Medical malpractice may involve criminal negligence, malicious intention or strict liability.  The health care provider may not be the doctor, nurse or a member of the staff.  It is possible that the individual is a lab or x-ray technician with certain qualifications for operating advanced medical equipment or interpreting results of tests. 

Some examples of medical malpractice or negligence are misdiagnoses which result in delayed or inappropriate treatment.  Or, more commonly, failure to provide the expected standard of care in a given community. Physical injury can include disfigurement, loss of limb, permanent or disfiguring scars, disability, and loss of one of the five senses.  Mental harm might include emotional trauma, mental anguish, embarrassment, loss of love and affection, or loss of enjoyment.  Lifelong disabilities can result from negligent surgical treatment, dangerous delivery procedures for newborns and/or incorrect and sometimes deadly prescriptions.

A facility or company may also be liable for malpractice.  Many times, a hospital, an ambulance company, a pharmacy or a nursing home will be subject to tort law  - even a class action lawsuit.

Whether your injuries were caused by an accident, malicious intent, or a defect in a product’s design, production or labeling, you have the right to seek compensation for economic and non-economic damages.   If you have suffered physical or emotional harm because of someone else’s unreasonable negligence, you are entitled to file a claim against the party at fault.

In order to prevail in a Med Mal claim, the plaintiff must prove:

(1) that the doctor, nurse, hospital or other health care provider undertook the care and treatment of the plaintiff, and had a duty to use reasonable care to avoid causing injury;

(2) that the health care provider was negligent in fulfilling that duty; and

(3) that the negligence of the health care provider was the “legal cause” of the injury suffered by the plaintiff. Negligence is the “legal cause” of an injury of it directly contributes to producing the injury.

Malpractice laws are extremely complex.  Med Mal claims are governed by strict statues of limitations and also have special legal procedures which must be followed in order to bring a claim.  It is important that you consult an attorney if you believe you have a claim, so that you protect your right to file suit. 

Only an experienced lawyer who knows Massachusetts’ intricate Medical malpractice laws, the court system and individual rights can effectively prove your physical and/or mental injury under state laws.   Kantrovitz & Associates will evaluate your case thoroughly and explore all potential sources of recovery.  We will help you decide your best course of action and we will develop the best legal strategy for demonstrating your claim.  Most cases are brought before an arbitration panel prior to court. It is always advisable to be represented by an attorney during arbitration.

Kantrovitz & Associates’ clients have been awarded monetary damages for medical costs, lost income (past and future), expenses, and pain and suffering.   If you have an extremely complex case, or if death occurs as a result of the negligence, we can refer your case to some of Boston’s most prestigious law firms who have the knowledge and resources to handle complex medical claims.

DAMAGES

If the plaintiff in a Med Mal claim prevails, the defendant is required to place the plaintiff in the same position he was in, prior to the defendant’s negligent act. Although there is no specific formula to determine damages, the following are examples of some of the elements in which recovery is based:

(1) the reasonable value of necessary medical care incurred and which will be incurred in the future;

(2) reasonable compensation for the diminution in the ability to work and earn a living;

(3) compensation for physical and mental pain and suffering, loss of companionship, impairment of a bodily function, and scarring and bodily disfigurement.