As a component of medical malpractice, medical negligence can be grounds for a lawsuit if the omission or act lead to harm or injury that can be proven to be direct cause of the action or lack thereof. In cases of medical negligence in Massachusetts the patient or his or her survivor has three years to file the claim before the expiration of the statutes of limitations with regards to medical malpractice. In cases with children under the age of six there is an option to file anywhere before the child's ninth birthday.
Comparative Negligence
In any medical negligence case in Massachusetts the claimant must not be more at fault than the combination of the fault of all defendants. This means that if the claimant is suing the hospital, the doctor and the pharmacist, his or her negligence cannot exceed the total amount of the three separate entities combined. Provided this doesn't occur, the award or recovery will be decreased by the amount that the claimant is found to be at fault.
How to Decide Who to Sue
In most cases in the state the employer has what is known as vicarious liability. This means the employer, in most cases the hospital, should be aware of and monitoring the actions of the doctors, nurses, medical and non-medical staff that are considered to be its employees or agents. There is not always vicarious liability with surgeons and specialists that may not be agents or employees of the hospital but rather may have contracts or working agreements with the facility. Speaking with an attorney will help determine which entity or entities to sue.
What Awards Can I Expect?
Massachusetts does have caps on specific types of awards, particularly for pain and suffering, embarrassment and loss of companionship. In most cases the cap is $500,000 but there are exceptions if that amount does not meet the just level of compensation for the degree of injuries sustained. In addition the state has a statutory cap on attorney's fees which ensures that the claimant will have adequate funds to cover past, current and medical fees arising from the injury sustained due to the negligent actions.
Legal Advice Is Essential
As the claimant the burden of proof falls to you to prove that the medical facility or professional failed to follow his or her standard of care in treatment. If you cannot prove this you don't have a case, regardless of the injuries or damages you sustained. Working with a specialized medical malpractice attorney familiar with Massachusetts law is the only way to get your fair settlement so you can seek the care you need and be compensated.
