Boston Medical Malpractice Lawyer

Boston Medical Malpractice or Negligence

The general definition of medical malpractice is the failure of a physician to meet the standard of care required to treat a patient’s condition. The physician’s negligence, or lack of skill, is the direct cause of a patient’s injury.

If this happens, the patient may be eligible to file a medical malpractice lawsuit to secure compensation.

Every medical malpractice case in Boston goes to a tribunal established by the Massachusetts Medical Society. This tribunal, consisting of a physician, a lawyer, and a judge, determines whether there's enough evidence to proceed with the malpractice claim. It screens out about 16% of all cases, allowing 84% to proceed.

In medical malpractice cases, the patient’s legal team must prove that the:

• Medical professional or facility failed to deliver medical care under accepted medical standards
• Failure occurred either due to direct negligence or omission
• Omission or negligence was the direct cause of the harm suffered by the patient

Let us try to find out what happened — and work to get you answers.

Let Sokolove Law Fight for You

Since 1979, Sokolove Law has secured over $9.6 Billion for thousands of injured clients nationwide.

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Common Medical Malpractice Claims in Boston

The effects of medical malpractice can be life-altering – or even fatal. Though these types of errors may seem extreme, over 51.4 million surgeries are conducted each year in the United States.

According to the U.S. Department of Health and Human Services (HHS), 1 in every 112,000 surgeries will result in an error — a figure that does not include ER and ambulance operations, which produce even more surgical errors.

Medical malpractice takes many different forms but the following are the most common and all are very serious.

Pregnancy and Birth Injuries

Medical malpractice or negligence can often result in severe injuries to babies before, during, or after the child's delivery.

In a birth injury medical malpractice case, the baby’s brain and/or body is injured, resulting in injuries that can last a lifetime. As devastating as it is, around 7 of every 1,000 newborns will be injured at birth.

Some of the more common birth injuries include:

• Cerebral palsy
• Erb’s palsy
• Infant brain damage
• Injuries to the brachial plexus nerves

Failure to Diagnose, Delayed Diagnosis, or Misdiagnosis

If a doctor fails to spot a condition or a disease soon enough — or they make the wrong diagnosis — the patient could suffer a great deal of harm. A delayed or wrong diagnosis can cost patients precious time, and their injuries could worsen or the cancer could spread during this time.

Doctors can fail to diagnose conditions that can eventually result in serious health problems. For instance, if a doctor overlooks a tumor, it can continue to spread, potentially to the point that it is untreatable or terminal.

Doctors may fail to diagnose the following conditions:

• Aneurysm
• Blood Clot
• Cancer
• Heart Attack
• Infection
• Stroke
• Pulmonary Embolism

Doctors can also make an accurate diagnosis — but fail to prescribe adequate or the correct medical treatment.

Hospital-Acquired Infections (HAI)

Hospital-acquired infections (HAI) originate from a hospital due to unsanitary conditions. Hospitals are required to follow protocols in order to avoid the spread of infections. However, the smallest error by a medical professional can lead to HAI.

In fact, 1 out of 10 people admitted to a hospital will get HAIs, which are linked to high patient morbidity and death.

Some common types of HAIs include:

• Clostridium difficile or C. diff infections
• Gastrointestinal conditions
• Pneumonia
• Sepsis or bloodstream infections
• Surgical site infections
• Urinary tract infections from the use of catheters

Surgical Errors

Surgeons can sometimes make careless errors that can impact the rest of a patient’s life. These include operating on the wrong part of the body (known as wrong-site surgery), leaving surgical instruments inside the body, mistakenly causing internal organ damage, and more.

Examples of common surgical errors include:

• Damage to internal organs
• Improper management of post-operative complications
• Plastic surgery mistakes
• Surgical tools left inside of the body
• Wrong-site surgery (like removing the left lung when cancer was in the right lung instead)
• Wrong-patient surgery

Emergency Room Mistakes

Doctors and other medical authorities can make many mistakes in a fast-paced emergency room (ER) setting. Medical professionals may mistakenly discharge a patient too early, misinterpret test results, order the wrong tests, or more.

The following examples of emergency room errors can lead to a lifetime of pain and suffering:

• Diagnostic errors
• Delays in testing and treatment
• Unsanitary conditions in the ER
• Miscommunication with patients
• Medication errors
• Premature discharge or failure to follow up

Prescription Drug Errors

A doctor prescribes the wrong medication — or the right medication but in too high or too low a dosage, leading to injuries.

