When a patient believes that they have suffered injury at the hands of a trusted physician, especially in a hospital setting, they may have a legitimate concerns about whether they can charge medical negligence against the physician, the hospital, or any additional staff members. However, each state has different laws concerning this type of medical malpractice claim. It is important for victims to know the laws in their state before determining if, and how, to file suit.
Massachusetts Medical Malpractice
The state of Massachusetts has enacted specific and detailed laws governing how a medical professional can be sued for medical malpractice. First, the injury must meet the general standards of negligence, which means that the medical professional had a relationship with the patient, they acted in a way that was not reasonably skillful, careful for that condition or level of certification, the healthcare professional’s negligence caused the injury, and their actions led to specific damages.
In addition, Massachusetts law states that the victim and their attorney must be able to present expert testimony to confirm that the defendant did actually act negligently. Such experts are generally expected to be board certified in the same area of specialty as the defendant and be able to show how the defendant injured the victim through their negligence.
Hospital Negligence
In Massachusetts, the law allows the hospital to be included in a medical malpractice claim under certain circumstances. Only in situations in which the negligent physician is considered an actual agent of the hospital may the hospital be considered jointly liable for their malpractice. A physician is determined to be an agent of the hospital if the hospital has the right to control the physician’s activities. The hospital may then be held vicariously liable and become a defendant in the medical malpractice suit.
Filing a Claim
In addition to determining the liability of a hospital in a malpractice claim, it is vital that the victim and their attorney follow all state rules concerning when and how the claim is filed. That means that they must be aware of, and file the claim within, the state’s statute of limitations. In Massachusetts, that means that the claim must be filed within three years of when the injury occurred, or when the victim learns, or reasonably should have learned, that they were harmed by the defendant.
In addition, they must consider whether the victim is liable for any degree of negligence in the injury. Under Massachusetts’ doctrine of modified comparative negligence, if the plaintiff’s negligence is greater than the combined negligence of all defendants, their case will be dismissed. If the victim’s negligence is less than that of the defendant’s, they will receive compensation in proportion to the defendant’s degree of negligence.
Getting Legal Help with Suing a Hospital in Massachusetts
While filing a medical malpractice claim is the right of any victim injured by a negligent physician or hospital, these cases can be very complicated. The law protects both victims and defendants in a number of ways that can be confusing to someone not well versed in their application. It can be essential to have the guidance of a skilled medical malpractice attorney in the state of Massachusetts to ensure a case that will get a fair hearing in the Massachusetts courts and receive an appropriate amount of compensation.
