When you visit a hospital or doctor’s office, you trust that they will do a good job assessing your injuries and ailments. Unfortunately, many patients fall victim to a doctor’s careless actions, sustaining more injuries in the process. Those who fail to give their patients the care and treatment they deserve should be held liable for their disregard of a person’s health.
If you were the victim of medical malpractice, there might be ways for you to be compensated for your injuries. A Dorchester medical malpractice lawyer could review the facts of your case and inform you of your eligibility to receive compensation. To schedule a consultation, reach out to a well-versed injury attorney today.
Although some doctors provide their patients with the care and safety they deserve, other doctors often fail to do so. Common examples of medical malpractice cases may include:
There are risks associated with many medical procedures, however, those risks do not include substandard care or incompetence on the part of healthcare providers. Those who have sustained damages as a result of medical malpractice should retain the services of a medical malpractice lawyer in Dorchester to hold the doctor accountable for their carelessness.
Under Massachusetts General Laws Chapter 260 Section 4, a plaintiff has three years from the time of the incident in which to file a medical malpractice lawsuit. In some cases, it may take time for symptoms to develop and the proper diagnosis to be made. In such situations, the statute of limitations begins when the patient discovers injuries resulting from medical malpractice. That does not give a patient an indefinite period for filing a lawsuit. Under state law, a plaintiff cannot file a lawsuit for medical malpractice if the incident resulting in the injury occurred more than seven years previously. The only exceptions to the seven-year rule are when a foreign object is left in a patient’s body, or if the patient was less than six years old at the time of the malpractice. A seasoned lawyer could help injured victims with filing a claim within the statute of limitations.
Under Massachusetts law, when a medical malpractice lawsuit is filed, the plaintiff or their attorney must present an offer of proof to a Massachusetts superior court justice, an attorney licensed to practice in the state, and a doctor licensed to practice in the field relating to the alleged injuries. This tribunal determines whether the evidence proves whether the healthcare provider was indeed negligent. The tribunal consults the plaintiff’s medical records and test results, the healthcare provider’s treatment notes, and other relevant medical information. If the tribunal decides there is enough evidence, the lawsuit may proceed. If the tribunal does not find such evidence, the case may still proceed.
However, the plaintiff must file a bond with the court, covering the defendant’s court costs and legal fees if the lawsuit fails. The bond requires posting within 30 days of the decision or any filing of the lawsuit is dismissed.
If you have suffered a medical malpractice injury, you may be able to recover compensation with the help of an experienced attorney. A Dorchester medical malpractice lawyer could review the details of your case in order to determine liability. An attorney could also review your losses and make an accurate estimate of what you should be owed. Schedule an appointment to get started on your case today.