How to Know If a Medical Malpractice Event Has Occurred

Have You Been a Victim of Malpractice?

Our medical system is based on entrusting doctors, surgeons, nurses, pharmacists and other qualified professionals with the health and wellbeing of ourselves and loved ones. When these individuals fail to perform their duty or conduct themselves in a negligent a manner that causes real harm, malpractice has likely occurred and significant compensation could be available. If you suspect that you or a family member has been a victim of malpractice, you must act quickly to find justice through the Massachusetts legal system. Below is a cheat sheet outlining how to know if a medical malpractice event has occurred.


Don’t let financial constraints prevent you from finding justice. Contingency-based payment options are available for legal representation.

Cheat sheet for recognizing a malpractice case has occurred.

1) A doctor-patient relationship existed

2) The doctor was negligent

• not that one is just unhappy with the treatment outcome. Doctor must be negligent in with diagnosis or treatment.

3) The doctor’s negligence caused the injury

4) The injury led to specific damages

• physical pain

• mental anguish

• additional medical bills

• lost work and lost earning capacity

Other instances may include but are not limited to:

1) Death due to mistreatment

2) Errors during surgery

3) Lack of informed consent

4) Low staff led to a negligent act

5) New symptoms arise

6) Later diagnosis

7) Fault was Admitted

Common types of medical malpractice

1) Failure to diagnose

2) Improper treatment

3) Failure to warn patient of known risk

Special Requirements of Malpractice

1) Medical malpractice claims must be brought about soon after the incident has occurred

2) There are special panels that review medical malpractice cases in most states

3) Some states require special notice

• Telling the doctor of the malpractice before filing the claim

4) Expert testimony is required

5) Limits on the damages awarded

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