A medical malpractice claim exists when a patient believes that harm was caused by an attending physical or healthcare professional. The premise is that the provider was incompetent in the performance of their duties, and the results of the inaction or wrongful action brought harm to the patient. The nature of malpractice cases will vary by occurrence, and the reporting criteria for a valid claim can also vary according to state law. Working with malpractice attorneys in Massachusetts can give you a better idea of what the legal responsibilities are for both parties. However, before a lawyer takes your case, you will need to decide if you even have a case.
More Than Failed Treatment
If your case is hinged on a claim that your treatment didn’t work, you are going to need evidence that is was due to a provider’s negligence. Not getting the results you had hoped for does not equal a malpractice claim. Greater still is the burden of proof that an absolute expectation was established. Physicians can rarely promise certain results due to treatment.
Best Chances of Success
Medical malpractice is hard thing to prove without evidence of intentional or accidental errors, but there are some situations that have a strong chance of winning their claim. These include cases where a foreign object was left inside the patient during surgery, the wrong operation was conducted, a procedure was conducted without patient consent, or there was failure to inform the patient of the risks with a procedure.
If you are seeking to file a medical malpractice claim, your first step should include seeking legal advice. However, if your consultation reveals that the case has little grounds and plausibility of being resolved in your favor, keep an open mind. You can always seek out another opinion, but if two or three attorneys warn you about the success of your claim, you should heed their advice. It can be a costly road ahead if you choose to ignore their warnings.