Surgical Error Lawyer in Boston
Undergoing any kind of surgery is stressful because of the risk involved. If you or a loved one has suffered injury, death, or loss at the hands of a surgeon, contact us at (617) 404-3417 to find out what options are available to you for compensation. Our surgeon malpractice attorney in Boston has earned millions of dollars in settlements for victims of surgical error.
Our attorneys realize many things may go wrong during surgery, even elective and outpatient procedures. From surgery on the wrong body part to medical instruments or equipment left inside a patient, to injury to other organs and other surgical mistakes, to negligent post-operative care, the list of possible complications is long. At Crowe & Harris, LLP, our team is experienced in identifying unnecessary and unavoidable outcomes and seeking compensation for the victims of surgical mistakes.
Our surgical error lawyers represent families throughout New England, including Massachusetts, New Hampshire, and Rhode Island. If you or someone you know has suffered an injury during or after surgery, you may be entitled to seek compensation for your losses.
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Contact a surgical error attorney at Crowe & Harris, LLP, by calling (617) 404-3417 for a free consultation about your situation.
Types of Surgical Errors and Medical Malpractice
No matter how routine a surgical procedure may seem, there is always risk involved
when patients and surgeons enter the operating room. Surgeons, anesthesiologists,
and nurses are expected to take precautions through every step of the process (including
care provided before and after surgery) to ensure a successful operation. Unfortunately,
surgical errors still occur, and when they do, they can leave lasting impacts on
the victims.
It’s a common misconception that surgeons and medical professionals have so much
training, schooling, and years of experience that they are incapable of making mistakes.
Unfortunately, surgical errors are a regular occurrence in operating rooms across
the country.
Some of the most frequent types of surgical errors our team of attorneys sees include:
In some cases, surgeons or other medical professionals can make a mistake due to
improper training or pre-operation research and preparation. Other errors are due
simply to carelessness. Ensuring a successful surgery is a complex process, and when
nurses, surgeons, and other specialists act recklessly or negligently, they put innocent
lives at risk. Beyond these common errors, the nuances of surgical technology and
techniques can themselves become a source of potential errors. It's crucial to understand
that evolving surgical practices require continual updates in procedural standards
and training, which not every medical institution may follow. Therefore, ongoing
education and strict adherence to updated medical protocols are essential to minimizing
these errors.
Consequences of Surgical Errors
While no surgery is without risk, there are many common and avoidable errors that
cause injury and death to thousands of surgical patients each year.
Some of the more common problems include:
- Lack of oxygen
- Stroke
- Paralysis
- Brain injury
- Infection
- Bleeding
- Retained surgical material
- Wrong site surgery
- Death
If the careless actions of a surgeon caused you harm, you should not have to suffer
the consequences alone. The surgical error attorneys of
Crowe & Harris, LLP
work hard to get justice and fair compensation for those who have suffered unnecessary
injury. We know that you counted on your surgeon to make you better, and if their
error made your condition worse, you have the right to hold them accountable.
The aftermath of a surgical error can ripple through a person's life in devastating
ways. Not only are there physical ramifications, but emotional trauma and financial
burdens can strain family relationships and deplete resources. Immediate results,
such as physical pain and health deterioration, are often just the beginning. Long-term
effects can include chronic pain, loss of income, or the need for ongoing medical
care, further entrenching individuals and families in cycles of stress and uncertainty.
It's important to have a team that comprehensively addresses both the immediate and
enduring impacts of surgical errors.
Understanding Massachusetts Surgical Malpractice Laws
Surgical malpractice in Massachusetts is governed by a series of complex laws that
determine the rights of patients and the responsibilities of medical practitioners.
In Massachusetts, there is a three-year statute of limitations for filing surgical
malpractice claims, starting from when the patient knew or reasonably should have
known about the injury. This timeframe emphasizes the importance of acting swiftly
upon discovering a surgical error. Additionally, Massachusetts adheres to a modified
comparative negligence rule, meaning a victim’s compensation can be reduced if they
are found partially at fault for their injuries. However, if it is determined that
the victim is more than 51% at fault, they may not be eligible to obtain any compensation,
making it crucial to assess the specifics of each incident meticulously. Understanding
these laws is vital for preparing a strong legal strategy to assert the rights of
patients who have been wronged by surgical errors.
Furthermore, Massachusetts requires that surgical malpractice claims meet a screening
process before advancing to trial. This process involves a tribunal consisting of
a judge, a practicing attorney, and a medical professional who evaluate whether the
claim has sufficient legal merit. The tribunal aims to filter out non-meritorious
claims but can add complexity to the pursuit of justice for legitimate surgical error
cases. Navigating these pre-litigation requirements demands thorough documentation
and compelling evidence, stressing the need for experienced legal counsel to guide
patients through these procedural hurdles. With potential caps on damages for non-economic
losses, understanding the nuances of surgical malpractice laws in Massachusetts is
an essential step toward achieving a fair outcome.
The Importance of Choosing a Local Surgical Error Lawyer Boston
When facing the repercussions of a surgical error, choosing a local surgical error
lawyer Boston can have significant advantages. A Boston-based lawyer, familiar with
state-specific statutes and the complex healthcare landscape, can provide invaluable
insights into the local court proceedings and medical community. This local knowledge
assists in tailoring a legal strategy that aligns with Massachusetts’s specific legal
requirements and cultural nuances. Moreover, a local attorney has the ability to
efficiently gather testimonies and expert witnesses from the area, who can provide
credible insights into the standard practices expected in the Boston medical community.
