Massachusetts Personal Injury Library
How To Determine If You Have Been a Victim of Medical Malpractice
Botched surgical procedures, improper health-maintenance treatment, or even bad advice may constitute a bona fide medical malpractice claim.
If you have suffered an injury and you suspect it was due to a medical malpractice in Massachusetts, write down the facts surrounding your case and contact a Boston personal injury attorney immediately.
Requirements for Seeking Compensation for Injuries Due to Medical Malpractice
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 all of these apply to your case, mitigating circumstances regarding informed consent and variable outcomes and diagnoses may bear on the validity of a claim. A personal injury attorney experienced in medical malpractice lawsuits 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:
- you sign up for an HMO health insurance;
- a facility provides a service, such as emergency or scheduled treatment; or
- 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.
Attorney Tom Kiley has over 30 years of experience in handling medical malpractice lawsuits.
Call 1-888-208-1695 to talk to Tom Kiley!
FREE Consultations.
