There is No Excuse for Medical Malpractice
When you go to a hospital or clinic for medical treatment, you trust the doctors and medical staff to provide you with competent and professional healthcare. Unfortunately, as countless medical malpractice victims have discovered over the years, this trust is often misplaced.
If you or a loved one has suffered an injury because a doctor, nurse, or other hospital staff member failed to follow proper procedure, or worse, engaged in outright negligence, you may be able to seek compensation.
At Weigand Law, we understand how traumatic medical malpractice injuries can be, which is why we are committed to helping you hold negligent hospital staff accountable for their actions. You should not have to suffer just because a medical professional can’t do his or her job properly, so contact us for compassionate legal guidance from an experienced personal injury attorney.
Malpractice Claims: The Basics
In the most basic terms, medical malpractice occurs when a doctor or some other medical professional ignores or simply fails to follow established medical procedures. Malpractice can take many forms, including a:
- Medication error such as giving the wrong dosage or incorrect medication
- Surgical error or medical mistake
- Misdiagnosis or delayed diagnosis of a medical condition
- Birth injury, which can lead to a brain injury or nerve damage
These accidents and nonstandard practices can result in illness, injury, and in some cases, death. If a loved one dies, however, you may be able to file a wrongful death suit.
In any case, medical malpractice claims can be quite complex, which is why it is best to contact a lawyer to learn what legal options may be available.
The Sooner You Call Us, The Sooner We Can Help
No patient expects to be treated in a manner that is substandard or unethical. However, when the negligent, nonstandard, careless, or dangerous behavior of a medical professional results in an injury, you need to speak with an experienced medical malpractice attorney immediately.
Contact Weigand Law today to schedule a FREE consultation with one of our lawyers. We represent injury victims throughout the communities of Eastern Massachusetts, Cape Cod, and the Islands. You can reach out to us online or by calling 508-775-3118, 24 hours a day.
Frequently Asked Questions
What is medical malpractice in Massachusetts?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and that failure causes injury to a patient. The standard of care is defined as what a reasonably competent provider in the same field would have done under similar circumstances. Malpractice can involve surgical errors, misdiagnosis, delayed diagnosis, medication errors, birth injuries, anesthesia errors, and failures to obtain informed consent, among other situations.
How long do I have to file a medical malpractice claim in Massachusetts?
The statute of limitations for medical malpractice claims in Massachusetts is generally three years from the date you knew or reasonably should have known that you were harmed by the negligence of a healthcare provider, under M.G.L. c. 260, § 4. There is also an absolute seven-year limit from the date of the negligent act, with limited exceptions for cases involving foreign objects left in the body. These deadlines are strictly enforced and the rules are more complex than in standard personal injury cases. Contact an attorney as early as possible.
Do I need an expert witness to pursue a medical malpractice case?
Yes. Massachusetts law requires that medical malpractice claims be supported by expert testimony establishing that the defendant failed to meet the applicable standard of care and that the failure caused your injury. Before filing suit, Massachusetts also requires a tribunal review under M.G.L. c. 231, § 60B, at which you must present an offer of proof sufficient to raise a legitimate question of liability.
What compensation can I recover in a medical malpractice case?
You may be entitled to recover past and future medical expenses, lost wages and future earning capacity, pain and suffering, and loss of enjoyment of life. In cases involving particularly egregious conduct, additional damages may be available. Massachusetts does not currently cap compensatory damages in medical malpractice cases.
What should I do if I think I have been a victim of medical malpractice?
Request and preserve all of your medical records related to the treatment at issue. Write down everything you remember about your care, including dates, providers, and what you were told, while it is still fresh. Do not discuss the matter with the healthcare provider’s employer or insurer before speaking with an attorney. Medical malpractice cases are complex and time-sensitive, and early consultation with an experienced attorney is important.
What does it cost to hire a medical malpractice attorney?
Weigand Law handles medical malpractice cases on a contingency fee basis, meaning there may be no fee unless you recover compensation. There is no upfront cost and no fee for an initial consultation.