Boston Medical Malpractice Attorneys
Despite having some of the best hospitals and doctors in the world in Boston, medical negligence still regularly occurs, causing harm to innocent patients. A medical mistake caused by negligence can cause life-changing injuries or death.
The attorneys at Janet, Jenner & Suggs have more than 200 years of combined legal experience. During that time, we have seen the life-changing effects of improper care by healthcare professionals. Our Boston medical malpractice attorneys are accomplished attorneys who have handled a variety of medical malpractice cases, including those involving anesthesia errors, surgical errors, medication mistakes and the misdiagnosis of cancer. We have the skills and resources to handle cases of all sizes and are not willing to settle for anything less than our clients deserve. Contact us today for a free, no obligation consultation. We will not charge any fees unless we recover compensation for you.
What is Medical Negligence?
If a medical professional, including a doctor, physician, surgeon, nurse, medical technician or other professional, fails to uphold the standards of care of the medical community and causes harm to a patient, the victim may have a right to legal action through a medical malpractice lawsuit.
It is important to note however, that a poor outcome from a medical treatment or illness is not medical malpractice.
It is not always the fault of a medical professional if a person does not take to a certain treatment or becomes sick. It is their fault, however, if he or she failed to act as others with similar training would have under the same circumstances. This is known as an acceptable standard of care.
To file a lawsuit, our Boston medical malpractice attorneys must be able to prove that:
- A doctor-patient relationship existed. This means that you visited the medical professional and he or she agreed to treat you.
- The healthcare professional breached his or her duty of care. Your medical malpractice lawyer must present evidence showing that the medical professional failed to uphold acceptable standards of care.
- The breached duty of care caused your injuries. We must prove that your injuries were a direct result of the medical professional’s substandard care or failure to uphold his or her duty of care.
- You suffered damages as a result. You must have suffered economic or other damages from your injuries caused by the medical professional.
Medical malpractice is very difficult to prove, and the process for filing a lawsuit in Massachusetts is complicated. However, our Boston medical malpractice attorneys are accomplished personal injury lawyers who have the resources and skills to handle this type of case.
We will conduct an in-depth investigation into your claim and consult with medical experts to determine if malpractice occurred and to build your case for you. We will handle all of the details of the case for you and guide you through every step of the process.
Statutes of Limitations for Filing a Claim
If you think you may have a case, you should contact our Boston medical malpractice attorneys as soon as possible.
Massachusetts has strict deadlines for filing medical malpractice lawsuits. The statute of limitations for these types of cases is generally different from those for other types of personal injury lawsuits in Boston or throughout the rest of the state.
Although these are strict deadlines, there are some exceptions to the rule.
According to Mass. Gen. Laws ch. 260, § 4, an injury victim has three years from the date of injury to file a personal injury lawsuit. If you miss this deadline, you will not be able to file a lawsuit or seek compensation.
The discovery rule provides an important exception to the standard deadline. It extends the amount of time a victim has to file a claim if he or she could not reasonably have known that his or her injuries were caused by negligence and that he or she had a case.
This rule allows the three-year statute of limitations to begin on the date that the victim first discovered, or should have known, that he or she was injured because of malpractice.
Deadlines for Minors
Like adults, children who have been harmed by medical negligence have three years from the date of injury or discovery to file a claim. However, if the child is under the age of six, he or she has until his or her ninth birthday to file a lawsuit.
Statute of Repose
Although each of these exceptions can extend the statute of limitations, no claim can be filed more than seven years after the malpractice occurred, regardless of when the individual learned of it.
Because of these strict deadlines, it is important that you contact our Boston medical malpractice attorneys as soon as possible to find out if you have a case. We will work quickly to ensure any applicable statutes of limitations do not expire. However, we must have enough time to investigate and begin your case.
Do not hesitate to contact our Boston medical malpractice attorneys.
First Steps in Filing a Medical Malpractice Lawsuit
If our Boston medical malpractice attorneys review the evidence of your claim and believe you may have a case, and if you are still within the statute of limitations, we can move forward in the process of filing a lawsuit.