Filing a Medical Malpractice Lawsuit in Boston

There are quite a few reasons you should consider taking legal action if you've suffered an injury related to a medical professional's mistake.

Namely, your injury may require even more medical care to fix an error or treat an issue, which can be expensive over time and put a strain on your health. Filing a medical malpractice lawsuit could provide you with the compensation you need to pay for that treatment.

Researchers with the Betsy Lehman Center in Boston found that medical professionals in Massachusetts committed about 62,000 medical errors in 2017 alone. These errors led to more than $617 Million in excess health care insurance company claims.

Filing a medical malpractice lawsuit could hold the medical professional accountable for their negligence and help prevent another patient from going through the same thing. Legal action may also expose problems in the facility where the malpractice occurred, forcing changes that could benefit other future patients.

Compensation from a medical malpractice case can help pay for:

• Loss of income (if you could not work)
• Medications
• Surgeries
• Therapy and outpatient treatment
• Other expenses related to your illness

While there are thousands of personal injury attorneys, not all of them can get you the compensation you deserve. Over the last four decades, the lawyers at Sokolove Law have gained the experience and resources needed to handle almost any type of personal injury case.

Our Boston medical malpractice lawyers may be able to help you receive compensation.

Our Past Massachusetts Medical Malpractice Settlements

The vast majority of medical malpractice lawsuits settle without going to trial. But medical malpractice settlement amounts can vary greatly, depending on the circumstances of the case.

To date, Sokolove Law has recovered over $9.6 Billion for our clients across all case types, including the following medical malpractice settlements and verdicts in Massachusetts:

• $9.67 Million for a child who suffered injuries during a delayed delivery
• $5 Million for a child who suffered brain damage from a preventable injury
• $3.9 Million for a patient who received a delayed diagnosed for a herniated disc
• $2.5 Million for a victim of medical malpractice in Boston
• $2.43 Million for a failure to diagnosis case
• $2.25 Million for a case involving an incorrect diagnosis
• $2 Million for a woman whose daughter passed away due to medical malpractice
• $1.5 Million for a patient who received a delayed ovarian cancer diagnosis
• $1.25 Million for a client whose lung cancer was misdiagnosed until stage 4 and inoperable

While there is never a guarantee of compensation in any case, our medical malpractice attorneys in Boston will fight hard to get you everything you’re entitled to.

Average Medical Malpractice Settlement Amount

In a report published by Medscape, the average settlement amount for a medical malpractice lawsuit is around $425,000.

These are just a few of the many factors that can impact the value of a potential case:

• The severity of the injury – Patients who suffer permanent injuries, such as those that result in limited mobility or brain damage, will typically receive higher medical malpractice settlement amounts.
• The recovery period – If it appears your recovery will take a long time and you’ll require additional care or time away from work, then your potential settlement will likely be larger to account for expenses and lost wages. 
•  Medical costs – The more expensive it is to treat injuries caused by medical negligence, the higher the settlement amount will likely be.

Get Help from Our Medical Malpractice Lawyers in Boston

The Boston malpractice lawyers with Sokolove Law are ready to help if you have reason to believe you have been the victim of negligence committed by a medical professional.

Sokolove Law started in Boston more than 45 years ago. Since then, our firm has expanded across the country. We have decades of experience and a long track record of success, recovering over $9.6 Billion for injured clients nationwide.

Your initial consultation will be free, and our attorneys only get paid if you do. Our staff of registered nurses will also be available to support you throughout your case.

Call (800) 995-1212 or fill out our contact form to find out more about how we may be able to help.

Sokolove Law Has Served New England as a Boston Medical Malpractice Law Firm

In 1979, Jim Sokolove founded Sokolove Law in Boston. One of his goals was to help the families of people harmed by medical malpractice get the justice and compensation they deserve. Sokolove Law has become a nationwide firm because of Jim's determination and vision.

We help people from all walks of life — including those of different races, genders, and economic statuses — file Massachusetts medical malpractice claims. We provide free legal case evaluations to our clients and will dedicate a team of legal professionals to your case, including a medical malpractice attorney, paralegal, and nurse case manager.

You and your family matter to us. Let us fight for you.

Boston Medical Malpractice Lawsuit FAQs