MASSACHUSETTS MEDICAL MALPRACTICE
Medical malpractice in Massachusetts gives patients injured by a healthcare provider’s medical treatment a cause of action to recover damages. A med mal claim can arise if a healthcare provider fails to treat a patient with the standard of care that is accepted by the profession, and causes the patient injury. There are many examples of healthcare provider error that can give rise to a medical malpractice claim in Massachusetts such as:
Patients injured as a result of medical negligence in Massachusetts should consult a Massachusetts medical malpractice attorney to determine the best course of action for recovery.
Who May Commit Medical Malpractice In Massachusetts
Any healthcare provider can commit medical malpractice in Massachusetts. A healthcare provider in Massachusetts can be an individual such as a physician, psychologist, nurse, dentist, or chiropractor, or an entity such as a hospital, clinic, or nursing home. Any individual or entity that is licensed to provide health services to patients can be a healthcare provider in Massachusetts, and therefore can be liable for medical malpractice. If injured as a result of medical treatment in Massachusetts, a patient should consult a Massachusetts medical malpractice lawyer in order to identify the proper parties in a lawsuit.
Massachusetts Medical Malpractice Statute Of Limitations
Any patient who is injured as a result of medical treatment by a healthcare provider should be aware that Massachusetts has a time frame in which the claim must be filed. A patient injured by medical negligence in Massachusetts must file a claim within three years of the date the injury was discovered, but no more than seven years after the medically negligent act. There are exceptions for medical malpractice claims arising from foreign objects being left in a patient during surgery. Upon discovery of an injury resulting from medical negligence in Massachusetts, a patient should immediately consult a Massachusetts med mal lawyer in order to ensure a timely claim is filed.
Damage Limitations On Massachusetts Medical Malpractice
Massachusetts med mal laws place a cap on the amount of non-economic damages a plaintiff can recover in a medical malpractice action. Non-economic damages include any damages for pain and suffering, loss of companionship, or other general damages. Massachusetts medical malpractice law caps such damages at $500,000 unless the patient suffered substantial or permanent loss or impairment of bodily function or disfigurement. For information on medical malpractice damage caps in Massachusetts and what circumstance can cause a higher damage amount, consult a Massachusetts med mal attorney prior to filing a claim.
How to File a Medical Malpractice Claim in Massachusetts
Filing a med mal claim in Massachusetts requires a plaintiff have knowledge of legal procedures in order to ensure the claim is properly submitted and not dismissed. A Massachusetts medical malpractice attorney can help a plaintiff by drafting the complaint and ensuring legitimate med mal claims are not dismissed prior to a plaintiff having an opportunity to recover damages. Additionally, medical malpractice claims in Massachusetts will be met with vigorous defense from experienced and well-trained attorneys working for the defendants and their insurance companies. The process between filing a med mal claim and recovering damages can require a plaintiff offer expert testimony, interview witnesses, and present legal arguments that can support a damage request. A Massachusetts medical malpractice attorney will be able to guide a plaintiff through the process and provide the best advice for recovery.
Massachusetts Annotated Laws
Massachusetts Medical Malpractice
|
|