The post What Must Be Proven to Win a Medical Malpractice Lawsuit? appeared first on Barry D Lang, M.D. & Associates.
]]>Just because a patient might not be satisfied with their care does not mean the provider is automatically guilty of malpractice. Instead, to prove medical malpractice, a case must specific standards.
In order to meet the definition of medical malpractice, a case has to meet the elements of liability. This includes the following:
Medical malpractice cases are complex and often require a specialized area of knowledge combining law and medicine. A seasoned medical malpractice lawyer can investigate the case to prove medical malpractice and identify the liable party, whether it’s the doctor, a medical staff member, or the facility itself, such as a hospital or clinic.
When we need medical care, we expect to feel safe in the hands of those medical professionals who treat us. When a doctor abuses that trust, it can be devastating, with ill effects ranging from a medical scare to a catastrophic medical event, or even a wrongful death. The most common forms of medical malpractice include:
If you suspect you’re a victim of medical malpractice you can help prove your own case by taking the following actions to protect your medical and financial health:
By taking proactive steps immediately after a malpractice incident or as soon as you realize you’ve been harmed by malpractice, you’ll have more evidence to prove your claim. While compensation for your economic damages and pain and suffering won’t undo the harm, it can relieve financial worries so you can better focus on your recovery.
The post What Must Be Proven to Win a Medical Malpractice Lawsuit? appeared first on Barry D Lang, M.D. & Associates.
]]>The post What Can Cause Cerebral Palsy at Birth? appeared first on Barry D Lang, M.D. & Associates.
]]>One of the most serious birth injuries is cerebral palsy, affecting about 1 in every 345 children born in the United States. While the specific cause of cerebral palsy isn’t always known, researchers understand that it’s related to damage sustained to the brain’s development. This damage may occur before birth, during birth, or in the early months after birth when a child’s brain is developing. Anytime something disrupts the normal development of the brain it can result in cerebral palsy. Sadly, this condition is often the result of an injury to the brain sustained during the birth process, making it one of the leading subjects of birth injury medical malpractice lawsuits.
Cerebral palsy is actually an umbrella term used to describe a group of neurological disorders with varying degrees of impact depending on the part of the brain that’s damaged, but always affecting muscle movement. It’s a lifelong disability that impacts the person’s ability to move, as well as their posture, and often their learning ability as well. Infants with cerebral palsy may feel floppy or experience sudden stiffening, muscle spasms, and learning delays. Adults with cerebral palsy will have difficulty controlling muscle movements which directly impacts mobility, posture, speech, and many other aspects of life.
While cerebral palsy is treatable and the affected person can improve their quality of life through physical, occupational, and speech therapies, it is not curable. It also doesn’t worsen with age, though without preventative measures, the muscles can stiffen into contractures and cause joint deformities and pain.
Adults with cerebral palsy are at higher risk of heart and lung problems due to limited mobility.
All cerebral palsy cases are caused by brain damage during the brain’s development, but the damage can occur in different ways, sometimes with no known cause. However, our team of specialized cerebral palsy attorneys in Boston have seen in most cases that the cause can be traced to one of the following:
The only thing worse than learning your child has a permanent disability like cerebral palsy is learning that it was likely caused by a preventable birth injury.
Negligence and/or medical malpractice during labor, delivery, and in the postpartum care period may lead to birth injuries like cerebral palsy. Our Boston birth injury attorneys have handled cases in which the following examples of medical negligence resulted in cerebral palsy or other birth injury:
Any of the above can cause damage to a child’s developing brain, primarily through a lack of oxygen, with cerebral palsy as the result.
Expectant mothers have the right to the highest acceptable standards of medical care for themselves and their unborn children. If a medical provider breaches that standard of care by treating or failing to treat a patient the way a reasonable doctor would in the same circumstances, then they’ve committed an act of medical negligence or malpractice that’s actionable under the law. Reach out to an experienced Boston medical malpractice attorney for legal representation and help with filing a claim.
The post What Can Cause Cerebral Palsy at Birth? appeared first on Barry D Lang, M.D. & Associates.
]]>The post Statute of Limitations for a Medical Malpractice Claim in Massachusetts appeared first on Barry D Lang, M.D. & Associates.
]]>Once you’re well enough to consider trying to recover your damages through a medical malpractice claim is it too late for a lawsuit? What is the statute of limitations for a medical malpractice claim in Massachusetts?
