There are occasions where after a medical intervention there are complications in the affected area because the intervention or the treatment recommended by the specialist was not in accordance with the patient’s situation. These complications can cause temporary or permanent damage to the patient.
When this happens, the affected person, or their family, in wrongful death cases, can proceed legally to hold the institution or staff responsible.
What do we mean by this?
To achieve an effective complaint or claim before the local authorities, you must know how to identify if you have been the victim of a personal injury for this reason.
To confirm this you should ask yourself the following:
- Did the medical professional have a duty of care to me?
- Did the medical staff breach this duty?
- Did the action or inaction of medical personnel cause harm?
- What are the damages?
What is considered medical malpractice?
It is a medical action or procedure, or omission thereof, that results in injury or damage to the patient. Generally, these acts are carried out accidentally, involuntarily or by mistake when seeking to care for a person. However, these actions can have serious consequences for the patient, which warrant taking legal action against those responsible.
Why does this medical accident happen?
Due to inexperience or lack of professional experience in the area on the part of the doctor or health specialist; for not abiding by rules or protocols to care for the patient, or, for imprudence or lack of good sense to act assertively in the face of the situation.
Common Causes of Personal Injuries Due to Malpractice
There are 4 factors that can cause a personal injury due to medical malpractice:
- Excessive diagnostic tests or invasive practices due (without
- coherent foundations).
- Little time during the consultation for the patient to express all their doubts and
- Unfair remuneration for medical specialists, coupled with long working hours, which can generate generalized fatigue and reduce the doctor’s attention span.
- Misapplied treatments, non-compliant therapies, misadministered medications, or with incorrect doses for what the patient suffers or suffers.
What to do if I have suffered medical malpractice?
Once you have confirmed that your personal injury was caused by medical malpractice, remember that,
- You must file a complaint with the hospital or health center first, and
- You must go to the nearest Massachusetts State court to formalize your complaint, whether it has caused temporary or permanent damage to your body or that of a loved one.
Also keep in mind that you will need the help of a forensic doctor as an expert to prove that your injury was the result of a bad procedure by another health specialist or, due to the complication of bad therapy, surgery, or treatment, before or after having suffered an accident of any kind.
If you have questions about how to file a complaint for this reason, contact our law firm with any questions, and thus provide you with the legal help you need to receive the compensation or settlement you deserve.