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Brockton Medical Malpractice Lawyers

Compassionate advocacy when healthcare professionals fail to provide competent care

We all rely on doctors, nurses, hospitals, and other medical professionals to treat us when we are suffering from health conditions. These healthcare providers have a duty to offer competent medical care for their specific type of practice. At The Law Offices of Gerald J. Noonan, we work with medical experts who understand the appropriate standards of care for each practice area. These experts can explain in written reports and oral presentations to juries why your medical providers failed you. Our Brockton medical malpractice lawyers understand the full consequences of medical malpractice and what treatments you’ll need going forward. We’re prepared to fight to obtain all the compensation you deserve to maximize your health and resume your life.

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What is medical malpractice?

Medical professionals should take care of their patients without causing injury or damage. Unfortunately, doctors and other medical personnel sometimes harm patients through lack of skill, poor preparation, poor communication, misjudgments, inaccurate diagnoses, and other errors.

“Medical malpractice” is the failure to exercise a proper amount of professional care that results in an injury, damage, or loss to the patient.

Each medical practitioner is judged based on their type of practice. For instance, surgeons are judged based on how competent surgeons perform their jobs, as opposed to being compared to the abilities of another specialized provider. It’s the same idea with family doctors, nurses, pharmacists, and other health professionals.

How does the medical malpractice process work in Massachusetts

Medical malpractice cases in Massachusetts must follow a specific initial process. When a lawsuit is filed and the defendant files a response, the plaintiff must provide, within 15 days of the response, an offer of proof to a three-person tribunal convened specifically for that purpose.

The tribunal must consist of:

  • A Massachusetts Superior Court justice
  • A physician or other healthcare provider licensed in the state who practices in the field relevant to injuries claimed
  • A lawyer licensed to practice in Massachusetts

The tribunal will review relevant medical records, treatment notes, statements from medical experts, and test results to determine whether the evidence is sufficient to raise a question about the healthcare provider’s negligence.

  • If the tribunal finds enough evidence to raise a question of liability, the case can proceed.
  • If the tribunal does not find sufficient evidence of negligence, the plaintiff must file a $6,000 bond with the court clerk for the case to proceed.

Once the case proceeds, it follows a process that is similar to other personal injury claims in that each side has the right to discovery (oral and written questions), negotiation discussions, and the right to a jury trial.

What are the common types of medical malpractice in Brockton?

At the Law Office of Gerald J. Noonan, we handle all types of medical malpractice, including the following:

  • Emergency room errors. These include failing to properly diagnose or triage a patient, mistakes when rendering treatment to a patient, failing to consult with a specialist, or prematurely discharging a patient instead of admitting the patient to the hospital.
  • Birth injuries. These injuries include oxygen deprivation injuries caused by a failure to intervene when the baby gets wrapped in its umbilical cord, physical trauma inflicted by improper use of forceps, and injuries to the mother caused by a failure to intervene after signs of fetal distress. Common birth injuries include cerebral palsy and brachial plexus injuries.
  • Surgical errors. Surgical errors include the performance of surgical procedures on the wrong part of the body, surgery on the wrong patient, performance of the wrong surgical procedure, failure to anticipate and respond to complications, damage to a patient’s tissues by an improper incision, or leaving materials or equipment inside a patient.
  • Anesthesia errors. These errors include the failure to give a patient proper pre- and post-procedure instructions, patient distress due to improper administration of anesthesia, and the use of too little anesthesia, resulting in a patient becoming conscious during surgery.
  • Failure-to-diagnose or misdiagnosis. These errors allow medical conditions to continue to worsen in a patient, resulting in the patient requiring more intensive and expensive medical treatment or potentially rendering the condition untreatable. Some of the causes include failing to order the correct imaging and blood tests and failing to read the results correctly.
  • Medication errors. Physicians can make medication errors, including the failure to take proper patient histories, prescribing medications contraindicated by the patient’s other medical conditions, miscalculation of medication dosage, or a nurse administering the wrong medication.
  • Pharmacy negligence. Pharmacists can make medication errors by failing to confirm the doctor’s prescription, especially where confusion over abbreviations is involved, or by filling a prescription with the wrong medication or dosage.
  • Improper infection care. Hospitals need to prioritize ensuring that their facility is clean and that there are routine exams and procedures for handling hospital-acquired infections, surgical infections, and other types of infections.
  • Failing to obtain informed consent. Doctors must inform their patients of known risks, dangers, and complications – especially before any invasive treatments.