While Colorado law acknowledges that injury victims need time to prioritize their health and recovery after any injury, including one from medical malpractice, the law also recognizes the importance of filing legal claims while the evidence is still fresh, readily available, and before testimony can degrade with time. The law also seeks to protect defendants from facing long-term threats of legal action. The state addresses these considerations by setting limits on the amount of time injury victims have to file a claim, including medical malpractice claims.
In Massachusetts, injury victims have 3 years after the incident in which to file a claim for medical malpractice. In most cases, attempting to file a lawsuit after the 3-year time limit results in the case being tossed out of court.
While the law allows up to 3 years to file a medical malpractice claim in Massachusetts, it benefits your chances of a successful claim to file sooner, while evidence and testimony are still fresh. However, it isn’t always wise to file immediately after an injury if it’s still too soon to understand the consequences of the malpractice including all of the necessary medical treatments and procedures you may have to undergo and the full scope of the economic damages.
You are ready to contact an attorney and file a claim when your case meets the following requirements:
Once a case meets these criteria, a medical malpractice claim has the maximum chance of a successful outcome.
Massachusetts medical malpractice laws include a “discovery rule.” This rule states that the statute of limitations doesn’t begin until the date the victim discovers the injury. For example, you may not realize that a piece of gauze or surgical equipment was left inside a body cavity until months or even years later when it causes damage or infection. The clock doesn’t begin ticking on medical malpractice claims until the victim learns, or should reasonably have learned about the injury and its cause.
When a child under age six is injured by medical malpractice, parents have until the child turns nine years old to file a malpractice claim in Massachusetts.
Massachusetts places a deadline of 7 years to file claims even in cases of delayed discovery or for injury victims under age 6.
Contact an experienced Boston medical malpractice attorney to evaluate your case if you’ve been injured due to medical malpractice.
The post Statute of Limitations for a Medical Malpractice Claim in Massachusetts appeared first on Barry D Lang, M.D. & Associates.
]]>The post Most Frequently Misdiagnosed Medical Conditions appeared first on Barry D Lang, M.D. & Associates.
]]>While doctors may misdiagnose a rare disease, often relatively common diseases are also misdiagnosed due to an atypical presentation which may result in a doctor not ordering the appropriate diagnostic tests—a common basis for medical malpractice lawsuits.
By understanding the most commonly misdiagnosed medical conditions, you may be better able to protect your own health by being proactive in your healthcare.
Cancer remains a leading cause of death worldwide. Studies suggest that doctors misdiagnose 10% to 28% of cancer cases. Some types of cancers result in more misdiagnoses than others. The most commonly misdiagnosed cancers include:
Sadly, our Boston cancer misdiagnosis lawyers have seen many of these commonly misdiagnosed cancers not properly diagnosed until metastases cause secondary symptoms at stage 4. In some cases, patients may receive a diagnosis of the wrong type of cancer, in which case, the patient may undergo incorrect treatment since chemotherapy medications vary according to cancer type.
In less frequent instances, a patient may erroneously receive a diagnosis of cancer where no cancer exists, causing them to undergo unnecessary treatments with dangerous health risks and long-term consequences.
Unfortunately, some commonly misdiagnosed conditions are those requiring immediate medical treatment to minimize harm or prevent death. Evaluating doctors may not order the proper diagnostic tests because they overlook symptoms or fail to recognize atypical symptom presentation. For instance, heart attacks present differently in women compared to men and present differently in younger people compared to older. The most commonly misdiagnosed emergency medical conditions include:
Stroke symptoms may present similarly to intoxication or vertigo. Misdiagnoses of these emergency medical conditions are the most likely to result in serious injury or death.
Besides cancer and emergency medical situations, some other commonly misdiagnosed chronic medical conditions include the following:
By missing the proper and timely diagnosis of these chronic illnesses, patients may miss months or years of treatments that could greatly improve the quality of life and prevent worsened illness.
Some misdiagnosed illnesses result in little or no harm, but other medical errors have catastrophic consequences. Not every misdiagnosis qualifies for a medical malpractice lawsuit. Our team of specialized Boston medical misdiagnosis attorneys know that in order to meet the standard of medical malpractice, a case must have the following points:
When someone suffers worsened illness, exacerbated disease, or fatality due to a misdiagnosed medical condition they or their surviving loved ones deserve justice and could be entitled to compensation through a medical malpractice lawsuit. Seeking expert help from an experienced medical malpractice lawyer in Boston can get you the compensation you deserve.
