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Boston Medical Malpractice Lawyers

Were You or a Loved One Injured By a Doctor's Mistake?

Every year, countless people are injured or die from preventable medical errors. These errors often occur as a result of reduced staffing, hectic schedules, or an increase in demands from employers in hospitals. Regardless of how it happened, it can be traumatizing to suffer from a medical professional’s negligence. It is equally traumatizing if the harm is caused by a medical professional’s simple careless or reckless conduct.

The Boston medical malpractice attorneys at Mitcheson & Lee LLP have experience in the field of medical negligence and take pride in advocating for the best interest of our clients. We understand that choosing a lawyer to represent you in a medical malpractice claim is a task that requires the utmost care and consideration. Medical malpractice cases require a significant time commitment from your legal team due to the complexity of the discovery and litigation processes.

It is important to speak to a sophisticated team of legal professionals for help in discovering, proving, and recovering from personal injuries. Call (617) 934-3207 to speak to an attorney.

Medical Malpractice & the "Standard of Care"

It is important to understand that medical malpractice is not merely having a poor health outcome after receiving medical treatment. Medical malpractice applies to a person who receives medical treatment that is below the acceptable standard of care for medical professionals. This “standard of care” refers to the generally accepted practices and procedures used by other medical professionals in the same geographic area when treating patients suffering from the same disease under similar circumstances.

We pursue many types of medical malpractice claims, including:

  • Brain injuries
  • Birth injuries
  • Failure to diagnose
  • Harmful pharmaceuticals
  • Hospital negligence
  • Infection acquired at a hospital
  • Surgical error
  • Surgical negligence
  • Wrong diagnosis
  • Wrongful death

Massachusetts law has a number of strict requirements that must be followed if you are moving forward with a medical malpractice suit. In addition to the burden of proof being on the plaintiff, the statute of limitations requires the plaintiff to bring suit within three years of the injury. However, there are few exceptions to the statute of limitations that may apply, including if the victim is a child under the age of six. In this event, the statute may be extended to six years.

Medical Malpractice Tribunals in Massachusetts

Assuming the filing deadline has not expired, all medical malpractice cases in Massachusetts are required to be thoroughly vetted by a three-person tribunal. Under Massachusetts G.L. c. 231 § 60B, after a medical malpractice lawsuit is filed, the plaintiff must submit an "offer of proof" to a tribunal consisting of a superior court judge, a licensed physician, and an attorney licensed to practice in the state within 15 days of the defense's response to the plaintiff's complaint. During this time, the tribunal may subpoena records or summon witnesses to accumulate more evidence.

If the tribunal finds that the evidence is sufficient, the case is allowed to proceed. If the tribunal rules against the plaintiff, plaintiffs are required to file a $6,000 cash bond payable to the defendant within 30 days for the case to proceed; otherwise, the case is dismissed.

Damages for Malpractice Victims

Victims of medical malpractice may recover compensation for a wide range of damages, including:

  • Present and future medical expenses
  • Lost income and other earnings
  • Lost earning potential
  • Permanent disability
  • Rehabilitation costs
  • Pain and suffering
  • Emotional distress

Massachusetts caps non-economic damages for medical malpractice cases at $500,000, though this cap may sometimes be exceeded in situations where the victim suffers from permanent impairment. The type and value of damages will vary on a case-by-case basis, therefore it is important to consult with a skilled attorney to get a better understanding of your eligible compensation.

Contact Mitcheson & Lee LLP Today

Mitcheson & Lee LLP is dedicated to representing its clients who have suffered an injury due to a medical professional’s negligence. Our team’s goal is to obtain justice for our clients and their loved ones.

To schedule a complimentary consultation with our medical malpractice attorneys in Boston, contact us online or give us a call at (617) 934-3207.