Medical Malpractice FAQs
We put our trust in doctors, hospitals and other health care providers, and as patients expect the best possible care available. These trusted medical professionals must provide you with a reasonably skilled level of care to ensure you do not end up suffering a worse illness or injury as a result of getting medical help. Unfortunately, this is not the case at all times. Occasionally healthcare providers aren’t able to live up to their obligations resulting in a patients conditioning become worse or injuring a patient. If this happens one may be able to file a medical malpractice claim.
When medical negligence occurs, it can be extremely devastating and cause serious complications including physical, financial and legal consequences. In order to help you better understand the legal consequences of medical negligence the Attorney Injury Group has prepared some medical malpractice FAQ’s.
Frequently Asked Questions
When can I sue for medical negligence?
When a doctor or medical care provider is negligent it is called medical malpractice. Medical malpractice is a type of negligence. In order to prove medical malpractice, you must be able to prove that the doctor or healthcare provider provided care that was below the standard of care of the average qualified specialist practicing the specialty. For instance, if you claim an orthopedic surgeon was negligent in your medical care, you must prove that your doctor provided you with medical care that was below the standard of the average orthopedic surgeon. You must also be able to prove that the medical malpractice was the substantial contributing cause of your injury.
Can misdiagnosis or failure to read test results properly, lead to a medical malpractice claim?
Yes, if it can be proved that the doctor who misdiagnosed your condition provided you medical care that fell below the standard of the average specialist practicing that specialty. In a misdiagnosis case, you must also prove that the doctor’s malpractice led to an injury or worsening of the underlying disease or condition.
Many misdiagnosis cases involve the misdiagnosis or delayed diagnose of cancer. You must be able to prove that the average specialist practicing the specialty would have diagnosed the cancer at an earlier time. You must also prove that the misdiagnosis or delayed diagnosis of cancer, placed the patient in a worse position then had the cancer been diagnosed at an earlier time. For example, if a woman claims her gynecologist delayed in diagnosing her breast cancer, you must prove that her gynecologist provided medical care below the standard of the average gynecologist, and that as a result of the delayed diagnosis, her cancer was diagnosed at a more advanced stage.
What types of evidence do I need in medical malpractice cases?
Expert witness testimony is needed to prove that the doctor committed medical malpractice.
Who can be sued for medical malpractice?
Healthcare providers including doctors, nurses, hospitals, clinics, dentists, chiropractors or anyone who has a professional obligation to you as a patient can be sued for medical malpractice.
Do I have to go to court?
If your case cannot be settled prior to a trial then you will need to go to court. If a settlement offer is made, your medical malpractice lawyer will help you to determine if the settlement is fair and reasonable.
What types of compensation can I receive?
How much compensation you receive will depend on the circumstances surrounding your case. You may be able to recover for your medical bills, lost wages, permanent impairments, loss of chance, pain & suffering and emotional distress.
Do I really need a lawyer?
Medical malpractice cases are some of the most complex tort cases due to the medical issues involved and because causation can be hard to prove. Having an experienced Boston medical malpractice lawyer will help you build your case, which is essential in order to get you the compensation you deserve.
To learn more about how a Boston medical malpractice lawyer can help you if you are a victim of Massachusetts medical negligence, Attorney Injury Group today at 617-934-7000 or using our online form.