Haverhill Medical Malpractice Lawyer

If a healthcare provider injured you while you were receiving care from them, you may have a viable medical malpractice claim. You could pursue compensation through a legal claim that is submitted to the medical provider’s medical malpractice insurance. However, healthcare professionals will fight against such claims that question their competence and could damage their reputation, so you need an experienced Haverhill medical malpractice lawyer who knows how to handle these complex cases.

What Is Medical Malpractice in Massachusetts?

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care that another medical provider in the same geographic and specialty area with similar experience and expertise would have provided under the same or similar circumstances. Common examples of medical malpractice include:

• Failure to diagnose
• Misdiagnosis
• Delayed diagnosis
• Birth injuries
• Surgical errors
• Anesthesia errors
• Medication errors
• Hospital-acquired infections

These medical errors can lead to serious injuries, including loss of pregnancy, traumatic brain injuries, spinal cord injuries, and organ damage.

What Damages Can I Recover in a Medical Malpractice Claim in Massachusetts?

If a healthcare provider injured you, you may be able to recover compensation for your economic and non-economic damages. Economic damages include direct financial losses you suffered from the incident, including medical expenses and lost wages. Non-economic damages include intangible losses, such as pain and suffering, embarrassment, and loss of consortium. Massachusetts law caps compensation for non-economic damages at $500,000 in most cases.

What Is the Time Limit to File a Medical Malpractice Case in Massachusetts?

Massachusetts has different laws that set time limits around how long you have to file a medical malpractice lawsuit. These are known as the statutes of limitations. Relevant statutes of limitations may include:

• General statute of limitations: Three years – Starts on the date of the injury, but it can be tolled until the patient discovered the injury or should have discovered it but subject to a maximum of seven years.
• Children under the age of six: Extended up to six years, but must be brought by the child’s ninth birthday.
• Foreign object statute of limitations: The seven-year time limit does not apply if a foreign object, such as a sponge or surgical instrument, is left in a patient during surgery.

In some instances, you must notify potential defendants of your legal claim six months before you file a medical malpractice case. If you file a case after the applicable statute of limitations, you can lose your right to recover compensation.

What Is the Role of a Medical Expert in Medical Malpractice Cases in Massachusetts?

Massachusetts requires an expert witness to testify about how the healthcare provider defendant deviated from the accepted standard of care and harmed the patient. This expert witness may testify before the preliminary tribunal and during your trial. They help aid the factfinder’s understanding of what went wrong during your medical treatment.

Contact a Haverhill Medical Malpractice Attorney for a Free Case Evaluation

If you believe your healthcare provider was negligent in your case, a Haverhill medical malpractice lawyer from The Cashman Law Firm can investigate your case and discuss your legal options. Contact us today to get started.