The concept of medical malpractice is relatively simple: If a patient suffered harm due to a medical professional failing to reasonably perform his or her duties, the patient has the right to file a lawsuit to recover resulting damages. But there are complex requirements that must be met pertaining to medical standards of care in order to prove a medical malpractice claim.
You must prove that a doctor-patient relationship was present, and that the doctor deviated from accepted standards of care (this can also apply to a relationship with another medical provider, such as a nurse or pharmacist, or even a hospital, depending on the circumstances of your case). It must be proved that the health care provider was negligent and caused you harm. It must be demonstrated that the act of negligence was the direct cause of the injury. And finally, it must be shown that the injury led to specific damages, such as additional medical bills, and pain and suffering
Like individual medical professionals, hospitals must adhere to standards of care. Hospitals may be held accountable for harm that results when staff or the hospital itself violates these standards or related guidelines for medical facility operations. Examples of hospital malpractice include but are not limited to:
Medication errors, such as the administration of the incorrect medication or an incorrect dose of medication
Failure to recognize or respond appropriately to patient distress
Inadequate sterilization or lack of cleanliness that contributes to infection
Anesthesia errors
It is important to note that hospitals are typically only liable for the actions of hospital employees, such as nurses, paramedics and medical technicians. Surgeons and other doctors who work in hospitals are generally contractors, and when their negligence results in harm the hospitals are usually not liable.
Injuries suffered in childhood due to a pediatric caregiver’s negligence can result in long-term health complications and overwhelming medical and rehabilitation costs. If you suspect pediatric malpractice in your child’s injury or illness, it’s important to discuss your case with an attorney as soon as possible.
The effects of pediatric malpractice are not always immediately evident, as children may be unable to convey the symptoms or the details of a harmful experience. Medical malpractice cases are bound by statutes of limitations, or established time frames in which victims have to pursue compensation for damages.
No one looks forward to surgery, but if you suffered harm due to your surgeon’s negligence, the fears associated with surgical procedures quickly become a reality. And the effects can linger well after the botched procedure.
The attorneys at the Kiley Law Group have an extensive record of success in medical malpractice cases, and we have helped injury victims from across Massachusetts recover the compensation they need to restore their lives. If you suffered harm or a loved one died due to a surgical error, please contact us today for a free, no-obligation consultation with a knowledgeable attorney. Back to Overview
Compensation can vary widely in medical malpractice cases based on the circumstances and the severity of resulting injuries. Damages may include money for:
Additional medical costs
Rehabilitation and physical therapy expenses
Lost wages
Loss of earning capacity
Pain and suffering
In the event of death caused by medical negligence, family members may be able to pursue compensation for funeral and burial expenses as well as other damages, such as loss of consortium and lost earnings. Over 40 years of service, the Kiley Law Group has recovered hundreds of millions of dollars on behalf of our clients. Our experience includes multiple medical malpractice awards of more than $10 million. Please contact us today for your free consultation if you believe medical negligence contributed in harm to you or the death of a loved one.
With early diagnosis, breast cancer can often be successfully treated. But the failure to diagnose breast cancer, or the misdiagnosis of breast cancer, can delay treatment and result in overwhelming medical costs and other problems.
If you believe a late breast cancer diagnosis was the result of a medical professional’s error, please contact the Kiley Law Group today for a free consultation. Our attorneys understand how to thoroughly investigate claims related to cancer misdiagnosis or late diagnosis, and we’re here to help you through this challenging time. Back To Failure To Diagnose
Routine Pap smears, or Pap tests, are among the most preventive measures a woman can take against cervical cancer. However, if a medical professional misinterprets the results of this test, or fails to identify abnormal markers that could indicate cervical cancer, he or she puts the patient’s life at risk.
At the very least, the failure to diagnose cervical cancer, or the misdiagnosis of cervical cancer, can lead to extensive medical costs. The Kiley Law Group has four decades of experience successfully representing medical malpractice victims. If you suspect medical negligence led to a late diagnosis of cervical cancer, please contact us today for a free consultation.
Colon cancer can create physical, emotional and financial hardships for victims and family alike. The challenges can be magnified due to late diagnosis and treatment. The late diagnosis of colon cancer, or the misdiagnosis of the cancer, can increase the stress and costs associated with treatment, as well as the risk of death.
