We Win Medical Malpractice Cases in Springfield, Massachusetts
At Cava Law Firm, we are diligent and persistent. We are motivated by wanting our community members to get their lives back after a horrible situation. We are motivated by the stories we hear. And we are motivated by our own will to do better for our clients.
Because of this motivation, we go the distance and never shy away from trial. In fact, having extensive and successful trial experience is very important in medical malpractice cases, and we have that. Insurance companies like those that ensure medical professionals and medical facilities are more willing to negotiate and come to our terms when they know that trial is a real possibility.
Our experience and track record puts medical malpractice insurance companies and their policyholders on notice that we aren’t here to take their first offer – we’re here to get fair and full compensation for our clients.
You can contact us online or call us at (413) 737-3430 to schedule a free initial consultation. During this consultation, we will review your case and provide initial thoughts and advise you of your best options.
How Our Medical Malpractice Lawyers Prove Medical Malpractice Claims
Medical error and negligence, according to a Johns Hopkins study, is the third-leading cause of death in the United States. Not all of these cases resulted in medical malpractice claims. As we said, these cases are difficult to win. You must be able to prove four specific elements.
- Duty of care existed. You must establish that there was a duty of care––basically, you or your loved one was a patient of the medical professional or medical facility.
- Failure to provide a proper standard of care. 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.
- An injury results from the 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 without the error or negligence, the injury would not have happened.
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, we put together strong, well-supported medical malpractice cases. Oftentimes, we can settle the case before the trial stage––but the decision to settle a case remains with the client.
FAQs for Medical Malpractice Attorneys in Springfield
You probably have lots of questions if you believe your doctor or another medical professional or facility has failed in their duty of care to you. Here, we answer the questions we typically get from clients. These responses, however, are general. To get a better understanding of your own situation, contact us online or call us at (413) 737-3430 to schedule a free initial consultation.
Most often, medical malpractice 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
- Developing pressure ulcers or bedsores.
How much you “win” depends greatly on the damages you suffered and the medical malpractice attorney in Springfield you hire to fight for fair and full compensation on your behalf. There are limits, however, to what you can get.
Generally, you should be reimbursed in full for all economic (or special) damages you suffer, such as:
- Medical bills (past and future)
- Wage loss (past and future)
- Prescriptions
- Nursing costs
- Physical therapy, other rehabilitation services
- 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.
Punitive damages are rare but possible. These types of damages are not compensatory but are meant to punish the wrongdoer and prevent the same type of wrong. In medical malpractice cases, punitive damages could be awarded if you can prove the defendant showed a reckless disregard for your rights or life.
These cases are difficult and take time. There’s an investigation to do. There’s analysis that needs to be done. There are 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. 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’s 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 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 isn’t, 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.
Any medical professional or medical facility can be sued for medical malpractice. This includes:
- Doctors
- Nurses
- Chiropractors
- Surgeons
- Therapists
- Pharmacists
- Pharmacies
- Nursing Homes
You can also sue more than one person or entity.
For example, if you had surgery at a hospital and the doctor and nurse were negligent by leaving a foreign object inside your body, you can sue both. You may also be able to sue the hospital under the legal doctrine of “respondeat superior” if the doctor and nurse were employees of the hospital. If so, the hospital 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).
You must file a claim within 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.
