In Massachusetts, medical malpractices are the result of failures to provide high-quality health care. Patients who sustain injuries due to the failures file legal claims to obtain compensation. The outcome of the legal claim defines whether or not the doctor was liable. A Personal Injury Attorney in Everett MA provides legal representation for injured patients.
How Did the Doctor Fail Their Patient?
Common conditions that are identified in a medical malpractice include but are not limited to surgical errors, birth injuries, misdiagnosis, and administering the wrong medication. The failures present a serious liability for the doctor. According to federal laws, all doctors and medical staff are required to provide the highest standard of care possible.
What is an Act of Malice?
In a medical malpractice case, an act of malice relates to an injury that resulted from a failure to provide high-quality care due to a personal belief or prejudice. Additional circumstances involve deliberate injuries to a patient who had a previous relationship with the doctor. An act of malice is classified as a criminal offense, and the court could apply formal charges.
How is the Medical Malpractice Proven?
Typically, proving a medical malpractice involves the presentation of the patient’s medical records and the testimony of a medical witness. The witness is a doctor with the same credentials as the defendant. The records are reviewed by the witness, and he or she explains how the patient sustained their injuries. The purpose of the witness is to determine if the doctor should have chosen a different treatment option.
What Type of Damages are Provided?
Economical damages provide repayment for the patient’s medical expenses and lost wages. Punitive damages are provided as a form of punishment for the doctor. Non-economic damages provide an award for tort-based circumstances such as pain and suffering.
In Massachusetts, doctors who are found liable for patient injuries are required to provide compensation. In some cases, the severity of the patient’s injuries determines if the doctor committed an act of malice. Medical witnesses and the patient’s records provide support for the patient’s claim. Patients who need help from a Personal Injury Attorney in Everett MA visit the website right now. You can also visit them on Facebook.