cardiac surgery injury

The number of medical errors that occur every year in the United States is outstandingly high, and it’s suggested that between 210,000 and 440,000 patients every year die as a result of medical professional harm. When a patient who has suffered injuries at the hands of a healthcare professional wants to file a lawsuit against the healthcare provider, they must prove that medical malpractice occurred. Medical malpractice is another way of saying that the healthcare provider committed negligence, or otherwise violated the medical standard of care. The attorneys at Lovenberg & Associates, P.C., can help you prove medical malpractice when filing a claim for damages.


What is negligence?


Negligence occurs when a doctor or other healthcare provider breaches the medical standard of care. The standard of care refers to the degree of skill, care, and knowledge that a healthcare provider exhibits in regards to treating a patient. When the skill, care, and knowledge applied in treating a patient is unreasonable–or is not something a reasonable medical professional in the same situation would have done–then negligence, aka malpractice, has occurred. While negligence is usually an action, it may also be an omission (i.e., a healthcare provider didn’t actively harm a patient during surgery, but failed to closely watch the patient post-surgery, leading to patient injury).


Some examples of negligence that illustrate a breach of the medical standard of care include failing to diagnose a patient with an obvious condition, misinterpreting lab work, writing a prescription for a patient that could have an adverse effect based on the patient’s medical history, leaving an object within a patient during surgery, and more.


Proving that the Medical Standard of Care Has Been Breached


Proving that the medical standard of care has been breached, and that the breach was the direct cause of your harm, isn’t always easy. However, if you want to recover damages, malpractice and causation must both be established. Medical records and expert testimony from other medical professionals is often a key part of proving a violation of the medical standard of care. An attorney can help you gather key witnesses and experts, as well as gather all the medical documentation and proof of negligence you need.


How can I file my Boston medical malpractice claim today?


Chapter 260, Section 4, of Massachusetts General Laws states that all claims for medical malpractice must be filed within three years after the cause of action (malpractice) occurs. If a victim of malpractice waits longer than three years to file a claim, then the medical professional is protection from the suit, and the victim forfeits their right to recovery. At Lovenberg & Associates, P.C., our medical malpractice attorneys can help you to file your claim for damages as soon as possible, and are ready to meet with you today to discuss your claim. If you need an advocate with experience and passion to guide you through your medical malpractice claim, call us now at 617-973-9950.