When a serious injury or even death results from a misdiagnosed condition, several parties may be liable. Doctors, radiologists, nurses, and pharmacists are potential responsible parties.
However, for a medical professional to be held liable for medical malpractice, there are specific legal requirements under Massachusetts law. Restrictions include when a claim can be made, limits on the damages, and requirement of specific types of evidence.
Failing to diagnose or misdiagnosing an illness or condition can qualify as medical malpractice if you can prove that a doctor or healthcare provider was negligent. You must establish that the treatment received was below the standard of care. In addition to negligent care, you must prove that the negligence caused an injury resulting in a loss or damages.
Unlike most civil cases, medical malpractice cases need review by a medical tribunal consisting of a judge, an attorney, and a licensed healthcare provider in the same field as the defendant medical provider. This tribunal determines if there is enough evidence of malpractice for the case to proceed.
Once your cases passes the tribunal’s review, there are several forms of compensation available to the injured party, such as medical expenses, lost wages, and pain and mental suffering.
If you believe you or a loved one has experienced medical malpractice, you need the support of a knowledgeable personal injury attorney by your side. Contact us today to discuss the details of your case.