The post Most Frequently Misdiagnosed Medical Conditions appeared first on Barry D Lang, M.D. & Associates.
]]>The post What Causes Birth Injuries? appeared first on Barry D Lang, M.D. & Associates.
]]>Some birth injuries only result in a temporary concern that quickly resolves, but other injuries may require ongoing treatment or can even cause permanent injury or disability. While seeking monetary compensation for damages with the help of a Boston medical malpractice lawyer can’t repair an injury or turn back time, it can help parents to better afford the medical treatments their child needs in order to maximize his/her recovery.
Birth injuries are harm that happens to an otherwise healthy baby through the process of birth. Most of these injuries occur during difficult births, such as from birthing large babies, babies in improper positions to facilitate easy birth, prolonged labor, or when mothers have irregularities in the size and shape of the pelvis and birth canal. Common injuries sustained by babies during the birthing process include:
Some birth injuries happen after birth during the hours and days following labor and delivery. Some examples of this type of birth injury include:
Birth injuries can have life-altering consequences for babies and their families. In the death of a loved one due to medical malpractice during child birth, our compassionate Boston wrongful death attorneys have the experience and skill to represent your claim and help you recover the compensation you deserve.
Doctors and medical teams must carefully monitor both mother and baby throughout labor and delivery and in the hours that follow. Complications of varying severity can lead to a variety of negative outcomes from relatively minor and temporary injuries to potentially life-altering and deadly ones. All medical professionals must provide patient care at the highest possible standards. If the action or inaction of someone on the care team does not provide the care that a reasonable physician in the same situation would have provided, then that professional has breached the care of duty they owe to both mother and child. Some examples of this type of breach of care are as follows:
Any of the above causes often lead to harm-causing injuries, most often from delayed or prolonged birthing, oxygen deprivation during the birthing process, and medical malpractice such as forcing birth.
Speak to a trusted doctor as soon as possible if you suspect your baby suffered a birth injury. A doctor can make a diagnosis, determine a cause, and recommend a course of treatment for the best possible recovery. Then, speak to an experienced birth injury attorney in Boston about your case to work toward getting the compensation you and your baby deserve so your family can focus on recovery.
The post What Causes Birth Injuries? appeared first on Barry D Lang, M.D. & Associates.
]]>The post Who Can Be Held Liable for Injury Caused by a Defective Medical Device? appeared first on Barry D Lang, M.D. & Associates.
]]>The first step toward gaining compensation for damages in these cases is identifying the liable party. It takes an experienced and skilled medical malpractice attorney to determine where the liability lies in defective medical device lawsuits.
Any device used by medical professionals to treat a disease or injury or implanted in a patient for ongoing management of chronic conditions falls under the umbrella term of medical devices. Some common examples of medical devices include:
Medical devices are also those instruments used during surgical procedures, medical treatments, and during in-hospital patient care.
There are many parties involved in medical devices between a product’s development and a patient’s usage. In order to determine liability, an investigation must prove at which step of the process an error occurred. Common liable parties in defective medical device cases include the following entities:
Despite the approval processes and clinical trials in place with the Food and Drug Administration, medical devices with dangerous flaws still reach the market. An attorney can investigate the accident to determine where and how the fault that led to the incident occurred. For instance, design flaws sometimes occur when devices that worked well for some time eventually deteriorate. Manufacturing problems may arise if a mistake occurred during manufacturing and missed the quality control safeguards. If false marketing occurred or marketing omitted proper safety warnings, then the marketing company may be the liable party. Doctors may be liable if they misused a device, failed to take a patient’s medical history into account, or failed to adequately warn a patient about potential problems, dangers, or risks associated with a medical device. In some cases, multiple parties may share liability in a defective medical device case.
In order to prove liability in a defective medical device case, a medical malpractice attorney in Boston must identify the party at fault and prove that the liable party or parties breached the care of duty they owed to the injured patient and that the failure directly resulted in the patient’s injury. Then they must show the economic and non-economic damages that the injury caused the patient.
Defective medical devices and medical device failure can cause substantial damages including:
If you or a family member has been harmed by a defective medical device, it’s important to speak to a specialized Boston defective medical device attorney about your case in order to set you on the path to financial recovery so you can focus on your physical recovery.
The post Who Can Be Held Liable for Injury Caused by a Defective Medical Device? appeared first on Barry D Lang, M.D. & Associates.
