malpractice victim cannot receive more than $500,000 for “non-economic” damages, such as mental pain and suffering. However, this damage cap—as it is called—can be lifted under certain circumstances, such as in cases of substantial bodily disfigurement.

Modified Comparative Fault

The term “modified comparative fault” may sound complicated, but the idea is actually simple. A medical malpractice victim in the Commonwealth would be ineligible to recover any civil damages if they are found to be 51 percent or more at fault for their own injuries and losses. A victim may incur partial blame by—for instance—giving a false medical history, not following the doctor’s orders, and engaging in activities that exacerbate an injury.

Types of Medical Malpractice

While there is no “typical” case a medical malpractice lawyer in Brockton handles, lawsuits of this nature generally fall into one of the following categories:

  • Misdiagnosis – A failure to recognize and correctly diagnose a disease or injury when most other physicians would have done so
  • Failure to treat – Releasing a patient too soon from the hospital, neglecting to follow up, or not making a referral to a specialist when it is warranted
  • Injury during birth – Negligent job performance by any medical professionals involved in childbirth that results in injuries to the mother or child
  • Surgical mistakes – Errors during surgery, such as improperly administering anesthesia, operating on the wrong patient, or leaving medical equipment inside a patient
  • Medication errors – Being prescribed the wrong medication or the right medication in the wrong amount, mislabeling medication, failing to warn of serious side effects, or prescribing medication the patient is allergic to

How a Brockton Medical Malpractice Attorney Could Help

Medical malpractice is a complex subfield of personal injury law concerning the rights of patients who have suffered harm due to receiving inferior care. If you believe that either you or a family member is potentially a victim of such maltreatment, contact a Brockton medical malpractice lawyer to find out what your legal options may be.