What to know when a doctor or medical provider causes harm.
A medical malpractice lawsuit seeks damages for an injury caused by the neglect or medical error of a healthcare provider. This includes hospitals, doctors, surgeons, nurses, therapists, nursing homes and many other medical providers.
Medical errors occur every day in Massachusetts. They often result in serious injury or even death.
In order to prove a medical malpractice case, you must prove:
It can be difficult to prove your doctor or healthcare provider was negligent. You must show the treatment you received was below the standard of care of a provider in the same field.
Complicating things further, Massachusetts has specific legal requirements for medical malpractice cases. They restrict when a claim can be made, limit the damages, and require certain types of evidence.
Medical malpractice lawyers in Massachusetts must go before a tribunal panel for a review of the initial evidence. This group includes a judge, an attorney, and a licensed healthcare provider in the same field as the defendant medical provider. The tribunal determines if there is enough evidence for the case to go forward.
In recent years, SUGARMAN played a key role in ensuring that a new law lobbied for by the medical industry, Chapter 231, Section 60L, did not make it even harder for patients to bring a lawsuit for medical malpractice. This law, however, now requires written notice before bringing a lawsuit against a provider.
SUGARMAN's lawyers have over 50 years of experience representing victims of medical malpractice. Our firm has an outstanding track record of verdicts and settlements throughout Massachusetts and has successfully handled almost every type of medical malpractice claim. This expertise has given us a reputation as one of the best medical malpractice law firms in Massachusetts and New England.
If you believe you or a loved one has experienced medical malpractice, contact SUGARMAN. We can help.
The key to effective treatment of cancer is early detection. Doctors and nurses are trained to detect symptoms and complications that indicate a patient has early stage cancer. In addition, there are a number of diagnostic tests that a medical provider can use for early detection before a patient even begins experiencing symptoms, such as a colonoscopy or a mammogram. Unfortunately, some patients do not receive proper medical care and preventative testing and, as a result, their cancer goes undetected, resulting in harm to the patient or even death.
Settlement for family of man who died from colorectal cancer as a result of his primary care physician's failure to perform a sigmoidoscopy, colonoscopy or any of the accepted methods for screening and detecting colorectal cancer. By the time the patient's colorectal cancer was diagnosed, it had metastasized to his liver and lungs.
Settlement against pathologist who misdiagnosed mole as benign. Patient died of melanoma four years later.
Settlement against physicians who failed to follow up on x-ray report of mass in lung in 76-year-old patient who subsequently died from lung cancer.
Pre-lawsuit settlement for family of a 73-year-old widow who died from metastatic lung cancer after cardiothoracic surgeon failed to inform her of a mass in her lung visible on CT Scan three years earlier.
Any injury to a child is a tragic one for the child’s family. The tragedy is compounded in instances where a medical provider fails to provide proper and adequate medical care to a pregnant mother during her pregnancy, labor or delivery. Birth injury cases can involve a failure to detect warning signs in fetal heart tracings, failure to timely order or perform a C-section when warning signs are present or failure to diagnose and treat a dangerous infection in a newborn.
Settlement from obstetrician for brain-injured child for failure to perform C-section sooner.
Settlement for bilateral hearing loss in newborn where lab test showed elevated levels, but lab and physicians failed to act.
Settlement against doctors who failed to perform a C-section in time, leading to oxygen deprivation and Cerebral Palsy in infant.
There are many risks inherent and accepted in surgeries, no matter how big or how small the procedure is. A medical provider making an error and delivering substandard care, however, is not such a known and accepted risk. In the surgical setting, medical malpractice claims can arise out of a number of medical errors, whether they occur pre-operatively during intubation by the anesthesiologist, intra-operatively by the surgeon or in the post-operative setting by doctors or nurses.
Settlement for young mother and her family against a neurosurgeon who failed to properly place a lumbar interbody graft during a fusion surgery. Post-operative stage diagnostic studies revealed that the graft was displaced and deforming her iliac vein and arteries. The patient was left with significant neurological injuries.
Settlement for 48-year-old patient when spinal surgeon damages a nerve root during surgery.
Settlement for family of man who died after undergoing major abdominal surgery for appendiceal cancer. Post-operatively, the surgeon ordered Venodyne boots be applied to the patient's lower extremities in order to mitigate the risk of the patient developing pulmonary emboli. A nurse caring for the patient, however, failed to apply the boots during a 12 hour shift. Soon after, the patient collapsed and died from bilateral pulmonary emboli.
A heart attack, referred to as myocardial infarction by doctors and medical professionals, can be a crippling or even deadly event. Many patients display signs and symptoms of an impending heart attack and often seek treatment in time for medical providers to render care or surgery to prevent serious damage to the heart. Many times, however, the warnings signs of a serious heart attack are overlooked.
Settlement against a primary care physician following the death of a father of two children who died from myocardial infarction as a result of the defendant's failure to appreciate the severity and cause of the patient's complaints and failure to properly interpret the patient's EKG readings.
Settlement against primary care physician for family of patient with multiple high risk factors who died from myocardial infarction.
Substantial recovery for family of man in his fifties who was sent home from a walk-in clinic and died shortly thereafter from cardiac arrest.
Settlement for family of a 47-year-old man who was improperly discharged from the hospital following failure to diagnose and treat evolving myocardial infarction. Second largest medical malpractice settlement reported in Massachusetts in 2017.
Whether it be the wrong drug, wrong dosage or the failure to administer proper medications to address a patient's needs, SUGARMAN lawyers have litigated all types of medical malpractice cases involving medication or drug errors, including cases against doctors, nurses, hospitals, and pharmacies.
Settlement against physician and hospital following the death of a seventy-eight-year-old woman, who died from anoxic encephalopathy following an inappropriate dosage and combination of narcotic and anti-anxiety medications, and improper monitoring during MRI.
Arbitration award for the family of a 68-year-old man who passed away just 12 hours following a routine hip replacement surgery. The patient died from complications of respiratory depression caused by the standard post-operative administration of narcotic pain medications.
Pre-trial settlement for man who developed severe Levaquin-induced tendonitis with resulting complications after his local pharmacy dispensed Levaquin to him instead of a sleep aid. The error went undetected for two months.
Settlement of medical malpractice case on behalf of 70-year-old patient who was over-prescribed NSAIDS (Indomethacin) by physician and nurse practitioner in Quincy, MA, to treat gout for more than two years. The medication caused irreversible kidney failure, forcing the patient into dialysis for several years.
If you are interested in learning more about the various types of medical errors that can give rise to a medical malpractice claim or about how medical malpractice claims differ from other personal injury claims in Massachusetts, we invite you to read more to help educate yourself.
Jury verdict against medical laboratory for negligently reporting test results leading to a patient's permanent nerve damage. The Massachusetts Supreme Judicial Court rejected the medical laboratory's appeal and affirmed the jury's verdict won by SUGARMAN.
Settlement reached for family of 34-year-old man with cerebral palsy who died after accidentally asphyxiating himself between metal railings and the base of his bed after his caretakers left him in his bed awake and unattended for three hours.
A physician's failure to perform emergency CT scan to diagnose spinal cord compression resulted in paraplegia; settled before trial.
Settlement for client and wife against urologist for failure to properly monitor for urinary retention due to enlarged prostate over the course of several years, resulting in kidney failure.