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Medical malpractice is the failure of a
responsible health care provider (doctor, nurse, hospital, or other
provider), either by action or inaction, to exercise that degree of skill,
care and leaning under the particular circumstances. In order to prevail in
a medial malpractice claim, the plaintiff must prove:
(1) that the doctor, nurse, hospital or other health care provider undertook
the care and treatment of the plaintiff, and had a duty to use reasonable
care to avoid causing injury;
(2) that the health care provider was negligent in fulfilling that duty; and
(3) that the negligence of the health care provider was the “legal
cause” of the injury suffered by the plaintiff. Negligence is the “legal
cause” of an injury of it directly contributes to producing the injury.
DAMAGES
If the plaintiff in a medical malpractice claim prevails, the defendant is
required to place the plaintiff in the same position he was prior to the
defendant’s negligent act. Although there is no specific formula to
determine damages, the following are examples of some of the elements in
which recovery is based:
(1) the reasonable value of necessary medical care incurred and which will
be incurred in the future;
(2) reasonable compensation for the diminution in the ability to work and
earn a living;
(3) compensation for physical and mental pain and suffering, loss of
companionship, impairment of a bodily function, and scarring and bodily
disfigurement.
Medical malpractice claims are governed by strict statues of limitations and
also have special legal procedures which must be following in order to bring
a claim. As soon as you suspect you or someone you know has been the victim
of medical malpractice, contact a qualified attorney as soon as possible.
The Law Office of Steven H. Kantrovitz will evaluate your case thoroughly and
explore all potential sources of recovery. If you have an extremely complex
case, or if death occurs as a result of the negligence, we can refer your
case to some of Boston’s most prestigious law firms who have the knowledge
and resources to handle complex medical claims.
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