]]>The post What to Do After a Heart Attack Misdiagnosis appeared first on Barry D Lang, M.D. & Associates.
]]>Someone in the U.S. has a heart attack every 40 seconds and close to 900,000 annual deaths are due to heart disease. Despite this being a common medical emergency, it’s often misdiagnosed or doctors overlook the symptoms. While prompt treatment can minimize damage and save lives, when left untreated, or when treatment is significantly delayed, a heart attack results in cardiac muscle damage, often leading to disability or death.
The misdiagnosis or missed diagnosis of a heart attack may be grounds for a medical malpractice lawsuit if a physician failed to notice the symptoms or did not make a timely diagnosis of a heart attack and initiate treatment promptly. Speaking with a specialized failure to diagnose heart attack lawyer in Boston can help you file a legal claim and seek compensation.
Most people who experience painful symptoms go to the emergency room. If the symptoms are uncomfortable rather than painful, they may go to their regular doctor. Our team of experienced Boston medical misdiagnosis attorneys have seen most heart attack misdiagnoses occur in these settings. Some medical professionals commonly at fault for negligence in diagnosing a heart attack include:
Factors that may lead to misdiagnosed heart attacks or failure to diagnose a heart attack include:
These and other factors may lead to a missing the proper diagnosis of a heart attack, often with disastrous results. This negligence constitutes medical malpractice.
Misdiagnosing a heart attack may result from medical malpractice. If you or your loved one suffered a heart attack misdiagnosis, you may be wondering where to turn. First, seek health care elsewhere as soon as possible for a thorough examination, tests to determine the extent of the damage, and a treatment and recovery plan. Then the following steps may help you with a successful claim for compensation for damages such as medical expenses, future medical costs, lost wages, and pain and suffering:
If a physician fails to recognize symptoms, fails to order the correct medical tests, or misreads an EKG or lab results, it’s a negligent diagnostic error. Medical professionals owe a duty of care toward patients that includes adhering to the highest standards of medical diagnosis and treatment. If you or a family member suffered from a misdiagnosed heart attack, you deserve the maximum compensation for your injury. Seek legal representation from a Boston medical malpractice attorney to file a claim and fight for the compensation you deserve.
The post What to Do After a Heart Attack Misdiagnosis appeared first on Barry D Lang, M.D. & Associates.
]]>The post Medical Malpractice in Plastic Surgery appeared first on Barry D Lang, M.D. & Associates.
]]>Over 2 million surgeries each year are classified as plastic surgeries. But for a significant percentage of patients, the results of this type of surgery end in disasters ranging from dissatisfaction with cosmetic results to catastrophic infections, adverse outcomes, and even death.
Once a patient and physician enter into a professional relationship, the medical professional owes that patient a duty of care that includes providing medically appropriate treatment with a high standard of care. Any failure to provide the quality of care that a reasonable medical professional would have provided in the same circumstances is a breach of that duty. Acts of negligence or failure to adhere to the acceptable standard of practice resulting in an injury to a patient constitute medical malpractice if it results in harm.
To prove medical malpractice in plastic surgery cases, as well as for other forms of medical malpractice, a plaintiff must prove the following:
In plastic surgery and other medical procedures, these professionals are held to a standard of care that’s higher than that of other professionals because the results of medical negligence can be dangerous, life-altering, and deadly.
Many plastic surgery procedures are classified as reconstructive procedures to correct appearance and/or function problems caused by birth defects, disfiguring accidents, burns, and medically necessary surgeries. Other forms of plastic surgery are meant to provide a positive cosmetic effect to improve appearance or correct/ combat the natural effects of aging. Some common plastic surgeries include:
When these procedures are correctly performed to acceptable medical standards, the results can be improved appearance and boosted confidence. However, in some instances, negligent actions on the part of the doctor or medical team cause harm such as:
These negative results of medical malpractice can be devastating for victims and cause physical and financial damages.
When the negligence of a cosmetic surgeon results in significant harm, the results cause two types of provable damages to the injury victim, including economic and noneconomic damages.
Successful plastic surgery malpractice claims with help from a Boston plastic surgery error lawyer can gain the following compensation for economic damages:
The following non-economic damages may also apply to plastic surgery malpractice cases:
Plastic surgery procedures are meant to improve appearance or correct disfigurement in order to help patients feel better about themselves. When a doctor makes a mistake or acts negligently and the result causes serious damage, either the doctor, hospital, or surgical center may be the liable party and accountable for the economic and physical harm their actions caused. With an experienced Boston medical malpractice lawyer on your side, find out if you are eligible for compensation
The post Medical Malpractice in Plastic Surgery appeared first on Barry D Lang, M.D. & Associates.
