Medical Malpractice

Claims for medical malpractice may be brought by a patient against a doctor or health care provider whose care or treatment results in injury, if that care or treatment did not meet the standard of care of the average qualified physician practicing in that field. In order to prevail in a medical malpractice case, you must establish malpractice through the testimony of a medical expert.

In Massachusetts, medical malpractice cases are screened by a medical malpractice tribunal. The tribunal is made up of a judge, a physician and an attorney. The tribunal’s job is to evaluate the medical evidence and decide whether the case raises a legitimate question of liability appropriate for judicial review or whether it’s simply an unfortunate medical result. If the patient prevails before the tribunal, the case may proceed through the usual legal process. If the tribunal finds for the doctor(s), the patient may proceed with the case only if he or she posts a $6,000.00 bond with the court.

Medical malpractice cases range from failure to diagnose cancer and other serious medical conditions to substandard surgical procedures, to negligent birthing procedures resulting in severe birth injuries such as cerebral palsy.

What You Must Prove In Medical Malpractice Cases

Generally, in medical malpractice cases, you must prove the following:

• The doctor or hospital was responsible for providing you with medical care
• You sustained an injury
• The doctor or hospital caused the injury
• The doctor or hospital failed to provide you with a level of care consistent with accepted medical standards

Let us Know if we can help.
If you or a loved one has been injured and you would like more detailed information about your legal rights, please call Charles Campo toll free at 1-866-529-5300 or 617-423-4949, or e-mail Charles Campo about your case at cmc@campolawfirm.com for a confidential evaluation.

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