What is medical malpractice?
Medical malpractice is a physical or mental injury to a person caused by negligence or a harmful act.  Determining whether a health care provider may be liable for medical malpractice requires both legal and medical evaluations.

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What are the most common claims of medical malpractice?
a. Failure to properly diagnose a medical condition
b. Failure to properly treat a diagnosed condition
c. Failure to obtain an “informed consent” from the patient prior to treatment

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What damages can I collect as a result of medical malpractice?
Compensation, or damages, awarded in medical malpractice claims vary based upon the type of injury and cause. The most commons forms of compensation include payment for:

• Medical Bills
• Property Damage
• Lost Wages
• Emotional Trauma
• Physical Disability
• Mental Disability
• Pain & Suffering

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I think I have experienced medical negligence and don’t know if I need an attorney. What should I do?
If you feel that you have experienced medical negligence you should immediately contact both your doctor and an experienced medical malpractice attorney knowledgeable in Massachusetts laws.

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What is Liability?
Liability generally means that an individual, company or some other entity may be obligated to pay damages or compensation to another. Any negligent Massachusetts doctor, care provider, technician, or medical facility, may be responsible or liable to pay for damages.

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What is Negligence?
Negligence is the “commission of a civil wrong, a tort, that accidentally causes injury to somebody by reason of failure to perform an expected duty with the care that a reasonably prudent person would use with regard to the safety of other in a particular circumstance.”

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How do you define medical malpractice law?
Medical malpractice law is also known as tort law. Torts are civil wrongs that are recognized as legal causes for lawsuits. Injury or harm received by the victims of such wrongs provides the basis for a claim for damages incurred by the injured party.

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Is medical malpractice considered a personal injury?
Yes. Medical malpractice means that a health care provider caused injury or death to a patient by failing to act within the applicable standard of care. In other words, a physician or other health care provider commits medical malpractice and is negligent when he or she fails to act reasonably under the circumstances and the unreasonable conduct causes harm.

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How long do I have to decide before filing a personal injury claim?
Massachusetts law states that any person filing a medical malpractice claim must do so within a specific time frame:

• Medical Malpractice – within three years of the date of injury or discovery
• Minor – special circumstances arise in Massachusetts for minors. A minor’s statute of limitations begins on their 18th birthday.

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What is a contingency fee?
Medical malpractice attorneys frequently use a contingent fee – wherein the firm is only paid if you receive a recovery. This means that you do not have to pay your attorney before, during, or after, your case if you do not win. If you do win, your attorney fees will be directly attained from your winnings.

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