Medical Malpractice
Medical Malpractice Lawyer Tracy Paulsen is fighting for justice for victims harmed by the negligence of a medical provider. Across the U.S., over 250,000 people each year are injured or harmed by the very doctors, dentists, chiropractors, and physicians they trusted to care for their medical needs.
Medical negligence can take many forms, including:
- Surgical Errors (Wrong-site surgery, Harmful objects left in the body, Organ perforation or damage)
- Misdiagnosis and Delayed Diagnosis (Cancer misdiagnosis or delayed diagnosis, Heart attack or stroke misdiagnosis, Meningitis or sepsis misdiagnosis, Failure to diagnose infections or fractures)
- Medication Errors (Incorrect dosage, Prescribing the wrong medication, Administering medication to the wrong patient, Failure to recognize harmful drug interactions)
- Birth Injuries (Cerebral palsy, Brachial plexus injuries, Oxygen deprivation, Untreated maternal infections)
- Hospital-Acquired Infections and Negligent Hospital Care (Sepsis, MRSA or other antibiotic-resistant infections, Bedsores, Falls and fractures due to improper patient monitoring)
- Anesthesia Errors (Overdose or insufficient anesthesia, Failure to monitor vital signs, Delayed administration of anesthesia, Allergic reactions)
For Attorney Tracy Paulsen, representing those harmed by Medical Malpractice is part of her fight for justice. Rightful Legal in on a mission to hold negligent medical professionals responsible for their wrongdoing and influence higher standards of care, oversight, and enforcement in the future. Attorney Paulsen and her team want to Fight for Your Rights and punish the careless medical providers who have harmed you and your family.
If you believe you were affected by medical malpractice, you can contact our Massachusetts Medical Malpractice Attorneys at Rightful Legal today online. You can also reach us by calling 617-821-5856.
What is Medical Malpractice?
Medical malpractice happens when a healthcare provider does not provide the proper care that a patient has a right to expect, causing the patient harm. Malpractice can be committed by doctors, chiropractors, dentists, and other medical professionals. Because their work directly affects patients’ health, medical providers must follow strict rules and high standards. When they don’t, there are consequences for violating the standard of care.
The standard of care is the level of skill and attention that a competent medical professional would provide in a similar situation. For example, if most doctors would run certain tests to check for a heart attack, but one doctor fails to do so and the patient suffers harm, that doctor may have violated the standard of care.
When a medical provider does not follow these standards, it is called professional negligence, or Medical Malpractice. If a patient is hurt because of poor or careless treatment by a medical provider licensed by the Commonwealth, they may have the right to file a medical malpractice claim in Massachusetts.
Medical malpractice can happen in many ways. Some common examples include misdiagnosing an illness, making mistakes during surgery, giving the wrong medication, causing birth injuries, using faulty medical equipment, or failing to act quickly in an emergency.
How common is Medical Malpractice?
- Medical Malpractice is an epidemic in the United States, with studies showing that over 200,000 patients die each year from preventable medical errors.
- Thousands of medical malpractice payments are made in the United States every year.
- Research shows that about 400,000 hospitalized patients every year are harmed by a medical mistake that could have been prevented by their medical providers.
What is a Medical Malpractice Lawsuit?
A Medical Malpractice lawsuit is a legal case a patient can file if a doctor or other medical professional makes a serious mistake that hurts them. It is a way for the injured patient to ask for money to cover medical bills, lost wages, pain, and other damages caused by the medical provider’s mistake.
To win a medical malpractice case, the patient must prove:
- The doctor or provider had a duty to care for them,
- The provider made a mistake or did not follow proper medical standards, and
- That mistake caused harm, such as an injury, illness, or worsened condition.
These lawsuits can happen when a doctor misdiagnoses an illness, makes a mistake during surgery, gives the wrong medication, or provides poor care that leads to serious harm. If a patient can prove malpractice, they can receive significant compensation to help with their losses. Depending on the severity of the case, injured patients can receive as much as $3.5 million or more.
The Massachusetts Medical Malpractice Lawsuit Process
Massachusetts has a unique and complex system for handling medical malpractice claims. In Massachusetts, before a Medical Malpractice Lawsuit can move forward in court, it must first go through a review process called a Medical Malpractice Tribunal.
The tribunal is made up of three people:
- A judge, who leads the process.
- A doctor or medical expert in the same field as the provider being sued.
- A lawyer, who helps review the case from a legal perspective.
The Medical Malpractice Tribunal reviews every case to decide if the patient has enough evidence to support their claim. The patient or their Lawyer must present medical records and expert opinions showing that the medical provider failed to meet the proper standard of care and caused the patient harm.
After reviewing the evidence, the tribunal makes one of two decisions:
If the case has enough evidence to move forward, the lawsuit can proceed in court with no additional steps.
If the case does not have enough proof, the patient can only continue the lawsuit if they post a bond of $6,000 or more with the court. If the patient loses their case, the court gives this money to the medical provider to cover legal costs. This is prohibitive for most patients, and it kills cases before they are ever heard in court.
