Have you had a surgery that went wrong? Are you unsure about your rights? Are you wondering how you’re going to cover your medical expenses or lost wages? Fortunately, in the state Massachusetts, a surgical error left you with a painful injury, you can hold the negligent party accountable and recover an injury settlement.
Surgical errors account for 24 percent of medical malpractice cases and occur when, according to data from Diederich Healthcare.
Of course, there is an element of risk involved in any surgery, and a patient can be injured without negligence playing a role. And no two surgeries are exactly alike, so the mistakes that occur and injure patients vary. Below are some common surgical mistakes:
Not giving a patient enough anesthesia or giving them too much
Making an incision in the wrong area
Leaving a surgical instrument such as a scalpel or sponge inside a patient.
Operating on the wrong organ or body part.
Injuring a nerve during surgery
Proving You Have a Valid Medical Malpractice Claim
If you want to recover compensation for a surgical error or medical malpractice, you need to first prove that your claim is not frivolous and you have a legitimate medical negligence claim. In Massachusetts, you must submit and Offer of Proof to a three-person panel who will decide if the evidence you’ve provided is enough to warrant a medical malpractice lawsuit. (Massachusetts General Law chapter 231, section 60B.)
Proving Medical Malpractice
For you to recover medical malpractice compensation, you must demonstrate negligence on behalf of the party or parties named in your suit. To prove medical negligence, you have to show:
- That a doctor-patient relationship exists between the plaintiff and defendant,
- That the doctor or medical professional has was negligent,
- That the physician’s or medical professional’s negligence caused you harm or led to the death of a loved one and,
- That your injuries caused you physical and emotional harm and you experienced financial losses.
It may seem like an easy task to prove negligence, but it is anything but simple, and you need a skilled litigator on your side. USAttorneys can connect you with a medical malpractice lawyer in Massachusetts to work on your case. They understand the state’s burden of proof and will begin working on your claim as soon as you hire them.
Reasons for Medical Malpractice can include:
Lack of good communication between doctor and patient
Drug or alcohol use
If you are hurting or confused, get clarification by consulting with a legal expert. At USAttorneys, we have an accomplished and highly trained medical malpractice lawyers in Massachusetts who can assist with your claim. Our dedicated team of injury lawyers will take whatever steps are necessary to ensure you get the compensation you deserve. Call and set up a consultation with one of the outstanding lawyers in our network of medical malpractice experts. The sooner you act, the better off your case will be, and you’ll be more likely to recover maximum compensation.