Medical Malpractice Law
If a medical professional makes an error that results in injury to the patient, the patient may be able to sue the negligent party or parties for monetary damages to compensate him or her for the medical injury. Medical malpractice claims arise when a health care professional or organization provides unskilled or negligent treatment that results in injury to the patient. The underlying basis for a medical malpractice claim is that you sustain an injury as a result of treatment that falls below the accepted standard of medical care for that particular field of professional expertise.
Under Massachusetts law, a physician or other health care provider is charged with possessing and exercising that reasonable degree of skill, care and learning ordinarily exercised by an average qualified physician or other health care provider in similar circumstances. Medical negligence is the failure of a responsible health care provider, either by action or omission, to exercise that degree of skill, care and learning under the particular circumstances.
Some examples of medical malpractice include incorrect diagnosis or failure to diagnose, failure to treat, improper treatment, delay in treatment, prescription errors, surgical errors, foreign object left in the body, failure to properly monitor a patient, failure to order necessary tests, birth injuries, rendition of services without informed consent, etc.