It is important to have someone in your corner who understands the Massachusetts Medical Malpractice Tribunal and can prevent your case from being squelched before it even begins. Medical Malpractice Attorney Tracy Paulsen has many years of experience with this tribunal and is ready fight for you and protect your claim.
⇨ If you are interested in pursuing a Massachusetts Medical Malpractice Claim, call Rightful Legal at 617-821-5856. Our team can provide a free, confidential consultation to evaluate your unique case.
What Compensation can be Claimed in a Medical Malpractice Lawsuit?
Victims of Medical Malpractice can receive compensation including:
- past and future lost wages
- past and future medical expenses
- past and future caretaking expenses
- pain and suffering
- mental anguish
- compensation for diminished quality of life
- compensation for disfigurement or scars
- compensation for losing the ability to enjoy and other intimate aspects of a relationship (loss of consortium)
Each case is unique, and compensation depends on the individual circumstances.
According the data from the National Practitioner Data Bank, the average medical malpractice payment ranges from about $250,000 to $500,000, with more severe cases resulting in payments of millions of dollars.
Many factors can affect the value of a Medical Malpractice claim. One key factor is the severity of the harm caused by the medical negligence, with more severe injuries leading to higher compensation. Other factors include the overall amount of pain and suffering, age of the claimant, and the claimant’s individual circumstances.
How Long Do You Have to Bring a Massachusetts Medical Malpractice Claim?
In Massachusetts, there is a strict three-year deadline to file a medical malpractice claim. This clock starts ticking from the moment a patient discovers that they were harmed by a healthcare provider’s negligence.
Waiting to take action can be a costly mistake. The longer you delay, the harder it becomes to prove your case. Vital evidence can disappear, medical records may be lost, and key witnesses might forget crucial details or become impossible to reach. If you suspect you’ve been a victim of medical malpractice, do not wait—time is not on your side.
⇨ Contact Massachusetts Medical Malpractice Attorney Tracy Paulsen today at 617-821-5856 or online. The team at Rightful Legal is ready to calculate your exact date of injury and help you make your claim in time.
What Evidence do I Need for a Medical Malpractice Lawsuit in Massachusetts?
The evidence required to prove medical malpractice can vary by case, but three key components are typically necessary:
(1) the patient’s relevant medical records,
(2) sworn testimony from witnesses, including the negligent medical provider, and
(3) expert witness testimony showing that the negligent medical provider made a mistake.
An expert witness is a medical professional who helps the court understand what a competent medical provider should have done in a similar situation. They also explain how the defendant medical provider’s actions failed to meet proper medical standards.
Putting together this evidence on your own can be a challenge. A skilled Massachusetts Medical Malpractice Attorney can help you find the evidence necessary to prove your case.
Why You Should Contact a Massachusetts Medical Malpractice Attorney Now
You may be eligible to bring a claim and obtain significant compensation if:
- A medical provider licensed in the Commonwealth of Massachusetts (like a dentist, doctor, chiropractor, or physician) made a mistake in treating you AND
- This mistake caused you injury or harm.
For those who have lost a loved one to qualifying medical negligence, you could be eligible to bring a wrongful death lawsuit.
If eligible, you should engage an experienced Massachusetts Medical Malpractice attorney as soon as possible. Proving causation by medical negligence is difficult, and medical providers fight even their own patients viciously to avoid paying medical malpractice claims. Attorney Tracy Paulsen and the team at Rightful Legal are passionate about holding negligent medical professionals accountable for the injuries they have inflicted on unsuspecting patients.
You should contact a compassionate and accomplished Massachusetts Medical Malpractice Lawyer today. Be careful not to run out of time and lose your one chance to receive justice.
Why Trust Rightful Legal with Your Medical Malpractice Case?
At Rightful Legal, we provide a private, no-cost, no-obligation consultation to help you understand your case.
Rightful Legal also understands the complex medical aspects of Medical Malpractice injuries, and our team is passionate about obtaining justice for injured patients. Attorney Tracy Paulsen has years of experience in proving medical malpractice claims, bringing expertise to every case.
Attorney Paulsen understands deeply that victims are just numbers to negligent providers. She also knows how to fight back and hold negligent doctors, dentists, chiropractors, and physicians accountable for the harm they have caused to patients who trusted them.
At Rightful Legal, our team has worked on Medical Malpractice cases in Massachusetts for over 15 years. We are standing by to assess your case, collect evidence, estimate damages, navigate the complex Massachusetts medical malpractice system, handle all necessary filings, negotiate fair settlements, and, if necessary, represent you in court. Do not wait. It is crucial that you act quickly to protect your claim.
Call 617-821-5856 or contact our Medical Malpractice Attorneys at Rightful Legal immediately online. We provide free and confidential consultations tailored to each patient’s case. Attorney Paulsen is ready to help you obtain the compensation and justice you deserve from the medical provider who has harmed you.
This article was reviewed by Tracy Paulsen, a Medical Malpractice Lawyer with over fifteen years of experience handling medical negligence claims. She is a barred Attorney in the Commonwealth of Massachusetts.