Medical malpractice is identified by a failure to provide care that meets or exceeds the standards regulated by the federal government. In these cases, it is necessary to use an expert witness within the same medical field to provide credibility for the claim. They testify based on the probability that the defined actions could have happened during the procedure. They also identify that the witness’s injuries are conducive with these actions.
Reviewing Damages in Medical Malpractice
In a medical-malpractice case, the state of Massachusetts imposes restrictions on the type of damages awarded as well as how much. The first of these awards is compensatory damages. This includes any wages they lost and medical expenses. The award provided is based on proof that shows exact dollar amounts for these losses. If you need to acquire proof, contact a Personal Injury Lawyer in Gardner MA today.
Next, non-economic damages include tort ruling such as pain and suffering. Claimants cannot acquire more than $500,000 in damages for these implications. The only exception to this ruling is when the victim’s injuries include a disfigurement or permanent physical impairment.
And, lastly punitive damages, are essentially a form of financial punishment for disrupting the patient’s life. The judge may rule that the doctor must pay these damages due to their misconduct. This is basically the same action as assigning a hefty fine when a crime is committed.
Understanding the Statute of Limitations
While medical malpractice is complicated to say the least, the victim has a seven-year window to file a claim. Unlike some states that allow further exceptions for injuries that were discovered later, Massachusetts enforces the statute of limitations strictly. After seven years, you cannot file a claim. You forfeit all rights to compensation.
Medical malpractice reduces the faith patients have in doctors the world over. The frequency of these incidents has driven some individuals to change their perception of modern medicine entirely. For victims who were injured, they may never trust another physician completely with their health care. If you were injured during a medical procedure, you hire a Personal Injury Lawyer in Gardner MA by contacting Daniel and Fontaine LLC today.
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