Medical Malpractice

Medical malpractice is an all–too–common phenomenon in Massachusetts and elsewhere. One well–known research article, published in the Journal of the American Medical Association, estimated the number of deaths caused by medical malpractice to be 98,000 annually and urged that the incidence of medical malpractice should be considered a national epidemic. Other research studies have estimated that serious medical malpractice may be twice as prevalent as suggested by the JAMA article.

Medical malpractice takes place in a variety of settings, from the operating room to an outpatient setting and a patient should not assume that just because she was treated at a state–of–the–art facility that no error was made. Several studies have shown that most victims of medical malpractice never learn of their doctor's error.

In addition to taking place in a variety of settings, medical malpractice occurs in a variety of forms. Among the most common forms of medical malpractice are failure to diagnose cases, cases of misdiagnosis and medication error. Often these errors, if detected in a timely fashion, can be remedied. But some surgical errors, especially those occurring during childbirth, result in birth defects and other permanent and irreversible injuries.

Even if a doctor performs a procedure, such as an operation, in a technically flawless manner, he may have committed medical malpractice if he performed the surgery, or other treatment, without the patient's informed consent. Where possible, a doctor is required, prior to treatment, to obtain a patient's informed consent. This process involves informing the patient of all important risks associated with a course of treatment. If a patient's informed consent is not properly obtained, the doctor may be liable for medical malpractice even for a completely unavoidable medical complication.

Although many people believe that only doctors can commit medical malpractice, the actions of nurses, paramedics and other medical personnel can also give rise to medical malpractice liability.

If you suspect that you have been the victim of medical malpractice in Massachusetts, you should contact a lawyer right away to investigate your case. Medical malpractice victims in Massachusetts are entitled to recover:

  • lifetime medical expenses related to the medical malpractice;

  • lost wages, lost earning capacity, and other financial losses incurred as a result of the medical malpractice;

  • pain and mental suffering, loss of companionship, embarrassment, loss of enjoyment of life and other emotional damages caused by the medical malpractice, both to date and in the future;

  • money damages for any impairment or loss of bodily function, whether temporary or permanent in duration, that is related to the acts of medical malpractice and;

  • money damages for any scarring or disfigurement caused the acts of medical malpractice

Read more about particular kinds of medical malpractice:

Boston Personal Injury Lawyer Blog - Medical Malpractice