When we need medical care, we put our trust in a large number of people. We want to get better, so we look to our medical professionals for guidance. What happens when you are misled or mistreated?
That is the time an informed New Bedford Medical Malpractice lawyer is needed in your corner. Goldberg & Weigand has experience handling many different types of medical malpractice cases. We know that this can be a challenging time for you, especially if you are in the middle of your recovery. These are complex legal cases that need to be handled by experts, and we can help you through every step of the process.
What is Medical Malpractice in Massachusetts?
There can be many different problems that fall under the umbrella of medical malpractice. It takes a skilled New Bedford medical malpractice attorney to build a claim. To fit the definition of medical malpractice, the personal injury claim must fit the following criteria:
- The standard of care is violated: Through the law, there are medical standards that healthcare professionals must uphold. This standard of care is recognized by all healthcare professionals throughout the country. You as a patient have the right to this standard of care regardless of who you are, where you go, or your ailments. If we can determine that your standard of care wasn’t met, this is a case of negligence which is medical malpractice.
- You sustained an injury due to negligence: Receiving less than the standard of care isn’t enough for your medical malpractice claim to be valid. You must also prove that you sustained an injury or multiple injuries because of this negligence. For example, some patients think that medical malpractice includes an unfavorable outcome. However, this isn’t the case. Patients can’t file personal injury claims because they didn’t get the results that they wanted. You must prove that the negligence in the case caused in injury. If you have an injury without negligence, then you don’t have a case. You must have both of these to file a claim.
- You sustained serious injuries and damages: When you embark on a medical malpractice lawsuit, you will find they can be costly. You are trying to prove negligence and you’re going against medical professionals and healthcare institutions. Many cases are built around hours of testimony and depositions with medical experts. For your case to be viable, you need to show that you received damages because of the injuries sustained from negligence. Damages can include loss of income, pain and suffering, hardship, and even future medical bills. All of these criteria must be met in any medical malpractice claim you are presenting.
What are some examples of medical malpractice?
Medical malpractice can encompass many different things, which is why you need a qualified attorney to direct your case. Contacting an experienced New Bedford Medical Malpractice attorney will streamline the process of your personal injury lawsuit. Big institutions can have you tied up with paperwork for years, and a skilled New Bedford Medical Malpractice attorney will fight this process. We have handled many cases of medical malpractice, including:
- Failure to diagnose
- Misreading lab results
- Unnecessary surgery
- Wrong dosage of medication
- Errors during surgery
- Surgery on the wrong site
- Early discharge
- Not getting the patient’s history
- Not ordering proper tests
- Not recognizing symptoms
- Blood contamination
- And much more.
These are only some of the many instances of medical malpractice that we have covered in the past. As we mentioned previously, there are three different points we must validate in your medical malpractice claim. Contact us today to discuss the details of your case.
What doesn’t qualify as medical malpractice?
Many patients are disappointed with their healthcare providers. Just because you aren’t satisfied with your prognosis and care doesn’t mean that you were mistreated. This can be difficult for patients that frequently find themselves in and out of hospitals.
If you become sick after your treatment, you might think that the medical doctor is at fault. However, people become sick on their own, all the time. Especially if these people have compromised immune systems. If your case does not have an injury due to a compromised standard of care, resulting in damages, then you do not have a medical malpractice case. If you have questions about the validity of your claim you should talk to a professional.
Medical malpractice suits can be a lengthy process, especially if you pick an experienced New Bedford Medical Malpractice attorney that is not prepared. We have extensive experience handling medical malpractice suits and we get results.
Medical Malpractice in Massachusetts
Much like any state, the laws differ slightly as you cross each border. In Massachusetts, you have to prove that the “standard of care” was not met. You also have a statute of limitations. You only have three years from the time of the malpractice to file your claim. If you miss out on the three-year window you cannot hold anyone liable for your injuries or damages. There can be some exceptions to this law, like if the malpractice isn’t immediately recognized. If you have missed out on the window of time you need help from an experienced New Bedford medical malpractice lawyer.
You should not have to live with injuries and damages when they were caused by negligence. The minute that you become aware of your injuries, you have three years from that point in time. However, there is no case that is allowed to be brought to court after 7 years unless there are very special circumstances.
Next, your medical malpractice case must go through a tribunal that consists of a justice from the superior court, a licensed physician that can practice medicine in Massachusetts, and a New Bedford Medical Malpractice attorney that can practice law in Massachusetts.
It is at this tribunal where they will determine whether the medical malpractice case has enough evidence to proceed. The tribunal will see evidence from both sides to make their decision. If the tribunal determines that you have no case, you can file a bond to continue the case. So, you need to have an experienced legal team to ensure that the tribunal supports your case.
Don’t risk your medical bills and injuries by tackling a medical malpractice case on your own. Contact us today, so that we can start building your case.