Filing a lawsuit after being harmed by a medical professional is by no means the easiest thing to do. But in some cases, it may be the right thing to do. However, before you rush into legal action, consider these five things first:
1. The Weight of Your Evidence
In order to actually recover compensation in a medical malpractice lawsuit – which is the whole reason you are filing the action in the first place – you will need to have some very convincing evidence. Remember, the burden of proof is on you to not only prove that negligence occurred when the medical professional violated the medical standard of care, but also that your harm would not have occurred but for that negligence.
2. The Liable Parties
It sounds simple, but knowing against whom to actually file your medical malpractice lawsuit might prove difficult. While it would make sense to file it directly against the doctor who caused you harm, filing it against their employer or the location where the harm took place may (also) be warranted. There may be a handful of other third parties against whom it makes sense to take legal action as well.
3. The Deadlines
In Massachusetts, there are strict deadlines for filing a medical malpractice action. According to Massachusetts General Law Chapter 260 Section 4, you have three years from the date that the cause of action accrues to take legal action. If you do not file your claim within the deadline, you will be barred from recovery.
4. The Costs
Another thing that you should heavily weigh is the cost of legal action, both emotionally and financially. Litigation can be extremely destructive from a mental standpoint, and you may have to live through the horror of being harmed again before the court as you tell your story. Of course, a lawsuit can also be expensive, so whom you choose for legal representation, how they charge, and whether or not they will handle upfront costs are all important considerations.
5. The Legal Teams
If you are filing a lawsuit against a doctor or hospital, you can be sure that they will have skilled and experienced lawyers on their sides – will you have an equally competent legal team on yours? It is important that you choose an attorney who not only works on a contingency fee basis, but that also has experience representing victims of medical malpractice and winning malpractice suits.
Boston Medical Malpractice Attorneys Ready to Work for You
Attorney Doug Lovenberg and the entire medical malpractice team at Lovenberg & Associates, P.C. guarantees to treat your claim with the utmost respect and diligence. Our talented Boston medical malpractice attorneys have years’ worth of experience helping victims just like you stand up for their rights when it is needed most. We have hope for your future – contact us today for a free case consultation by calling 617-973-9950.