When a serious injury or even death results from a misdiagnosed condition, there are several parties that can be held liable. This includes doctors, radiologists, nurses, and pharmacists as potentially responsible parties.
However, for a medical professional to be held liable for medical malpractice, there are specific legal requirements under the Commonwealth of Massachusetts law. Restrictions stipulate when a claim can be made, limit the damages, and require specific types of evidence.
Failing to diagnose or misdiagnosing an illness or condition can qualify as medical malpractice if it can be proven that a doctor or healthcare provider was negligent. This requires establishing the treatment received was below the standard of care. In addition to negligent care, it must be proven that the negligence caused injury resulting in a loss or damages.
Malpractice cases are presented a medical malpractice tribunal made up of a judge, an attorney, and a licensed healthcare provider in the same field as the defendant medical provider. This group will determine if there is enough evidence to go forward with a case.
When a medical malpractice case is determined viable, there are several forms of compensation the injured party may be entitled to, such as medical expenses, lost wages, and pain and mental suffering.
If you believe you or a loved one has experienced medical malpractice, you need the support of a knowledgeable personal injury attorney by your side. Contact us today to discuss the details of your case.
