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Medical Malpractice: What to Know & How to Seek Compensation

Medical malpractice is not acceptable in the restorative world because not only will it compromise health conditions, but it may also cost patients’ lives. In some cases, experts can misdiagnose a condition, mix up or ignore test results, prescribe the wrong medication or dosage, leave a foreign object inside the body, or even fail to warn certain risks. These are merely several examples of negligence cases that can be brought to the court and where you can seek compensation.

If you ever become a victim of medical malpractice, here’s what you need to know about it and how you can seek compensation:

Medical malpractice in a nutshell

It is generally defined as the negligence in the medical care and treatment provided by doctors, nurses, or other healthcare providers. It is deemed a legal cause of action since the medical personnel deviates from standards, causing harm to a patient.

There are various types of medical malpractice, which can include the following:

  • Failure to diagnose
  • Medication errors
  • Childbirth errors
  • Anesthesia errors
  • Surgical injuries

If you’re wondering who can be held liable for the negligence, here are some of them:

  • Doctors
  • Nurses
  • Pharmacists
  • Radiologists
  • Surgeons
  • Anesthesiologists
  • Dentists

Proving medical malpractice and filing a claim

A victim of this matter has the right to file a claim and seek compensation from the party at fault. However, there are several factors that you should consider beforehand:

  • How to establish your case: Your hired attorney must prove three matters to establish that your healthcare provider did not deliver the “standard of care.” By definition, negligence is the failure of a responsible person, either by omission or by action, to exercise an appropriate degree of care, vigilance, and forethought. First, they need to show that your healthcare provider was negligent. Second, that such negligence could have caused the injury. Finally, the injury has led to your loss or damages.  
  • What types of compensation to get: One negligence has been proven, and you have won a case of malpractice, you are entitled to get compensation for the healthcare expenses, lost wages or loss of earning capacity, any impairment or loss of bodily function, and pain and mental suffering, as well as a loss of companionship.
  • What benefits family and survivors can claim: The law also underscores the right of certain family members of an injured patient to file their own claims against the party at fault. This is because, when a family member sustains serious injuries, the whole family may suffer.

Medical malpractice cases in Massachusetts

Now that you know how to build your case, let’s take a closer look at the medical malpractice cases in Massachusetts and what the law requires. Take note of the following:

  • Statutory requirements: Massachusetts has statutory requirements as far as medical malpractice cases are concerned. These include the following:
    • When a claim can be brought
    • What type of notice must be provided
    • How much can be collected for the damages
    • What specialized types of evidence are required 
  • Statute of limitations: There are also some limitations that you should know about in the state of Massachusetts. For instance, patients only have three years to file a claim from when they learn about the injury. One exception includes a patient having retained foreign objects in the body. Ultimately, it’s best to consult a lawyer to see how you would go about filing a medical malpractice case in Massachusetts.


At this point, you now have a proper foundation of the basics of medical malpractice and several regulations in Massachusetts. While we don’t want you or your loved one to be a victim, this blog ultimately sheds light on what you need to know about this restorative issue and how you can file a lawsuit and seek compensation.

The Fernandez Firm has the best criminal lawyer in Boston, MA, providing legal services and specializing in criminal defense, personal injury, and medical malpractice. If you’re looking for a reputable lawyer to handle your case, get in touch with us today!