Cases We Accept

• Vehicle Accidents
• Motorcycle Accidents
• Child Injury & Abuse
• Birth Injuries
• Wrongful Death Lawsuits
• Defective Products & Liability

Blog

Wrongful Death Lawsuits

• Shrewsbury Man Charged with Wife's Murder
• Emmanuel College graduate mourned after bicycle accident

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Library

Wrongful Death Lawsuits

• Factors in a Massachusetts Wrongful Death Lawsuit (Part A)
• Factors in a Massachusetts Wrongful Death Lawsuit (Part B)

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How to Determine if You've Been a Victim of Medical Malpractice

Botched surgical procedures, improper health-maintenance treatment, or even bad advice may constitute a bona fide claim. If you or a loved one has suffered an injury and you suspect medical malpractice, write down the facts surrounding your case and contact a personal injury attorney immediately.

In general, you need these four conditions to seek recovery from damages:

• Legal relationship with the health care provider
• Evidence of substandard care
• Injury caused by medical treatment
• Monetary expense or emotional distress

Even if these all apply to your case, mitigating circumstances regarding informed consent and variable outcomes and diagnoses may bear on the validity of a claim. A medical malpractice attorney can help you determine whether you have grounds for a lawsuit.

Provider/Patient Relationships
You and the care provider or facility enter into a legal relationship when:

a) you sign up for an HMO health insurance;

b) a facility provides a service, such as emergency or scheduled treatment; or

c) you receive health-care advice in person or over the phone.

Testimony on Medical Malpractice
The medical provider's duty in this relationship is compromised when treatment or advice fails to meet the generally accepted standard of quality care. This is determined through the testimony of expert witnesses in the field or through obvious errors, such as surgical instruments left in the body after a procedure.

The burden falls upon the victim to prove negligence or bad intent.

Physical or Mental Injury
Even if a doctor does not follow accepted treatment protocol, no damages can be pursued if a mental or physical injury does not result from the action. Injuries can be claimed in the event of wrong-site surgeries, improper anesthesia administration and some misdiagnoses.

Poor outcomes from surgery and other medical treatments, however, may be considered reasonable risk issues and not subject to liability.

Recovery of Damages
Due to the variable risks and outcomes of medical treatments, doctors are required to carry medical malpractice insurance.

If the courts recognize your claim as valid, you can collect compensation for:

• Medical and surgical expenses
• Wages for time lost from work
• Mental anguish and physical suffering

If you or a loved one have been injured as a result of medical malpractice, contact an attorney who is experienced in handling these types of cases. We will evaluate your case for FREE. Call 1-800-410-2769 today!

Massachusetts personal injury lawyer, Thomas M. Kiley, is a member of the Massachusetts Bar Association and is a respected member of the American Association for Justice and the Massachusetts Academy of Trial Attorneys.

The personal injury attorneys at the Law Office of Kiley Law Group are dedicated to helping the victims of:

• Car, motorcycle, truck, van or bus accident
• Single vehicle accidents such as SUV or 15-passenger van rollovers
• Pedestrian accidents such as a hit and run
• Defective products such as ineffective airbags or seatbelts, prescription drugs with unpublicized side-effects, or hazardous children's toys
• Child injury and child abuse such as negligence
• Birth injuries such as trauma during labor or cerebral palsy

We Serve Clients Across the State of Massachusetts
The firm's headquarters are in Andover, MA and serves the following cities in Massachusetts: Boston, Danvers, Haverhill, Lawrence, Lowell, Methuen, Middleton, Reading, and Salem, MA and Salem, New Hampshire.