Other types of medical malpractice include:

  • The improper use of IVs.
  • Failing to refer a patient to a specialist
  • Failing to listen to the patient

Some of the other ways our Brockton medical malpractice lawyers examine medical mistakes include:

  • Examining if your injuries cannot be explained – other than by medical negligence
  • Reviewing the medical practitioner’s safety procedures
  • Reviewing the safety, cleanliness, and condition of the equipment
  • Reviewing the credentials, training, and experience of the healthcare professional

How much is my medical malpractice claim worth in Brockton?

Our Brockton medical malpractice lawyers demand compensation for all your economic and emotional damages – past, current, and future – including all your:

  • Medical expenses
  • Lost wages
  • Loss of earning capacity
  • Other economic losses
  • Impairment or loss of bodily function, either temporary or permanent
  • Scarring and disfigurement
  • Pain and mental suffering
  • Inability to enjoy life’s pleasures
  • Loss of companionship
  • Other general damages

While there are no limits on economic damages, Massachusetts imposes a limit, or cap, on the non-economic categories, such as pain and suffering, in medical malpractice suits. The limit is $500,000.

The limit does not apply, however, if the injuries include substantial disfigurement, substantial or permanent impairment or loss of a bodily function, or other circumstances that would prevent the victim from recovering fair compensation.

Massachusetts does allow spouses, children, and parents – when injuries are catastrophic – to file “loss of consortium claims,” which include:

  • Loss of comfort, solace, or moral support
  • Loss of companionship and society
  • Loss of enjoyment of sexual relations
  • Any restrictions on social or recreational activities related to the injury

If a loved one dies due to medical malpractice, we file a wrongful death claim on behalf of the family members.

Who is responsible for medical malpractice in Brockton?

Any medical professional who rendered care that caused harm, injury, or damage can be held accountable for medical malpractice. Our Brockton medical malpractice lawyers file claims against every responsible party (many cases involve multiple defendants). The defendants may include:

  • Hospitals
  • ER doctors
  • Surgeons
  • Family doctors
  • Specialists
  • Anesthesiologists
  • Nurses
  • Radiologists
  • Pharmacists
  • Dentists
  • Optometrists
  • Clinics
  • Treatment centers
  • Urgent care centers

Hospitals are generally liable for the medical malpractice of their employees. Many individual medical professionals are not directly employed by hospitals. Instead, they receive the “privilege” to work at the hospitals. Hospitals may still be liable if they fail to provide quality facilities, proper scheduling, competency background checks, proper pre and post-surgery care, and for other reasons.

There are many different hospitals in the Brockton region.

What is the statute of limitations for filing a medical malpractice lawsuit in Massachusetts?

Patients who suffer medical malpractice and the families of a patient who dies due to medical malpractice must file their claim within three years of the malpractice. At the Law Offices of Gerald J. Noonan, we can review with you when the statute begins to run – since medical malpractice may not be obvious immediately.

We recommend that you contact us as soon as possible so we can review your medical needs and your legal rights.

Please know that healthcare providers are likely to contest your claim because their reputation is on the line, and they are responsible for paying damages for any medical malpractice they cause.

Do you have a medical malpractice lawyer near me in Brockton, Massachusetts?

Yes, we are located at 555 Pleasant Street, Brockton, MA 02301. Our personal injury and wrongful death lawyers discuss cases by phone and through video conversations. We make alternative arrangements when necessary.

Our lawyers are prepared to guide you each step of the way through this very difficult time.

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Speak with the Law Offices of Gerald J. Noonan today

If you have suffered injury or harm due to negligent medical care, The Law Offices of Gerald J. Noonan is ready to fight for financial compensation and justice from the healthcare providers that harmed you. Our goal is to help you secure the financial recovery you need to move forward with your life. When you hire us, you will have a dedicated attorney by your side who will work tirelessly to maximize the value of your case. Call us or contact us to schedule a free consultation with one of our lawyers. We handle medical malpractice cases on a contingency fee basis.