Patients have the right to assume that the care and comfort they receive from medical providers will be accurate and safe. In most cases, physicians and medical staff do uphold their end of this relationship. Sometimes, though, medical providers fail to provide safe circumstances and reliable care. In such cases, they may be guilty of medical malpractice. Boston attorney, Frederic Halström, has extensive experience in litigating medical malpractice cases; he has even won the largest-ever paid medical malpractice verdict in the state of Massachusetts. This means that clients who hire Attorney Halström will have a significant advantage in the courtroom.
What is Medical Malpractice?
Medical malpractice occurs when a physician or other medical provider fails to administer proper care to his or her patient, resulting in physical, emotional, or mental damage to the victim. In some cases, the provider may fail to properly diagnose a disease or administer proper medication. Whatever the circumstances, during medical malpractice, it is the patient – the consumer – that suffers. When this occurs, victims are entitled to file a medical malpractice lawsuit and should consult with a medical malpractice lawyer. Massachusetts and national victims commonly receive compensation for the following types of medical malpractice cases:
- Procedural Negligence - Procedural medical negligence occurs when a medical provider fails to properly treat a patient or to perform routine tests or treatments for a medical condition. Additionally, pharmacists who fail to give proper instructions to patients when dispensing medication can be liable for medical malpractice. If this negligent act intensifies the patient's condition or leads to suffering, the doctor may be liable for medical malpractice.
- Failure to Diagnose - If a physician fails to perform routine tests for diseases that are commonly linked to a patient's symptoms, he or she may be guilty of medical malpractice. Failure to diagnose can be particularly dangerous to cancer or HIV patients whose health relies on early detection. In most states, the physician can only be held liable if it can be proven that he or she strayed from common procedural care, and that this negligence led to the patient's increased suffering or physical deterioration.
- Misdiagnosis - In some cases, a physician may offer the wrong diagnosis to a patient. This is common in cases of female breast cancer. If the physician diagnosis and/or treats a patient for the wrong disease, the patient can suffer unnecessary financial and physical burdens.
- Birth Defects or Birth Injuries - Obstetricians who do not use proper surgical care when delivering a newborn can be liable for medical malpractice if the mother or child is injured during the birth. Common negligence cases include the misdiagnosis of placenta previa and the prolonging of the birthing process. Placenta previa can cause dangerous blood loss to both the mother and the baby. Prolonging labor can lead to oxygen loss that can be fatal or cause significant brain damage to the child.
- Obstetrical Negligence - Obstetricians who fail to provide customary care to female patients may be guilty of medical malpractice if this negligence causes fertility problems or a deterioration of health for the patient. Obstetrical negligence may include improper insertion and monitoring of IUDs, and failure to diagnose gynecological diseases or conditions such as ovarian, cervical and breast cancer, endometriosis, pelvic inflammatory disease and other sexually transmitted diseases.
- Surgical Mistakes - Surgical mistakes can involve any stage of the surgical process - from pre-operation to post-operation. Some examples of surgical mistakes are improper administration of anesthetic, failure to use proper surgical tools, or failure to provide proper care before or after the procedure.
- Nursing Home Abuse or Injury - The mistreatment of elderly patients is an increasing problem in America. Often, nursing home patients do not receive proper medical or physical attention. In some cases, the owners of the nursing home or the medical providers on staff can be held liable for medical malpractice if it can be proven that their negligence led to the deterioration or death of a patient.
What Should I Do if I Suspect Medical Malpractice?
First, it is important to remember that not all injuries or even fatalities are the result of medical malpractice. Our Boston law firm reminds consumers that all medical and surgical procedures carry with them some risk. However, there are some steps you can take if you suspect that you or a loved one has been a victim of medical malpractice.
- 1. Examine the Evidence: Not all unfavorable outcomes are the result of medical malpractice, so it is important to ask some questions. First, does the damage caused by the medical procedure or surgery seem extreme? If so, was the patient warned that the medical or surgical procedure could have this result? If not, then the patient or their loved ones should question the physician or medical provider. If he or she is unable to give a satisfactory response, the patient may have been the victim of medical malpractice, and should seek the services of a medical malpractice lawyer immediately.
- 2. Document Everything: If you suspect that you have been the victim of medical negligence, it is important to retain specific documentation. Write down the doctor's instructions and the consequences he or she listed as a result of a certain medical procedure. Try to keep copies of medical bills and patient instructions. This will assist your medical malpractice lawyer in assessing and litigating your case.
- 3. Contact a Medical Malpractice Lawyer: Massachusetts victims are encouraged to contact our offices today. Remember that the sooner you contact a lawyer, the stronger your case will be.