With proper screenings, colon cancer can be detected before physical symptoms are obvious. If you were diagnosed with late-stage colon cancer after previous screenings, or if a loved one died of colon cancer that may have been detected too late due to medical error, please contact the Kiley Law Group for a free consultation. Our attorneys are ready to hear your story and advise you on your legal options. Back To Failure To Diagnose
Facing lung cancer presents daunting challenges for an individual and his or her family. Those challenges become even more difficult when the diagnosis could have been made sooner. The sooner treatment for lung cancer begins, the better the odds of survival, but a misdiagnosis or a failure to diagnose the cancer can compound the costs and physical impacts.
If you believe you were diagnosed with lung cancer late due to medical negligence, please contact the Kiley Law Group today for a no-cost consultation. Our attorneys have decades of success helping medical malpractice victims recover the financial security they need to move forward with their lives. Back To Failure To Diagnose
Accurate and timely diagnosis is essential to treating prostate cancer. Negligence in screening practices, such as the failure to diagnose prostate cancer, or the misdiagnosis of prostate cancer, can delay life-saving treatment.
Prostate cancer is detectable in its early stages, and physicians should recommend screening for those who are at-risk. If you or a loved one received a late prostate cancer diagnosis that may have been due to earlier medical negligence, the attorneys at the Kiley Law are here to help. Please contact us today for a free consultation. Back To Failure To Diagnose
Brain injuries can be life-altering for victims and families, and they are often the result of a traumatic impact, such as that sustained in a motor vehicle accident. But they can also be caused by medical negligence, such as a medication overdose, a failure to diagnose and treat a medical emergency, or the improper use of medical instruments.
The attorneys at the Kiley Law Group understand the extensive costs associated with brain injuries, especially traumatic brain injuries (TBI) that result in the need for long-term care or death. If you or a loved one suffered a brain injury that may have been caused by medical negligence, please get in touch with us today for a free consultation. Back to Other Case Types
Cerebral palsy (CP) is often the result of a preventable birth injury caused by medical negligence. The impacts are frequently permanent, and they can extend to family members. In these circumstances, CP may be related to the failure to diagnose and respond to complications during delivery, the improper use of forceps or other instruments, or failure to identify risk factors such as umbilical cord prolapse.
In addition to the physical challenges of CP, the condition is accompanied by extensive medical costs and long-term therapy. The Kiley Law Group has decades of success helping medical malpractice victims and their families recover the financial peace of mind they need to move ahead. Please contact us today for a no-cost consultation.
Providing the incorrect medication, or providing an incorrect dose of a medication, can be a life-threatening mistake. Errors with medication or the administration of anesthesia can compound a patient’s medical problems, and elevate the costs associated with treatment.
When doctors, nurses, pharmacists or anesthesiologists are negligent in their duties, they can be held accountable for the damages that follow. The Kiley Law Group has more than 40 years of experience successfully representing medical malpractice victims and their families. Please contact us today to learn how we can help you.
Diagnostic tests like X-rays and Pap smears are critical to timely treatment for health problems. But too often, health care professionals misinterpret or just plain miss important information that could lead to proper diagnosis. Failure to diagnose a condition after testing, or the misdiagnosis of a condition based on misinterpreted tests, can have dire consequences for a patient and his or her family.
If you suspect negligence in the medical testing process led to late diagnosis for a health problem, it’s advisable to discuss your case with an attorney. The Kiley Law Group has a proven record of success in medical malpractice cases, and our lawyers know how to thoroughly investigate claims of careless testing practices.
The loss of a loved one due to medical negligence can leave you feeling alone, overwhelmed and burdened with expenses. Medical errors that can have fatal consequences include delayed diagnosis, failure to diagnose, surgical errors, prescription drug mistakes and anesthesia errors.
In these circumstances, it’s crucial to work with a law firm that is well versed in both medical malpractice law and wrongful death cases. The Kiley Law Group has decades of success in medical malpractice and wrongful death cases, and our compassionate, aggressive attorneys know how to recover the compensation you and your family need to move forward with your lives.
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