]]>The post The Dangers of Stroke Misdiagnosis appeared first on Barry D Lang, M.D. & Associates.
]]>A stroke misdiagnosis often results in catastrophic effects on the patient and significant hardships for their family. It’s especially devastating when the victim’s family knows that the damage their loved one suffered could have been minimized had the stroke been properly diagnosed and promptly treated.
If you or a loved one suffered injuries due to a stroke that medical professionals failed to accurately diagnose and quickly treat, you could gain significant financial compensation if the treating doctor did not follow proper protocol or failed to order/read proper diagnostic tests. Speaking with a specialized medical misdiagnosis lawyer in Boston can help you file a claim to seek compensation.
Blood vessels carry critical oxygen and nutrients to the brain. Strokes happen when there’s an interruption to that blood flow due to a blood clot blockage (ischemic stroke) or burst blood vessel (hemorrhagic stroke). Brain cells quickly begin to die when the brain doesn’t receive the oxygen and nutrients it needs. Because the brain controls critical functions throughout every body system, whatever part of the brain becomes damaged from a stroke causes a lack of function in the part of the body it controls. Strokes can cause significant impairment, disability, and death if not quickly treated. Common signs of a stroke include:
Because other illnesses such as hypoglycemia, migraines, and seizures sometimes present with symptoms similar to those of a stroke, a doctor may misdiagnose a stroke or fail to order the proper tests that would identify a stroke and determine the type of stroke the patient has suffered.
Recovery from a stroke depends on how quickly and accurately medical professionals diagnosed it. Imaging tests like CT scans and MRIs can quickly identify a stroke, its type, seriousness, and the part of the brain affected so doctors can begin treatment. If you or a loved one experienced stroke-like symptoms and the treating doctor did not order the proper tests, misdiagnosed the stroke as another illness, or allowed a significant amount of time to pass before properly diagnosing and treating the stroke, negligence may have taken place. Because strokes are most common in people over age 55 and happen more frequently to men than women, stroke misdiagnosis occurs more frequently in younger individuals and women.
Doctors and other medical professionals are supposed to follow strict protocols that include ruling out a stroke before testing for other illnesses. When a doctor breaches the duty of care we rightly expect from our medical providers and misses a stroke diagnosis, it constitutes medical malpractice.
If you or a loved one had a stroke and experienced a significant delay in diagnosis and treatment by a medical professional or care team in Massachusetts, a Boston medical malpractice attorney may be able to help you gain the compensation you need in order to maximize recovery both physically and financially. Contact a Boston medical misdiagnosis lawyer at Barry D. Lang, M.D. & Associates to get started filing a claim to seek the compensation you deserve.
The post The Dangers of Stroke Misdiagnosis appeared first on Barry D Lang, M.D. & Associates.
]]>The post Who Is Liable for a Medication Error? appeared first on Barry D Lang, M.D. & Associates.
]]>Taking the wrong medication or the wrong dosage can cause serious injury, yet these errors happen all too frequently in Boston and elsewhere. So, how do these medication mistakes happen? Research shows that medication errors happen in some of the following ways:
These are the most common types of medication mistakes and how they happen. While some mistakes are quickly caught and corrected or cause little harm, many medication mistakes cause serious negative health impacts including long-term impairments, disability, or even death.
It may take the investigative skills of an experienced Boston medication error attorney to identify the liable party in your specific medical malpractice case involving a medication mistake. In most cases, liability lies with one of the following parties and in some cases with multiple parties:
A successful investigation to determine the liable party often ends in a settlement out of court but may also require litigation. A successful claim or court award for a personal injury due to medication error malpractice can gain you the following compensation and damages:
If you or a loved one suffered this type of injury, a Boston medical malpractice attorney can help you identify the liable party and then fight aggressively on your behalf. When a trusted medical professional breaches the duty of care expected in the doctor/patient relationship you deserve the maximum in compensation and damages. Contact a Boston medication error lawyer at Barry D. Lang, M.D. & Associates today for help getting started on your claim.
The post Who Is Liable for a Medication Error? appeared first on Barry D Lang, M.D. & Associates.
]]>