Lynn Medical Malpractice Attorney

If a healthcare provider injured you because they deviated from the accepted standard of care in the area, you may have the right to pursue a medical malpractice claim. However, these cases are highly complex and require the skill and experience of a seasoned medical malpractice lawyer. Here’s what you need to know about pursuing this type of legal claim.

Common Types of Medical Malpractice

Medical malpractice can take many forms, including:

• Failure to diagnose: This mistake happens when a healthcare provider fails to diagnose you with a specific condition when other medical professionals would have been able to.
• Misdiagnosis: Misdiagnosis occurs when a healthcare provider diagnoses you with the wrong medical condition, thereby preventing you from getting the treatment you need and subjecting you to treatment that may be unnecessary or even harmful.
• Surgical errors: Surgeons may nick arteries, leave sponges in patients, perform the wrong surgery, or commit other medical mistakes.
• Failure to monitor: Patients in various conditions must be closely monitored so that healthcare providers can respond to an emergency.
• Hospital-acquired infections: These infections occur after a patient has been admitted for another condition and are often due to the failure to mandate, enforce, or follow sanitary procedures.
• Medication errors – Medical professionals may fail to learn about a patient’s allergies to other medications or contraindications with other medicines.

An experienced Lynn medical malpractice lawyer from The Cashman Law Firm can investigate your case to determine if it rises to the level of medical malpractice.

The Process of Filing a Medical Malpractice Claim in Massachusetts

Massachusetts law places several legal hurdles in the way of medical malpractice victims. First, the case must go through a tribunal. The tribunal consists of a single justice of the superior court, a physician licensed to practice medicine in the state, and an attorney licensed to practice law in the state. If the defendant is not a doctor, a representative of the defendant’s field is on the panel instead of a physician.

A hearing takes place 15 days after the defendant files their answer to the plaintiff’s complaints. At the hearing, the tribunal considers the plaintiff’s evidence, such as:

• Medical records
• Nurse’s notes
• X-rays and other diagnostic tests
• Expert witness testimony

The tribunal decides whether sufficient evidence supports a medical malpractice case. If it is, the case moves on to the litigation phase. If not, the case can still proceed, but the plaintiff must file a $6,000 cash bond. The tribunal can reduce or increase the bond amount. If the bond is not posted within 30 days, the action is dismissed.

If the case proceeds to litigation, a medical expert must testify about the accepted standard of care under the circumstances and how the defendant deviated from it.

This process is complex, but an experienced Lynn medical malpractice lawyer can guide you through it.

Contact The Cashman Law Firm Today for a Free Consultation

If a negligent healthcare provider injured you, the Lynn medical malpractice lawyers from The Cashman Law Firm are here to help. We can determine who is responsible for your injuries, gather strong evidence, and present expert witness testimony to support your case. Contact us today for a free case review.