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What Qualifies as Medical Malpractice in MA?

July 5, 2024

If you or a loved one has recently been injured while receiving medical attention, you should know what you could seek damages for, and what the basics of medical malpractice are. 

At KC Law in Westfield, we have years of experience handling medical malpractice cases and providing comprehensive legal support to our clients. We’re here to help you understand what constitutes medical malpractice, and how our experienced Westfield Medical Malpractice lawyers can help you with your claim.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider deviates from the standard of care, resulting in harm to the patient. This can include misdiagnosis, surgical errors, medication mistakes, birth injuries, and more. 

Elements of a Medical Malpractice Case

To prove medical malpractice, certain elements must be established. These include:

Duty of Care: With medical malpractice, duty of care refers to the responsibility healthcare providers have to their patients. This obligation means treatment that meets the accepted standard of care within the medical community. Healthcare professionals must act reasonably and competently in accordance with their training and standards.

Breach of Duty: Breach of duty occurs when a healthcare provider fails to meet the standard of care expected of them. This breach could manifest in various ways, such as misdiagnosis, surgical errors, medication mistakes, failure to obtain informed consent, or inadequate follow-up care. 

Causation: Causation establishes the link between the healthcare provider's breach of duty and the harm suffered by the patient. You have to show that the provider's actions or failures directly resulted in the patient's injuries or worsened their medical condition. This can require expert testimony to establish a clear causal connection between the negligent conduct and the patient's harm.

Damages: In a medical malpractice case, damages refer to the physical, emotional, and financial harm suffered by the patient as a result of the healthcare provider's negligence. These damages can include medical expenses, lost income or earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. 

Why Should I Hire a Medical Malpractice Attorney in Massachusetts?

When medical professionals fail to meet the accepted standard of care, patients can suffer serious consequences. Whether it's a misdiagnosis, surgical error, or medication mistake, medical malpractice can result in lasting physical, emotional, and financial harm. Our team at KC Law understands the intricacies of medical malpractice cases and works diligently to protect our clients' best interests.

Our Westfield Medical Malpractice lawyers at KC Law have in-depth knowledge of state laws and can guide you through your case.

Statute of Limitations

In Massachusetts, victims of medical malpractice usually have three years from the time of the injury to file their case. This might sound like a long time, but cases can get caught up in court, and the longer you wait, the more difficult it may be to gather the evidence your case needs.  Consult with our experienced Westfield Medical Malpractice lawyers and learn more about your legal options and the best course of action.

Get KC Law on Your Side Today

Don’t wait. Schedule a consultation with our Westfield Medical Malpractice lawyers today to discuss your case and take the first step toward getting compensation for your injuries. We are committed to fighting for your rights and helping you get the support you need to move forward with your life.

Contact KC Law For a Free Consultation

 If you or a loved one has been involved in a personal injury accident, contact KC Law to get the compensation you deserve. Schedule a consultation through our website or call (413) 251-1010.

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