Springfield Medical Malpractice Lawyer

Why Choose Us

We Win Medical Malpractice Cases in Springfield, Massachusetts

When your medical professionals have hurt you instead of healed you, it may seem as if nothing is right in your world. The belief you had in the medical system has been broken and your trust violated. The result of this medical malpractice affects you physically and emotionally. Quite often, its impact is long-lasting and far-reaching.

If you have found yourself in this position, you may be entitled to compensation for your losses through filing a medical malpractice lawsuit. This complex process is best guided by experienced and knowledgeable medical malpractice lawyers.

Choosing the right representation is both critical and personal. You want to work with a firm that is well regarded and has a proven history of success, but you also want to be comfortable.  Honestly, you have already been let down in the worst possible way. Individuals filing medical malpractice lawsuits are at their most vulnerable and need to work with attorneys who understand and appreciate their situations and whose approach meets their needs.

At Cava Law Firm, we are well-positioned to provide you the service you need and deserve. When you engage us, we will compassionately leverage all our firm’s resources on your behalf. Here are the assets we bring to the table:

Experienced and Knowledgeable Professionals: Our team, led by Attorney Christopher F. Cava, knows how to handle medical malpractice lawsuits. We are diligent and persistent and motivated by wanting our community members to get their lives back on track after a horrible situation. The stories we have heard from our clients continually push us to fight tirelessly and do better for them. Nobody should be hurt by those charged with care and healing.

Client-Focused Approach: Quality service is the result of active and compassionate listening, extensive experience, attention to details, and skillful and aggressive negotiating and litigating. At Cava Law Firm, our team prides itself on gaining a full and complete understanding of what happened to you. We listen carefully to all you have to share and are always available to address your concerns. Additionally, we are motivated to do better for our clients. We are skillful negotiators who will never accept less than you deserve. We will take your case to trial if we do not believe the compensation offered is appropriate.

Proven Success: For years we have successfully handled medical malpractice cases in the Springfield area. We have extensive and successful trial experience – something very important to medical malpractice cases.  Insurance companies that insure medical professionals and medical facilities are more willing to negotiate and come to our terms when they know that trial is a real possibility.

Cava Law Firm has the ideal qualifications to bring value to your medical malpractice lawsuit, and we are ready to begin work on your case right away.

How We Can Help You

Our Medical Malpractice Attorney Acts on Your Behalf

Filing a medical malpractice lawsuit is complicated. The multistep process requires a great deal of information to be reviewed and submitted, as well as interacting with industry experts – all time-consuming activities.

Engaging a Springfield medical malpractice attorney benefits you in countless ways.  First, you can turn over responsibility for filing your lawsuit to them. When we take this off your plate, you can focus on identifying reputable new physicians and getting the care you need and deserve. Protecting your health and well-being must always be your priority.

When you engage Cava Law Firm for your medical malpractice lawsuit, you will leverage the skills and knowledge of our entire firm. This permits you to focus on your recovery.

We will:

• Meet with you to obtain a detailed account of what happened to you;
• Gather important details regarding your medical history;
• Request your medical records including all test results;
• Complete and file all requisite paperwork in accordance with the statute of limitations;
• Investigate your claim;
• Interview and engage expert witnesses;
• Communicate clearly, kindly and regularly;
• Negotiate on your behalf;
• Litigate, if necessary.

Each medical malpractice case is unique and requires full and complete attention from our team. That said, we can leverage our past experience and success to better serve you and maximize your settlement.

Our goal is to take care of everything, so you don’t have to. We will put the full resources of our firm to work on your behalf. We are ready to get to work on your case today!

Winning Is NO Accident!

How Our Medical Malpractice Lawyers Prove Medical Malpractice Claims

Knowledge, experience, and hard work are the basis for our success.  We know that medical error and negligence is one of the leading causes of death in the United States, though not all of these cases result in medical malpractice claims. Many victims simply do not know this is an option or, if they do, they don’t know how to proceed. As mentioned, these cases are challenging to litigate and thus difficult to win.

Medical malpractice requires proof of four very specific elements. At Cava Law Firm, we know how to get this done. The elements include:

1. Existence of Duty of Care:  You must establish that there was a duty of care. In cases like this, that basically means that you or your loved one was a patient of the medical professional or medical facility.
2. Failure to Provide a Proper Standard of Care. In other words, this is a breach of duty. A medical professional must provide the standard of care that a reasonably competent medical professional in the same field and under the same circumstances would provide. For example, a general doctor’s duty of care will vary from an oncologist’s duty of care.
3. An Injury Results from Medical Negligence or Medical Error. Breaching a duty of care is only part of the equation. You must also suffer harm in the form of bodily injury or illness or else you do not have a claim. You must prove that the error or negligence caused the harm and that without the error or negligence the injury would not have happened.
4. Compensable Damages Must Exist. You must be able to show that the injury was considerable and resulted in consequences, like medical bills, wage loss, pain and suffering, and mental anguish.

At Cava Law Firm, our medical malpractice attorneys have a proven history of building strong, well-supported, winning medical malpractice cases. Our initial goal is to settle your case in the negotiations phase. Our attorneys are skillful in the practice and as a result we are often successful at doing just this; thus, not every case goes to trial.  In the end the decision about whether to accept or reject an offered settlement lies with you.  You suffered at the hands of others, and you must be comfortable with the outcome. If you are not happy with the settlement suggested, we will not hesitate to go to court and litigate aggressively on your behalf. In every case, we are not satisfied until our clients are satisfied.

FAQs for Medical Malpractice Attorneys in Springfield

As a victim of medical malpractice, your life has likely become incredibly difficult.  It is hard enough to manage your health when the care you receive is appropriate. When those you trusted to treat you don’t make your well-being their first priority and they provide inappropriate or negligent treatment, you suffer even more.  Every person’s experience is unique, but all who find themselves in the position have a host of concerns. Below we have shared some of their questions along with our answers to them.

