Medical Malpractice, also known as medical negligence, can arise in a wide variety of circumstances and occurs when a patient is injured as a result of treatment by a health care provider who deviated from the standard of acceptable care. Lawsuits against health care providers for malpractice, error and mistakes in Massachusetts have special rules which appear in MGL c. 231 Sec 60B. This law defines “provider of health care” as:
“a person, corporation, facility or institution licensed by the commonwealth to provide health care or professional services as a physician, hospital, clinic or nursing home, dentist, registered or licensed nurse, optometrist, podiatrist, chiropractor, physical therapist, psychologist, social worker, or acupuncturist, or an officer, employee or agent thereof acting in the course and scope of his employment.”
Attorney Robert W. Shute has seen clients through these difficult situations before and he offers you a Free Consultation to discuss the particulars of your medical malpractice claim. When injury or harm occurs because of medical negligence, you should be compensated.
Call Now: 413-592-0999 or 413-437-7788, Days, Evenings or Weekends for your Free Case Evaluation with Atty. Robert Shute, personally.
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Don’t delay in calling to find out if you have a malpractice case because Massachusetts law sets time limits known as the Statute of Limitations and the Statute of Repose which govern the time limits for filing medical malpractice lawsuits
“Never Events”
The United States HHS Healthcare Research Quality Forum compiles a list of “Never Events”- medical errors so shocking and preventable that they never should occur, such as wrong-site surgery, retained surgical objects, using contaminated devices.
Medical Error Deaths
A recent Johns Hopkins University study showed that more than 250,000 people in the United States die each year from Medical Errors making this the third-leading cause of death after heart disease and cancer.
Examples of medical negligence include, but are not limited to the following:
Failure to Diagnose, Making the Wrong Diagnosis or Delaying in Making a Diagnosis
For example, the early diagnosis of cancer and early treatment often are critical to a successful outcome or favorable prognosis. Missing the diagnosis of cancer is a serious error. Whether it is Breast, Ovarian, Colon, Bladder, Melanoma, Endometrial, Prostate, Leukemia, Skin or other cancers, failure to accurately diagnose and treat may constitute medical negligence.
Wrong Treatment A skilled and trained health professional should know the signs and symptoms of illnesses and diseases. Ordering no treatment or the wrong treatment can lead to serious consequences.
Surgical Errors Examples of surgical mistakes or surgical errors include performing the wrong procedure, operating on the wrong body part or even amputating the wrong body part, leaving surgical tools or other objects inside the patient’s body after surgery, not having or failing to use the skill necessary for the surgical procedure, and giving inappropriate instructions on what to do after surgery. Surgical errors can lead to serious infections or even additional surgeries that should not have been necessary. Surgical errors can cause disability, paralysis, infant or maternal death, nerve damage, damage to blood vessels, damage to areas around the surgery site or even damage to other body organs. An error with anesthesia used during surgery can also cause brain damage or organ damage.
Errors with the use of Medical Devices
While medical devices improve quality of life and can be lifesaving, when they are improperly implanted, they can cause great personal harm. Medical devices include, but are not limited to, heart pacemakers, insulin pumps, artificial hips, intra-uterine devices, metal screws, pins, plates and rods, coronary stents and artificial eye lenses.
Birth Injuries
Delivery errors can cause harm to the newborn and could result in inadequate oxygen supply. Asphyxia could cause long term disabilities or paralysis for the child. Errors at childbirth also can cause maternal injury or maternal death.
Prescription Drug and Medication Errors
Prescription drug errors could cause serious damage when a doctor prescribes the wrong medication or the wrong amount of medication resulting in overdosing of medicine, harmful medication drug interactions.
Test Results Failure
Not contacting a patient about abnormal test results that require a follow up treatment plan can constitute failure to diagnose.
Despite astonishing progress in modern medicine – diagnostics, surgeries, arthroscopy, imaging technology, trauma treatment, and much more – human error is still a serious danger in medical professions.
There are various myths surrounding malpractice suits – that people sue at the drop of a hat, and that juries regularly award massive compensation to claimants. In fact, only a small percentage of those victimized by medical malpractice actually sue, and if anything, juries are more predisposed to defendants than to plaintiffs. Much of the current flap over “tort reform” and political efforts to reduce malpractice victims’ rights obscure the true situation.
Free Consultation
If have been harmed due to medical negligence, do not let the time limits of the Statute of Limitations or Statute of Repose prevent you from filing a case. Come in to my office for a free, no-obligation, and frank evaluation of your case. If your medical condition prevents you from travel, Atty. Shute will gladly arrange a video conference or go to your home, hospital, or convalescent facility for this discussion.
Free Case Evaluation
Free Consultation
If have been harmed due to medical negligence, do not let the time limits of the Statute of Limitations or Statute of Repose prevent you from filing a case. Come in to my office for a free, no-obligation, and frank evaluation of your case. If your medical condition prevents you from travel, Atty. Shute will gladly arrange a video conference or go to your home, hospital, or convalescent facility for this discussion.