Whether you are going to your primary care physician for a regular checkup or seeking emergency treatment in a hospital or urgent care center, you have a right to expect proper care from every healthcare professional who takes you on as a patient. While most practitioners meet this “standard of care” without any issue, the few who do not can cause very serious harm to patients.
If you believe misconduct by a doctor, nurse, technician, or any other healthcare provider directly led to you suffering an avoidable injury or illness, you may want to speak with a personal injury attorney sooner rather than later about possible litigation. The dedicated Milton medical malpractice lawyers at Colucci, Colucci & Marcus, P.C. could help you hold the negligent provider accountable and pursue the payments you need and deserve.
Establishing Grounds for a Medical Negligence Claim
Rather than traditional negligence, most medical malpractice cases in Massachusetts are built around proving that a defendant doctor or facility violated the “standard of care.”. This means proving that the defendant(s) acted recklessly or carelessly in a way that an equally qualified and experienced physician would not have under similar circumstances.
Additionally, state courts will not just take a plaintiff’s word for it that a doctor—who has specialized knowledge and training the plaintiff often does not—was negligent to a legally actionable degree. Instead, in accordance with Massachusetts General Laws Chapter 231, § 60B, the plaintiff and their Milton medical malpractice attorney must submit an “offer of proof” to a tribunal consisting of a licensed physician who practices in a field relevant to the plaintiff’s alleged injuries, a licensed attorney, and a state Superior Court Justice.
If the tribunal determines, based on “substantial evidence” presented by the plaintiff, that there is a “legitimate question” of whether malpractice occurred, the case can proceed to court. However, if the tribunal decides against the plaintiff, the case cannot proceed unless the plaintiff pays a minimum $6,000 bond to the court within 30 days and furthermore agrees to pay the defendant’s court costs and legal fees if their lawsuit is unsuccessful.
Types of Medical Malpractice Claims
Our team handles a variety of medical malpractice cases, including:
- Anesthesia errors
- Bedsores
- Birth injuries
- Dental errors
- Failure to treat or prevent infections
- Incorrect treatment or failure to treat an injury or condition
- Misdiagnosis
- Surgical errors
Anyone who is unsure of whether their case constitutes legally actionable malpractice should get in touch with a seasoned Milton attorney right away.
Damage Caps and Filing Deadlines for Malpractice Cases
Mass. Gen. Laws Ch. 231, § 60H generally “caps”—or artificially limits—the maximum compensation a successful malpractice plaintiff can recover for non-economic losses to $500,000. However, this cap does not apply in situations where the plaintiff suffered significant disfigurement or disability from their injuries, or if some other special circumstances would make such a cap unfair to the plaintiff.
Furthermore, as a medical negligence lawyer in Milton could explain, Mass. Gen. Laws 260, § 4 generally gives prospective malpractice plaintiffs a maximum of three years after discovering their injuries to begin the filing process. There is also a “statute of repose” limiting most plaintiffs to seven years maximum to file suit after the malpractice occurred, except in cases involving a foreign object being left inside someone’s body after surgery.
A Milton Medical Malpractice Attorney Could Help
Medical malpractice cases can be tricky. Without a knowledgeable legal professional on your side, your odds of getting a favorable result from this sort of claim are slim.
Fortunately, the help you need is available from the Milton medical malpractice lawyers at Colucci, Colucci & Marcus, P.C. Call today to set up a free case evaluation.