The first step is to provide written notice to the healthcare provider or professional that we intend to file a lawsuit against them. The defendant (at-fault party) must have 182 days, or six months, notice before a lawsuit can be filed.
Within 150 days of receiving notice, the defendant will provide a response to the plaintiff (injured party). If at any point the healthcare provider informs the plaintiff that it does not intend to settle the claim, or if the 150 days expires, a lawsuit can be filed.
At that point, our Boston medical malpractice attorneys will file a complaint with the court and will initiate the lawsuit. However, before the lawsuit can proceed, it must be reviewed by a tribunal.
Massachusetts Medical Malpractice Tribunal
In Massachusetts, every medical malpractice case must be reviewed by a tribunal to determine if there is sufficient evidence for a lawsuit. The tribunal consists of one justice of the superior court and one physician and one lawyer licensed to practice in the state.
The physician must be licensed to practice outside of the county where the defendant practices. If the defendant is not a doctor, another individual in the same position as the defendant will assume the physician’s role on the tribunal.
Tribunal proceedings take place 15 days after the defense has filed a response to the plaintiff’s complaint, or initial filing of the lawsuit.
During this process, the plaintiff and his or her attorney must submit an offer of proof to defend their claim of malpractice. This can include medical records, notes from nurses, x-rays and other test results, and any other evidence. The tribunal can also subpoena additional information or records that are needed.
If the tribunal agrees that the plaintiff has a case, the lawsuit can proceed through the judicial system. However, if the tribunal agrees with the defendant, the plaintiff must file a $6,000 bond to proceed with the lawsuit. This bond amount can change at the discretion of the tribunal. If bond is not posted within 30 days of the decision, the case will be dismissed.
All testimony presented at the hearing and the decision of the tribunal can be used as evidence in a trial.
Our Boston medical malpractice attorneys have decades of experience handling these cases throughout the country and are well-versed in the many laws and regulations of Massachusetts. We will guide you through every step of the process and will answer all questions you may have.
Medical Malpractice Damage Caps
If your lawsuit is successful, you will be awarded damages that are meant to attempt to make you whole again and put you in a position similar to before your injuries.
Massachusetts law places a cap on noneconomic damages that are recoverable in a medical malpractice lawsuit. Noneconomic damages include compensation for:
- Physical pain and suffering
- Mental distress
- Loss of enjoyment of life and activities previously enjoyed
Although individuals can recover these damages, they are limited to no more than $500,000 in medical malpractice cases.
However, if the victim can show that he or she has suffered substantial or permanent loss or impairment of a bodily function, that he or she suffered extreme disfigurement, or that other special limitations would severely limit and deprive the victim, the damages cap does not apply and the victim can recover any amount a judge or jury determines to be just.
There are currently no caps on the economic damages that can be recovered in a medical malpractice suit. These types of damages provide compensation for the money a victim has paid out in relation to his or her injuries, such as:
- Past, present and future medical expenses
- Ongoing medical care
- Lost income
- Lost future income from an inability to earn a living
Our Boston medical malpractice attorneys will review the circumstances of your injury and help you determine what compensation you are entitled.
Chat with a representative to find out if you are entitled to compensation.
Comparative Negligence Laws
In some cases, the at-fault party may try to place blame on the victim for his or her injuries. They may argue that the victim’s injuries were at least partially caused by the victim, whether because he or she did not follow the doctor’s instructions, failed to take the recommended medication or did not follow through on specific treatments.
Unfortunately, this is allowed under Massachusetts’s comparative negligence rule. Under this law, a victim can recover compensation so long as his or her contribution to causing the accident was not equal to or greater than the at-fault party’s.
If you are partially at fault for the accident, your recovery will be reduced by your percentage of fault. If you were requesting $100,000 but were found to be 10 percent at fault, you will only be able to recover $90,000.
Our Boston medical malpractice attorneys will gather enough evidence to prove that the at-fault party was responsible for your injuries and will fight for the maximum compensation you deserve.
Get started today. Call 1-877-692-3862.
