Somerville Medical Malpractice Lawyer
Somerville residents deserve quality treatment when they are sick or injured. When someone needs a doctor, they rightfully expect that a medical professional will help them get better, not worse. The general public places great trust in doctors, and in return, we expect that to receive quality care.
Unfortunately, all too common there are instances of inadequate care that does not live up to the expected standard. If you or someone you love suffered injuries as a result of a medical error, reach out to a Somerville medical malpractice lawyer today. An experienced personal injury attorney can help guide you through the complexities of a medical malpractice case and be there to advocate for you at each step of the process. En Español.
What Behavior is Considered Medical Malpractice?
It is important to note that medical malpractice is not simply having an unwanted health outcome after a medical procedure or treatment. Medical malpractice is when a doctor, nurse, or other medical provider fails to treat their patients with the acceptable standard of care, leading to injuries. Common types of medical malpractice cases include:
- Failure to diagnose or a misdiagnosis
- Surgical error
- Hospital infections
- Errors in prescribing medication
- Blood contamination
Most medical malpractice claims rely on the legal theory of negligence. Any doctor or medical professional who acted negligently may be held liable for a patient’s foreseeable injuries.
Laws Governing Medicine
Massachusetts Code Chapter 231, Section 60B requires that all medical malpractice lawsuits must first be heard by a special tribunal, consisting of a judge, a Massachusetts-licensed physician, and an attorney. The tribunal will hold a hearing where it will determine whether there is enough evidence for the case to proceed to court.
Once in court, to recover compensation in a medical malpractice suit, the injured patient must prove three elements:
- The medical professional owed them a duty of care – the duty of care is determined by how other professionals in similar circumstances would have treated their patient
- The duty of care was breached – the injured patient must prove the doctor did not live up to the expected standard of care
- The breach is what caused the patient’s injuries – medical experts can also testify as to whether the failure to meet the expected standard of care could have caused the patient’s injuries
If the injured patient can meet all three elements, they may be entitled to damages. Damages can include medical expenses, pain and suffering, emotional distress, lost wages, etc. However, under Section 60H of the Massachusetts Code, damages (except medical expenses) are capped at $500,000. A practiced Somerville medical malpractice lawyer can work as an advocate for the injured patient to prove these three elements.
Consulting a Somerville Medical Malpractice Attorney
We put a lot of trust in medical professionals. When they breach that trust by failing to meet their professional standard and you are injured as a result, you can bring a claim for compensation. An attorney can work as an advocate to help you hold the negligent medical practitioner liable.
If you have been injured due to a medical professional’s negligence, contact a Somerville medical malpractice lawyer today. You may be entitled to money damages to help compensate you for your injury and an attorney can help you fight for it.