Medical malpractice lawyers in Marlborough MA
Doctors are responsible for their patients’ well-being while providing care for them. So, if a doctor misdiagnoses your condition, or takes too long to correctly diagnose you, and it results in avoidable suffering or pain, you can sue that doctor for medical negligence.
Traditionally, in the United States, medical malpractice law has been under the authority of the individual states and not the federal government.
What elements must be present for malpractice lawsuit to be considered?
Your lawyer must prove the four elements of negligence:
- proximate causation
Is medical malpractice considered to be a criminal act?
Negligence arising from medical acts may result in a civil action by the injured party or a criminal prosecution by the state. Medical negligence is proved if all components of the three-part test are established on the balance of probabilities (civil suit) or beyond reasonable doubt (criminal prosecution).
Who is liable for mistakes?
When a doctor makes an error in treating a patient, they could face liability for a medical malpractice lawsuit. All medical providers, including doctors, surgeons, anesthesiologists, physiatrists, nurses and therapists have a legal responsibility to not harm their patients.
One exception to medical liability is those who volunteer to help an injured or ill person. This exception is called “Good Samaritan” laws that address bystanders’ fear of being sued or prosecuted for unintentional harm or wrongful death.
In the United States, Good Samaritan laws vary from jurisdiction to jurisdiction. They specify who is protected from liability and the circumstances pertaining to such protection. In general, Good Samaritan statutes do not require any person to give aid to a victim, although several states, such as Vermont and Minnesota, specify a duty to provide reasonable assistance to an injured person at the scene of an emergency. This duty may be completed by calling 911.
Ask an attorney
A lawyer will help you make sure your claim contains all the elements necessary to build a successful case, and help you receive the monetary compensation for your suffering.
Attorneys Sbrogna, Brunelle & Donius are highly qualified medical malpractice attorneys with over 100 years of combined experience.