Most people trust their doctors and their medical facilities. It’s natural to expect the highest standard of care when it comes to our healthcare when it’s literally a matter of life and death. With medical malpractice claims increasing despite protocols and safety standards in place, courts review over 85,000 medical malpractice claims per year. A shocking 21% of adults in America reported an experience with medical malpractice during their lifetime.
Medical malpractice sometimes results in serious consequences including pain, illness, impairment, disability, and even death. Victims of medical malpractice and their families deserve compensation for the injuries they’ve suffered due to the negligence of a doctor or other medical professional who should perform under the highest standard of care. Victims of substandard treatment, medical negligence, and medical errors in Massachusetts deserve financial compensation so they can focus on their physical recovery.
If you or a loved one suffered a medical malpractice injury, you might be wondering what types of damages you could recover in a successful Boston medical malpractice claim.
Understanding Damages in a Massachusetts Medical Malpractice Case
As in all Boston personal injury claims, the damages you may recover in a medical malpractice case in Boston are based on what you’ve lost as a result of the malpractice injury. Losses come down to both economic and non-economic damages experienced directly due to the injury.
Economic damages in medical malpractice cases typically include:
- Medical expenses and future medical expenses related to the injury
- Lost wages and estimated future lost earnings as the result of ongoing treatment
- Compensation for lowered wage-earning ability in the future
- Caretaking expenses for the past and future
The amount of financial compensation depends on the unique facts of each individual case, but Massachusetts places no caps on economic damages in medical malpractice claims.
Non-economic damages available in Massachusetts medical malpractice cases include compensation for the following:
- Pain and suffering
- Mental anguish
- Loss of consortium (close or physical relationship with a loved one)
- Scaring and disfigurement compensation
- Diminished quality of life
Arriving at a specific dollar value for both economic and non-economic damages depends on the evidence proving the medical malpractice occurred and the economic and emotional damages the injury caused. Massachusetts’ malpractice law caps non-economic damages for medical malpractice at $500,000.
In circumstances where extreme recklessness or egregious behavior by the medical professional resulted in a serious injury, Massachusetts may award victims punitive damages as well. Punitive damages are financial penalties meant to “punish” the medical professional and discourage similar behavior by that professional and others in the future.
How Do You Prove Medical Malpractice in Boston?
Medical malpractice law can be complex and confusing. A Boston medical malpractice attorney with years of experience in Massachusetts medical malpractice claims can help you gather evidence to prove your case. This may include the following:
- Medical notes including diagnoses, prognosis, and recommended treatment
- Medical bills
- Travel expenses to medical appointments and special care facilities
- Expert witness testimony from a professional with knowledge of the type of injury, its causes, and treatments necessary for recovery or the best possible outcome
The vast majority of medical malpractice claims settle out of court, but a skilled medical malpractice lawyer in Boston is ready to advocate aggressively for your lawsuit should the case go to court. With the strict standards of safety protocols in place and the high standard of care expected of medical professionals, malpractice should be rare. Unfortunately, it remains all too common. If you or a loved one suffered an injury due to medical malpractice, you deserve the maximum available compensation. Contact the skilled Boston medical malpractice lawyers at Barry D. Lang, M.D. & Associates for help proving your claim.