Medical Malpractice Case Misconceptions: 3 Facts You Need to Know
Published in Medical Malpractice on April 18, 2024
Reading Time: 3 minutes
Navigating the complexities of medical malpractice cases can be daunting for victims seeking justice. Misunderstandings about these cases can significantly affect the outcomes for individuals adversely affected by medical negligence.
At Sweeney Merrigan Personal Injury Lawyers, we’re committed to educating our clients about the realities of medical malpractice litigation. Boasting over 45 years of collective experience, our legal experts, including the esteemed co-chair of the New Lawyers Division of the Massachusetts Academy of Trial Attorneys, Jessica M. Gray, are committed to offering compassionate and tailored legal representation. To begin your journey towards justice with a free consultation from one of our skilled medical malpractice attorneys, please contact us at 617-391-9001 or use our contact form.
3 Common Medical Malpractice Case Misconceptions
To avoid any confusion, three common medical malpractice case misconceptions include the following:
Every Medical Mistake Is Malpractice
One of the most prevalent misconceptions is that any mistake made by a healthcare provider constitutes medical malpractice. However, not every medical error meets the legal criteria for malpractice. To qualify as malpractice, the error must result from a violation of the standard of care expected in the medical community. It must be proven that a competent professional in a similar field, under similar circumstances, would not have made the same mistake. More specifically, your attorney must be able to establish that:
- You were owed a standard of care
- This care was breached
- The breach resulted in your injuries
Furthermore, there must be a direct causation between the error and the patient’s harm or injury. This distinction ensures that only cases with merit proceed, prioritizing fairness and justice in the medical and legal systems.
The Statute of Limitations Is the Same for Everyone
The statute of limitations for filing a medical malpractice lawsuit is not uniform across all cases or jurisdictions. In Massachusetts, the general rule is that a lawsuit must be filed within three years from the date the injury was discovered or reasonably should have been discovered. However, there are exceptions and nuances.
For example, cases involving minors or certain types of injuries may have different timelines, and the “discovery rule” can extend the filing deadline in cases where the harm was not immediately apparent. Understanding Massachusetts‘ specific statutes of limitations and exceptions is crucial for ensuring that legal rights are preserved.
You Have to Go to Trial
Many potential plaintiffs assume that pursuing a medical malpractice claim inevitably leads to a trial. While it’s true that some cases may require court adjudication, a significant number of claims are settled out of court. Settlements can be advantageous for both parties, offering a resolution that avoids the unpredictability, stress, and expense of a trial.
At Sweeney Merrigan Personal Injury Lawyers, we explore all avenues for resolving your case, including negotiation and mediation, to find the most favorable outcome for our clients. Our goal is to ensure that you are compensated for your injuries in the most efficient and effective manner possible, whether through settlement or trial.
Injured in a Medical Malpractice Accident? Speak to an Attorney Today
If you’ve suffered due to medical errors or negligence, it’s crucial to stand up for your rights and seek the compensation you deserve. Our dedicated team of medical malpractice attorneys at Sweeney Merrigan Personal Injury Lawyers is here to support you in navigating these challenging waters. With over a century of combined legal expertise, we’re well-equipped to advocate for clients in Massachusetts who have been adversely impacted by medical malpractice.
Our commitment is to protect your legal rights and guide you through the claims process with the care and thoroughness you need. For a complimentary consultation with a member of our seasoned medical malpractice legal team, please contact us at 617-391-9001 or complete our contact form. Let us help you move forward with confidence, ensuring those at fault are held accountable for their actions.