Medical errors are everyday occurrences in Massachusetts, and unacceptable medical care that results in serious personal injury or death can and does occur in all aspects of medicine and nursing. Any lawsuit that seeks damages because of negligent care and treatment by a healthcare provider, be it a doctor, nurse, therapist or other, is referred to generally as a medical malpractice lawsuit.
Like all other types of personal injury claims, in order to prove a medical malpractice case, your lawyer must prove that i) the healthcare provider was negligent, ii) the negligence caused the injury, and iii) you sustained a loss or damages as a result of that injury. Proving that a healthcare provider was negligent is done by showing that his or her treatment was below the standard of care that would have been provided to the patient by the average qualified person in the healthcare provider’s field of practice.
Experienced medical malpractice lawyers know, however, that proving medical malpractice in Massachusetts is far from routine. Massachusetts has specific statutory requirements for medical malpractice cases that restrict when a claim can be brought, limit the damages that can be collected, and require specialized types of evidence. For instance, medical malpractice lawyers in Massachusetts must go before a "gatekeeper" evidentiary tribunal before a case can be brought, and proving that there was a violation of the standard of care requires expert testimony from a licensed healthcare provider in the same field as the defendant. One new statute, Massachusetts General Laws Chapter 231, Section 60L, went into effect on November 6, 2012. The medical malpractice attorneys at SUGARMAN played a key role in advocating and ensuring that this new law would not harm patients or their ability to bring medical malpractice claims, and are therefore intimately familiar with the new law’s requirements.
If you or a loved one is a victim of medical malpractice, you need the expertise of highly skilled and experienced medical malpractice lawyers. With over 50 years of experience representing those victimized by medical malpractice, SUGARMAN's medical malpractice lawyers have an outstanding track record of verdicts and settlements, earning the firm’s reputation as one of the very best medical malpractice law firms in Massachusetts. We have successfully handled almost every type of medical malpractice claim; examples include failure to diagnose cancer, birth injuries, anesthesia and surgical injuries, misread laboratory and radiology reports, and failure to recognize and treat early signs of a heart attack.
If you believe that the actions of a healthcare provider fall below the required standard of care, contact one of the medical malpractice attorneys at SUGARMAN. We can help. For more information about SUGARMAN’s medical malpractice work, the cases we have pursued on behalf of clients and a few specific areas of medical malpractice, please click on the links below:
- Your Medical Malpractice Case: Here's What to Expect
- Straight Talk on Medical Malpractice Law in Massachusetts
- Medical Malpractice - Failure to Diagnose Cancer
- Medical Malpractice - Birth Injuries
- Medical Malpractice - Surgical Errors
- Medical Malpractice Verdicts, Settlements and Appellate Cases
- INSIGHTS on Massachusetts Personal Injury Law – Medical Malpractice