Medical Malpractice

Medical Malpractice attorney - serving New England and beyond

Confidential settlement after suit was filed against a nursing home on behalf of the estate of an elderly woman killed in by a male resident. Evidence was developed that showed that the man had previously been aggressive and assaultive to staff and other residents, including the deceased woman.

Confidential settlement after suit was filed against a physician and hospital for a negligently performed injection to treat macular degeneration. As a result, the patient lost the use of his eye.

Confidential settlement after suit was filed against a hospital on behalf of a woman who fell and suffered a hip fracture requiring replacement while in the care of a hospital. The woman had been administered a colonoscopy with sedation. The woman was got up too soon and fell when she was left alone to dress.

Confidential settlement after suit was filed for an elderly woman who fell out of a second-floor window at a state nursing facility for residents with behavioral issues. The woman suffered multiple fractures. Expert evidence showed that when the windows were replaced only a few years before, the construction did not include “chocks” that would have prevented the windows from opening far enough for residents to get out.

Confidential settlement after suit was filed for an elderly woman who was injured while rehabbing in a hospital for a hip replacement. Hospital staff failed to notice signs that the replaced joint had partially dislocated, causing the woman to fall and fracture the joint. A second hip replacement surgery was required.

Confidential settlement after suit against a pharmacy for a prescription error. The pharmacy filled the prescription for kidney stone medication with the wrong medicine. As a result, the male patient endured significant pain and discomfort, painful treatment, and was hospitalized twice.

Settlement of $150,000 after suit was filed for an elderly woman in a county nursing home who fell from her wheelchair while being transported by staff at a county nursing home. She suffered a hip fracture.

“Confidential settlement after suit against a physician and hospital for a negligently performed injection to treat macular degeneration. As a result, the patient lost the use of his eye.”

“$150,000 after suit was filed for an elderly woman in a county nursing home who fell from her wheelchair while being transported by staff at a county nursing home. She suffered a hip fracture.”

Medical Malpractice Questions

What is the definition of “Medical Malpractice”?

Medical malpractice is a term that describes conduct which deviates from a standard of care which is owed by medical professionals to their patients. It is imperative that they exhibit the same degree of knowledge, care, and skill that other reasonable medical professionals- hospitals, doctors, nurses, etc.-would use in a similar situation.

What must be proven in a medical malpractice claim to be successful?

When the relationship of the patient and the medical professional has been established, the doctor owes the patient the duty of conforming with a certain standard of care. To be successful in a medical negligence claim the party who has been injured must show that the medical professional has breached that duty; that the party was actually injured; and that the breach of the duty caused the party’s injuries. Medical malpractice claims can be complicated and costly. To ensure that your damages claim and your right to recovery are fully protected, it is imperative to choose a malpractice attorney with resources, knowledge, experience, and the skill required to litigate your claim.

What are some circumstances that can result in initiating a medical malpractice lawsuit?

Some common causes that can justify a medical malpractice claim include:
Misdiagnosis
Inappropriate or delayed treatment
Failure to properly diagnose or treat a condition.

Surgical errors

How do I know if I have a claim for medical negligence?

A poor result alone is not always evidence of medical malpractice, but it may provide good grounds for a suspicion of medical malpractice or that some form of negligence may have occurred. Suspicions should be thoroughly investigated. An experienced medical negligence attorney can separate actionable malpractice from common place bad results that are nobody’s fault. Complete investigations include things like collecting and examining medical records, medical data, and  evaluation by qualified medical experts. This type of in-depth investigation can often reveal or rule out medical malpractice.

Have I waived my rights if I have signed a consent form?
When you sign a consent form, you are just acknowledging that you understand there are known risks to the medical procedure you are about to undergo, but you are not consenting to a standard of care that falls below what is owed by a medical professional to his patient.