Boston Medical Malpractice Attorney
When we seek medical treatment, we expect nothing less than top-tier care from our doctors, nurses, surgeons, and other healthcare professionals. Unfortunately, medical treatment providers are negligent far more often than most people realize, and when an injury is the fault of a healthcare professional, the victim may seek compensation through a medical malpractice claim. The Law Office of Joseph Linnehan, Jr. is dedicated to protect and defending your right to damages after being injured due to medical malpractice in Boston. To learn more, call or contact our office now.
Massachusetts Medical Malpractice Law
Medical malpractice differs from other types of personal injury claims in Massachusetts, with separate laws, rules, and procedures for properly filing a claim for compensation. The statute of limitations, or time to file a case, is three years from the date of the injury or from the date that the victim should have known about the injury; however, there is also a statute of repose that states that a victim cannot bring a claim more than seven years after the injury, regardless of when the discovery about the injury was made.
In addition, a medical malpractice case must go through an extra step in the legal process before the claim can go to trial. Once the lawsuit is filed and the healthcare provider has responded, the injury victim must present an “offer of proof” to a tribunal comprised of a Massachusetts superior court justice, a licensed physician, and a licensed attorney. The tribunal must determine that there is a legitimate question of possible medical malpractice before the case can move forward.
Examples of Medical Malpractice
Medical malpractice can take many forms and can happen at any stage of treatment. Some of the most common types of medical malpractice include the following:
- Failure to diagnose,
- Delayed diagnosis,
- Medication errors,
- Improper treatment,
- Failure to treat,
- Childbirth injuries (to mother and child),
- Hospital-acquired infections,
- Leaving surgical tools inside a patient, and more.
Compensation for Medical Malpractice Claims
Victims of medical malpractice are entitled to collect compensation for the economic and noneconomic harm inflicted on them by a negligent healthcare provider. However, special rules apply to how much compensation a victim can receive for their injuries. Economic damages cover all related medical expenses, lost wages, and the loss of future income and earning potential. There is no cap on the amount of economic damages that a person can receive.
Noneconomic damages compensate a victim for their pain and suffering, emotional distress, disability, disfigurement, and loss of enjoyment of life. Massachusetts law caps noneconomic damages in medical malpractice claims to $500,000, unless there is a permanent loss or impairment of body function, substantial disfigurement, or other circumstances warrant waiving the cap on noneconomic damages.
Talk to The Law Office of Joseph Linnehan, Jr.
Would you like to learn more about your legal options for filing a medical malpractice case in the Boston area? If so, call or contact The Law Office of Joseph Linnehan, Jr. today to schedule a free consultation.