Medical Malpractice Attorney in Milford, Massachusetts
In Massachusetts, healthcare providers are obligated to meet the legally required standard of care while offering medical care or treatments to patients. Unfortunately, failure to provide proper diagnosis or adequate care may result in incapacitation, medical complications, injuries, or a patient's death. If you or a loved one were a medical malpractice or negligence victim, you may be entitled to pursue fair compensation through a medical malpractice claim.
With more than 30 years of extensive legal experience, Attorney Michael M. Kaplan has the expertise and diligence to support and represent clients in their medical malpractice claims. As a highly-skilled Massachusetts personal injury attorney, Mr. Kaplan will analyze the details of your case, help identify the liable party, and inform you about your possible legal options to seek damages.
In addition, Attorney Michael M. Kaplan will fight zealously to protect your legal rights and help you pursue fair financial compensation for your injuries, damages, pain and suffering, or losses. The Law Office of Michael M. Kaplan proudly serves clients across Milford, Massachusetts, and the surrounding areas of Marlborough, Worcester, and Framingham.
Medical Malpractice in Massachusetts
According to Massachusetts law, medical malpractice occurs when the negligence, omission, or oversight of a medical provider – such as a physician, nurse, hospital, or other healthcare professionals – causes an injury, medical complication, incapacitation, or other kinds of damage to a patient.
Additionally, medical malpractice may occur when a medical professional fails to provide proper care, take appropriate action, or offer treatment that is consistent with the patient's needs. In most cases, medical negligence may worsen a patient's condition or cause another injury.
Examples of Common Medical Malpractice Claims
Some common situations that may lead to a medical malpractice claim are as follows:
Improper medication or dosage
Poor aftercare or follow-up
Hospital and nursing errors
Failure to treat or inadequate treatment
Failure to conduct proper or accurate testing
Misdiagnosis or failure to diagnose
Failure to recognize symptoms
Surgical or procedural errors
Failure to warn a patient of known risks
Ignoring or misinterpreting laboratory results
Emergency room negligence
Failure to take an accurate patient history
If you or a family member has been the victim of medical negligence or malpractice, you must reach out to a seasoned personal injury attorney right away. Your legal counsel can explore your available options to seek damages and help file your medical malpractice claims as soon as possible.
Massachusetts Medical Malpractice Statute of Limitation
The statute of limitations for medical malpractice claims in Massachusetts is three (3) years "after the cause of action accrues." This means that you must commence a civil action within three years from the date the medical malpractice act or injury occurred or you "discovered the injury."
Who Can Be Responsible For Medical Malpractice?
However, a number of different healthcare professionals and entities may be held accountable for medical negligence or malpractice, depending on the surrounding circumstances. These include:
Physicians or doctors
The hospital or medical facility
Hospital medical staff
Urgent care centers
An experienced Massachusetts medical malpractice attorney can evaluate the details of your case, help determine the liable party, and provide all crucial requirements and evidence to establish your case.
The Requirement of Expert Medical Testimony
Upon filing your medical malpractice claim, the alleged negligent party (defendant) will be required to provide a response. Also, you will need to submit an "offer of proof" to a three-person tribunal within 15 days after the defendant responds to your complaint.
The offer of proof must include substantial evidence to show that:
The defendant is the medical provider.
The defendant failed to meet the legally required standard of care for your unique situation.
You suffered an injury or harm due to the defendant's medical negligence.
The tribunal will evaluate your offer of proof, appoint an impartial expert to examine your case, and determine whether you have sufficient evidence to proceed with your claims.
What You Need to File a Claim
To establish a medical malpractice claim and pursue compensation in the Commonwealth of Massachusetts, the plaintiff must show that:
There was a doctor-patient relationship.
The healthcare provider was negligent. This caused the patient's injury or medical complication.
The healthcare provider failed to offer the required medical standard of care.
The healthcare provider's negligence caused the victim's injuries or medical complications.
The claimant suffered damages, including physical pain, additional medical treatments, or missed time at work.
A knowledgeable attorney can seek to establish liability and help recover fair financial compensation for your injuries and damages.
The following damages are available to victims of medical malpractice or negligence in Massachusetts:
Medical bills, including ongoing and future medical treatments
Lost income and benefits
Loss of future earning capacity
Loss of companionship or consortium
In-home care expenses
Physical pain, discomfort, and suffering.
Compensation for reduced ability to earn a living
Compensation for loss of enjoyment of life
Loss of enjoyment of life
Wrongful death damages, where applicable.
Damage Cap for Non-Economic Damages
However, there is a limit of $500,000 on the amount that may be recovered by the plaintiff for pain and suffering, mental anguish, loss of companionship, and other forms of non-economic damages. An experienced attorney can help file your medical malpractice claims and attempt to recover the maximum possible damages for your injuries.
Work With a Practiced Personal Injury Attorney
The negligence, omission, or oversight of medical providers can cause serious injuries, incapacitation, or medical complications to patients. Fortunately, Massachusetts personal injury laws permit medical malpractice victims to pursue damages for their injuries. A practiced personal injury attorney can help protect your best interests and pursue your deserved compensation.
Attorney Michael M. Kaplan is poised and ready to guide and represent clients in their medical negligence cases. Using his comprehensive legal knowledge, he will guide you through the complicated procedures involved in filing medical malpractice claims. Mr. Kaplan will advocate for your legal rights and help you seek fair financial compensation for your medical expenses, pain, discomfort, & suffering, lost income, and other possible damages.
Medical Malpractice Attorney Serving Milford, Massachusetts
If you or someone close to you has suffered an injury due to medical negligence or malpractice, contact the Law Office of Michael M. Kaplan today to schedule a simple case assessment. Attorney Michael M. Kaplan can offer you the personalized legal direction and assistance you need in your medical malpractice claims. The firm proudly represents clients across Milford, Worcester, Framingham, and Marlborough, Massachusetts.