Experienced Medical Malpractice Attorneys
At Janet, Jenner & Suggs, our Boston medical malpractice attorneys are committed to fighting for the justice our clients deserve. No matter the size of your case, we will work to help make sure you receive the maximum compensation you need for a secure future.
Our team of medical malpractice lawyers includes former nurses and doctors with years of experience in both the medical and legal fields. Their practical experience in the medical industry provides our team with valuable knowledge and resources for investigating and building our medical malpractice cases. We also have strong relationships with medical experts throughout the country who bring additional insight to our cases.
We have been recognized among U.S. News & World Report’s Best Law Firms and many of our lawyers have received AV® Preeminent™ ratings from Martindale-Hubbell®, the highest rating offered for legal excellence.
This recognition is a testament to more than three decades of dedication to fighting for those who have been injured because of another’s negligence. We take pride in our many accomplishments and work each day to continue to fight for what is right for our clients.
Types of Medical Negligence We Handle
Throughout our more than 30 years of experience, our Boston medical malpractice attorneys have handled a wide variety of negligence cases. Some of the most common types of medical negligence include:
Failure to Diagnose or Misdiagnosis
If a medical professional fails to diagnose, incorrectly diagnoses or delays the diagnosis of a severe condition, such as cancer, the individual may have grounds for a medical malpractice lawsuit.
This can include:
- Failing to order the correct test
- Incorrectly reading test results
- Misreading mammograms, x-rays or other lab results
- Negligence in addressing the symptoms and signs of a condition
Medication errors can be made by the prescribing doctor, a pharmacist or a nurse who is administering the medication. Any error in medication can cause severe injuries and may be grounds for a case.
This type of error includes:
- Prescribing or administering the wrong medication
- Prescribing too much medication
- Failing to recognize complications
- Failing to ask about a patient’s allergies
- Toxic combinations of medications
Like medication errors, any error in the administering of anesthesia can have life-threatening consequences for a patient. This can include:
- Failing to take a patient’s allergies into account
- Failing to monitor vital signs
- Administering too much or too little anesthesia
- Poor communication during the procedure
Surgical errors include any mistakes made during surgery that was a result of negligence and could have been prevented. This can include:
- Failing to recognize complications during surgery
- Leaving medical instruments or other foreign objects inside the patient
- Causing harm to other body parts during surgery
- Operating on the wrong body part
- Failing to recognize and treat post-operative complications
Brain injuries can have severe consequences for the patient and can occur under a variety of circumstances, including because of anesthesia errors or surgery complications and during childbirth.
If a medical professional fails to recognize a lack of blood flow or oxygen to the brain, the patient could suffer from brain damage and may have grounds for a negligence case.
Boston birth injuries can be a result of negligent pre-natal care or from errors in delivery and care of a newborn. These injuries can forever change a child’s life and are often caused by:
- Mismanaged labor and delivery
- Negligent fetal monitoring
- Delayed C-section
- Not enough oxygen reaching the fetus
- Negligent care of a newborn
Cerebral palsy is a birth injury that occurs when the cerebrum, which is the part of the brain that controls motor skills and coordination, is harmed. This can have devastating and lasting effects on a child and is often a result of a medical professional’s negligence through a failure to monitor the child’s vital signs.
Our Boston cerebral palsy lawyers are nationally recognized for their work in helping victims of cerebral palsy obtain the compensation they need for their future.
Brachial Plexus and Erb’s Palsy
Brachial plexus and Erb’s palsy occur when a medical professional uses excessive force or improper tools in the delivery of a newborn. The injuries are caused by the stretching or tearing of nerves in the neck and shoulder, which can cause permanent loss of function.
Schedule a free consultation with our medical malpractice lawyers to find out if you have a case.
Schedule a Free Consultation
If you believe your injuries or a loved one’s death were caused by a medical professional’s negligence, you may have legal options. Do not hesitate to contact our Boston medical malpractice attorneys today for a free, no obligation consultation to discuss the merits of your claim.
Our team works solely on a contingency fee basis. This means we will cover the costs for bringing your claim and will not charge you for anything unless we recover compensation for you. At that time, we will only charge a small percentage of your recover.