Medical malpractice occurs when a medical professional’s or medical provider’s negligence causes a patient harm. A medical malpractice claim is a difficult process and it is advisable to understand how a claim can be pursued and preferably obtain legal help from an attorney with specific medical malpractice experience. Medical malpractice law in Massachusetts is similar to that of many other states, with some specific exceptions. This article provides information about how cases of medical malpractice are handled in Massachusetts.
Examples of medical malpractice
The following are the most common examples of medical malpractice:
- incorrect diagnosis of a medical issue;
- failure to diagnose a medical problem early enough for treatment to be effective;
- operating on the wrong organ or tissue
- failure to realize the seriousness of a medical problem;
- operating on the wrong body parts or patients;
- leaving tools or other foreign items inside a patient’s body during surgery;
- incorrect prescription of medication, either wrong dose or wrong drug;
- failure to detect dangerous interaction between different medications administered;
- when organs or tissues have been unnecessarily damaged as the result of treatment or surgery;
- causing birth injuries due to delayed cesarean delivery;
- delivery instruments causing injury due to improper use;
- not detecting or monitoring fetal distress.
Time limits for medical malpractice claims
The state has a specific statute of limitations (time limit) for medical malpractice lawsuits. The time limit is dated from the date the act of negligence took place, or from when the negligence was discovered to have occurred. Massachusetts imposes a three year limit for most medical malpractice lawsuits. After that period has elapsed, most claims would be rejected by the court. Note that the statute of limitations for medical malpractice claims only stipulates that a lawsuit must be initiated within three years, not concluded. The state’s “statute of repose” states that even if the discovery of negligence was not made until well after the three year limit, no claim can be made after a strict seven year limit. One exception to the statute of limitations of three or seven years is if the negligence involved harm from a surgical implement or material, e.g. a scalpel or sponge left inside the patient’s body during surgery.
Sufficient proof of medical malpractice must be available
To prove that medical malpractice has occurred, the plaintiff, or the plaintiff’s attorney, must be able to show that four criteria have been met. The following criteria must be able to be shown to have been met with suitable evidence.
- The medical provider must have had an established duty of care in their relationship with the patient during the period when negligence has been alleged to have occurred.
- The medical provider’s standard of care fell below what would be expected of a ”reasonably competent” equivalent professional providing the type of care received by the patient.
- There was a direct relationship between the negligent actions of the medical provider and the established injury to the patient.
- As a result of the injury, the patient suffered losses that were compensatable, such as the cost of medical treatment, lost income and non-economic damages such as pain and suffering, loss of enjoyment of life, etc.
The medical malpractice claim process
Massachusetts has a state specific initial process before a medical malpractice lawsuit can proceed to litigation in court. Once a medical malpractice claim has been filed with the civil court, the named defendant, i.e. the medical provider alleged to have been negligent, files a response to the claim. Then within 15 days of the defendant’s response being filed, the plaintiff, or the plaintiff’s attorney, must submit what is called an “Offer of Proof” to a three person tribunal, set up to determine whether the evidence presented raises a “legitimate question” that medical malpractice could have occurred.
The tribunal consists of the following professionals:
- a medical provider who is licensed to practice in the same field of medicine as the defendant;
- a licensed attorney; and
- a judge belonging to the state’s superior court.
The tribunal will examine the evidence submitted in support of the lawsuit, such as medical documentation, test results, evidence from medical experts, results from tests and scans, etc. They will make a decision whether the evidence raises a “legitimate question” of liability. If the tribunal determines that sufficient evidence has been submitted and examined, then the lawsuit can proceed to court like any other civil lawsuit.
If the tribunal comes to the conclusion that the evidence is insufficient to establish a “legitimate question” of liability, then if the plaintiff wishes to continue pursuing with the lawsuit, then a bond of $6,000 must be filed with the court to cover defendant’s and court expenses in the event that the lawsuit fails.
Medical malpractice compensation caps
There is no cap on confirmed “economic” damages. These are principally compensation for the cost of medical treatment, including projected future treatment if needed, as well as lost income. There is a cap on “non-economic” damages, which typically are harder to calculate and prove. Non-economic damages include compensation sought for:
- the pain and suffering caused;
- the loss of enjoyment of life;
- psychological distress and anxiety;
- any other subjective effects alleged to have occurred as a result of the injury.
Massachusetts has a $500,000 cap on the amount of non-economic damages sought in most cases of medical malpractice claims with few exceptions. Exceptions which eliminate the cap on compensation that can be sought include when the injury is substantial, long term or permanent.
Legal help for medical malpractice claims
Medical malpractice claims are often complicated and challenging for anyone to pursue. The standard of proof that a medical provider was negligent is high and requires convincing proof of the four criteria stated earlier above. It is not the sort of lawsuit that is likely to be easy for any ordinary plaintiff without professional legal assistance from an attorney with experience in medical malpractice claims.
Defendants face more than just financial losses if they lose a malpractice lawsuit as any case of negligence could affect their reputation and license to continue providing care. Most defendants will use an experienced attorney who is likely to aggressively argue the case for dismissal of the case, as is the defendant’s insurance provider.
If you believe that you have suffered an injury due to a medical provider’s negligence, you are advised to seek competent legal help before filing a claim for compensation. For more information, visit our website or contact us for a free initial legal consultation today.