What Are Examples of Medical Malpractice?

There are a host of issues that can result in medical malpractice. Most often, these claims involve:

• Misdiagnosis,
• Delayed diagnosis,
• Failing to diagnose,
• Failing to warn a patient of certain risks,
• Failing to order the right tests or mixing up tests,
• Failing to read test results accurately,
• Failing to act appropriately on the results of tests,
• Failing to follow up with a patient,
• Discharging a patient prematurely,
• Prescribing the wrong medication or dosage,
• Operating on the wrong body part,
• Leaving a foreign object in the body after surgery,
• Acquiring a potentially fatal infection at a medical facility, and/or
• Developing pressure ulcers or bedsores.

Our medical malpractice attorney can review what happened to you and determine how best to address your case.

How Much Can I Win from a Medical Malpractice Claim?

Settlements for medical malpractice vary greatly. How much you “win” depends upon the damages you suffered. Settlement limits exist as well.  Generally, you should be reimbursed in full for all economic (or special) damages you suffer, including:

• Medical bills (past and future);
• Wage loss (past and future);
• Prescriptions;
• Nursing costs;
• Physical therapy, other rehabilitation services; and/or
• Transportation costs to and from doctor appointments.

You should also be compensated for non-economic (or general) damages, like pain and suffering and mental distress. These are more challenging to prove but are very real losses.

Punitive damages are rare but possible. These types of damages are not compensatory; they are meant to punish the wrongdoer and prevent the same type of wrong from occurring again. In medical malpractice cases, punitive damages could be awarded if you can prove the defendant showed a reckless disregard for your rights or life.

How Long Does It Take to Settle or Obtain an Award for Medical Malpractice?

These cases are difficult and take time. As wrongful death attorneys in Springfield often explain, there will be an investigation to conduct and analyses to complete, along with expert witnesses to be heard. Given the high-stakes nature of these cases, the process takes longer than other personal injury or wrongful death matters. This is where Springfield brain injury lawyers can play a crucial role in managing the complexities of such cases.. If the case is settled, it could take a year or more. If, however, you go to trial, it can take several years.

Also, unlike other tort cases, there is a mandatory tribunal proceeding in Massachusetts for medical malpractice lawsuits. Within 15 days after a defendant files an answer to a complaint, the plaintiff must file an offer of proof with medical evidence that negligence existed in your case.  The tribunal panel consists of a doctor, judge, and lawyer.  The tribunal panel will review the offer of proof supporting the claim of medical malpractice for the plaintiff. If the tribunal finds that there is a legitimate question of liability, then the matter can continue to trial. If the tribunal finds that there is not, you can still go to trial but must post a $6,000 bond with the clerk of the court. So, this added step requires more time to ensure a claim is well-supported and documented.

Who Can I Sue for Medical Malpractice?

The list of those responsible is long. Basically, any medical professional or medical facility can be sued for medical malpractice. This includes:

• Doctors,
• Nurses,
• Chiropractors,
• Surgeons,
• Therapists,
• Pharmacists,
• Pharmacies, and/or
• Nursing Homes.

You can also sue more than one person or entity, as responsibility could be shared.

For example, if you had surgery at a hospital and the doctor was negligent by leaving a foreign object inside your body, you can sue both parties. You may also be able to sue the hospital under the legal doctrine of respondent superior if the hospital employees were negligent. This is similar to cases of nursing home fall liability, where a nursing home can be held responsible for falls due to its negligence or that of its staff. In such instances, the hospital, much like a nursing home, may be vicariously liable for their medical negligence or error. That said, even without this doctrine, a hospital or another entity can be sued if it was otherwise negligent (e.g., failing to hire proper staff).

How Long Do I Have to File a Medical Malpractice Claim in Massachusetts?

You must file a claim within three (3) years from the date of your injury or when you should have reasonably learned of it. You should file as soon as possible, though, to secure the evidence. The longer you wait, the more likely it is that evidence can get lost or misplaced.

We hope the questions and responses shared above provide you with important information regarding medical malpractice lawsuits.  We recognize, though, that you likely have even more specific questions regarding your case. Contact us today at (413) 737-3430 or (413) 781-CAVA (2282) to schedule a free consultation.

Time is Valuable – Act Now!

Contact an Aggressive, Diligent Springfield Medical Malpractice Attorney Today

Medical professionals are charged with treating illness and injury, not causing them. If the professionals treating you have failed in their duty of care, contact us. You should not be responsible for the associated costs of their inappropriate actions.  In fact, you may be eligible for compensation by filing a medical malpractice claim.

Our personal injury lawyers at Cava Law Firm are ready to go to work for you immediately. We know what needs to be done and understand the time constraints in which to operate. The challenges surrounding medical malpractice claims are considerable, but we are ready and able to handle them.

Our firm is committed to providing those impacted by medical malpractice with the highest quality legal services.  Our ultimate goal is to maximize your settlement while providing you the high-quality, compassionate legal services you deserve.

Client Testimonial

”Cava law firm has been mine and my family’s go-to for all of our legal needs! Whether it’s for personal injuries, vehicle accidents, or just some guidance in legal advice, Christopher and Jennifer as well as their outstanding team always do an amazing job with returning calls and getting the job done in a most professional and timely manner. The practice is a very relaxing environment, you just feel at ease and at home in times that can cause anxiety and frustration for most people. I highly recommend the Cava law firm for all your legal needs as well. They definitely do everything they can to get you what you deserve and if you’re at fault they help guide you in a way to help you feel like things will be okay. They continue to follow up and make sure you are truly happy with your experience.” – Mary Emmonds (Google Review)