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Medical Malpractice FAQ

  1. What is medical malpractice?
    Medical malpractice occurs when a healthcare provider’s failure to provide an acceptable standard of care causes injury or death. Massachusetts law entitles patients to fair and quality care, and victims of medical malpractice have the legal right to file a claim for their pain and suffering, medical bills, and lost wages.
  2. What are some examples of medical malpractice?
    Medical malpractice can happen to any patient in any area of medicine. Some common types of medical malpractice claims involve:

    • Birth injuries
    • Failure to diagnose diseases or illnesses
    • Medication errors
    • Misdiagnoses
    • Surgical mistakes
    • Unnecessary treatments

    If you’ve been harmed by a doctor’s negligence, Jason Stone Injury Lawyers can help. Our medical malpractice lawyers will investigate your claim and help you hold the responsible parties accountable for your damages. Fill out our free form or call us 24 hours a day, seven days a week at (800) 577-5188 to get the legal help you need, today.

  3. Is misdiagnosis considered malpractice?
    Yes. A doctor’s misdiagnosis may be considered medical malpractice when it leads to death, pain and suffering, a worsened prognosis, or unnecessary treatment.
  4. How do I know if my doctor has committed medical malpractice?
    Proving medical malpractice requires an investigation of your injuries, a review of your medical records, and consultations with medical experts. If you think you are the victim of medical malpractice, you need experienced legal help with the knowledge and resources to protect your rights.At Jason Stone Injury Lawyers, we know the law—and our medical malpractice lawyers are here to help you get compensation for your injuries.
  5. Do unexpected or unsuccessful results mean medical malpractice has occurred?
    Not always. Even when doctors provide outstanding care, they cannot guarantee their treatment will yield positive results. However, unexpected or unsuccessful results caused by negligence, carelessness, or errors may be considered medical malpractice.
  6. Who can be held responsible for medical malpractice?
    Any medical professional or facility in any field of medicine can commit medical malpractice, including:

    • dentists,
    • doctors,
    • drug manufacturers,
    • hospitals,
    • medical facility staff,
    • pharmacists,
    • rehabilitation centers,
    • specialists,
    • surgeons,
    • and others.
  7. Have I waived my rights if I signed a waiver or consent form?
    A waiver or consent form doesn’t allow a doctor to provide a level of care below acceptable standards. No matter what documents you sign before a treatment or procedure, your doctor has a duty to prevent mistakes that cause patients harm. Never assume you’ve waived your rights to file a claim without talking to an experienced attorney first.
  8. What must a medical malpractice case prove to be successful?
    In order for your medical malpractice case to be successful, it must prove all of the following:

    • Your doctor or healthcare provider had a duty of care.
      Duty of care means your medical provider agreed to provide medical care to you.
    • The duty of care was breached.
      Breaching the duty of care means your medical provider failed to provide you with the accepted standard of care within the medical community.
    • The breach of the duty of care caused you harm.
      The doctor or medical provider’s failure to provide quality care harmed you.
    • You suffered significant injury or impairment.
      Your doctor’s negligence caused you to suffer damages, such as severe or permanent injuries, lost wages, or the need for additional medical treatment.
  9. What time limits do I need to be aware of if I want to file a medical malpractice lawsuit?
    In Massachusetts, the statute of limitations to file a medical malpractice claim is often three years from the date of your injuries. If you were not immediately aware that malpractice took place, you have three years from the date you discover your injuries, with certain limitations.Exceptions apply to minors under age six, allowing a medical malpractice lawsuit to be filed on their behalf up to six years from the date of their injuries. In these cases, the lawsuit must be filed by the child’s 12th birthday.All medical malpractice cases in Massachusetts, except for cases related to foreign objects in the body, must be filed within seven years of the date the negligence occurred. This time limit is called the statute of repose.
  10. How long will my medical malpractice case take?
    No two medical malpractice cases are the same. The amount of time your case can take depends on a variety of factors, such as the nature of your injuries, the time required to investigate your claim, whether the other side agrees the actions were malpractice, and the scheduling of expert witness depositions and court dates.
  11. How will I pay for a medical malpractice attorney’s fees?
    At Jason Stone Injury Lawyers, our No Fee Guarantee® means you don’t pay us attorney fees unless we collect money for you. If you’ve been harmed by a medical provider’s negligence, give us a call today. We’re here to help.
  12. What should I look for in a medical malpractice attorney?
    There are a variety of factors to consider when choosing a law firm to handle your medical malpractice case, including:

    • Commitment to Clients
      Find a law firm that can help answer your questions and give your case the attention it deserves.
    • Financial Resources
      Choose a law firm who will devote the resources needed to hire the right expert witnesses for your case.
    • Track Record
      Ask about the results they have achieved for other medical malpractice victims.

    At Jason Stone Injury Lawyers, we have the Stone Cold Guarantee®. That means we won’t refer your case to an attorney you’ve never met—you’ll be represented by a team of legal professionals who are available by phone 24 hours a day, seven days a week. And we’ll never recommend settling your medical malpractice claim if we think we can get you more money.

  13. If I file a medical malpractice lawsuit, will I have to go to court?
    Medical malpractice cases go to trial when a fair settlement cannot be achieved with the negligent doctor or medical provider’s insurance company. However, you may be required to attend court-ordered events before a trial, such as depositions—where your out-of-court testimony is recorded—and mandatory pre-trial hearings.If you choose to hire an attorney to handle your case, he or she will accompany you to ensure your legal rights stay protected during the claims process.
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