Additionally, working with a local firm like Crowe & Harris, LLP brings a sense
of accessibility and personalized interaction, which is crucial during the often
stressful and emotional process of a surgical malpractice claim. By having more frequent,
in-person meetings, clients benefit from clearer communication and a stronger attorney-client
relationship. This connection is pivotal, particularly when dealing with sensitive
information about healthcare and personal well-being. Understanding local healthcare
systems also means having access to a network of supporting specialists who can substantiate
claims with relevant industry knowledge. Proximity to the local court system also
ensures rapid responses to legal developments, giving clients an edge in timely submissions
and adaptability to changes in legal proceedings.
Why Choose Crowe & Harris, LLP?
At Crowe & Harris, LLP, our attorneys have over a century’s worth of experience
in defending victims throughout New England. We are motivated and equipped to assist
you in receiving the compensation you deserve. In terms of
medical malpractice, the
results speak for themselves in showing how dedicated we are to helping our clients reach
successful outcomes.
Some examples of awards include the following:
- $1 million settlement for a woman who suffered a brain injury after what should have
been a routine D&C
- $26.5 million settlement to a young boy who developed severe cerebral palsy during birth
- $1 million settlement to a man who suffered bowel and bladder damage from a cardiac
catheterization procedure
- $1.8 million settlement to a mother who developed a urinary tract infection from
a misplaced suture during an earlier Cesarean section that resulted in the premature
delivery of her twins, one of which died and one of which suffers from cerebral palsy
- $2 million settlement to a woman who suffered brain trauma during an outpatient surgery
to treat recurring sinus infections
- $1.5 million settlement to a 52-year-old man who suffered kidney failure, spinal
nerve damage, and bilateral lower extremity paralysis during a kidney stone surgery
At Crowe & Harris, LLP, we pride ourselves on rigorously defending the rights
of our clients. Our results mean a lot to us because behind each settlement is a
highly satisfied client. Our firm not only focuses on providing legal representation
but also offers a compassionate approach to individuals going through their most
challenging times. We understand that the aftermath of a surgical error is not just
about financial compensation; it's about getting your life back on track. Therefore,
we take the time to listen, understand, and act on each unique situation to ensure
our clients feel supported throughout the legal process.
Need legal help? Connect with an experienced surgical error attorney near you in Boston now. Dial (617) 404-3417 or complete an online form.
Frequently Asked Questions About Surgical Errors
How Are Surgical Errors Determined to Be Malpractice?
Surgical errors are determined to be malpractice when there is a breach of the standard
of care expected from medical professionals, resulting in harm to the patient. In
Boston, like in other parts of Massachusetts, the standard of care is defined by
what a reasonably competent medical professional would have done under similar circumstances.
To prove malpractice, it is essential to show that the healthcare provider's actions
deviated from these standards and caused significant harm. An attorney will often
rely on expert testimony from medical professionals to establish what should have
been done and how the actual surgical procedure deviated from these expectations.
Establishing a direct link between the breach of care and the injury sustained is
critical to proving malpractice. This comprehensive approach helps in effectively
presenting the case to meet the state’s legal requirements and convince the tribunal
during pre-trial evaluations.
What Steps Should I Take If I Suspect a Surgical Error?
If you suspect a surgical error, it is crucial to act promptly. First, seek a second
opinion from another medical professional to confirm the error and assess the next
steps for your health. Collect all medical records and documents related to the surgery,
as these will be essential in any legal proceedings. Document your experience in
detail, noting symptoms, communications with medical staff, and the impact on your
life. Contact a surgical error attorney as soon as possible to discuss your case.
Timing is important due to the statute of limitations, which is three years from
discovery in Massachusetts. An experienced attorney can guide you through gathering
evidence, understanding your rights, and planning a course of action. Being proactive
ensures that you preserve your right to pursue any legal remedies available and begin
the journey toward physical and financial recovery.
Can I Pursue a Claim If the Surgical Error Occurred at a Boston Hospital?
Yes, you can pursue a claim if the surgical error occurred at a Boston hospital.
Massachusetts law permits victims of medical malpractice, including surgical errors,
to seek compensation for damages incurred. This includes medical expenses, loss of
income, and pain and suffering. To pursue a claim, you need to demonstrate that the
surgical error was due to the negligence of the healthcare provider and resulted
in harm. This process often involves a tribunal review to assess the merit of the
claim before it can proceed to court. Having a Boston-based surgical error lawyer
is advantageous, as they can effectively navigate local hospitals' systems, secure
relevant medical records, and work with local health professionals to build a strong
case. Local legal representation ensures that all jurisdictional nuances are accounted
for, optimizing the chance of a favorable outcome.
What Types of Compensation Can Be Sought in Surgical Error Cases?
In surgical error cases, victims can seek various types of compensation, known as
damages, to cover the losses caused by the error. In Massachusetts, these types of
damages include economic damages, such as medical bills, rehabilitation costs, and
lost wages due to the inability to work. Non-economic damages, compensating for pain
and suffering, emotional distress, and loss of enjoyment of life, may also be pursued.
In some cases, punitive damages, intended to punish the wrongdoer for particularly
egregious conduct, may be sought. However, Massachusetts has certain caps on non-economic
damages in medical malpractice cases. Understanding these caps and strategically
presenting the case are pivotal in maximizing the compensation achievable. An experienced
surgical error attorney can provide guidance on potential compensations and navigate
the complex process of calculating and justifying the claims to ensure a thorough
representation of all incurred losses.
How Are Fault and Liability Determined in Surgical Malpractice Cases?
Fault and liability in surgical malpractice cases are determined by assessing whether
the healthcare provider deviated from the accepted standard of care and whether this
deviation directly caused harm to the patient. In Massachusetts, proving liability
involves showing that the surgeon or medical team acted negligently and that their
negligence was the proximate cause of the patient's injury. Expert medical testimony
is frequently utilized to establish the expected standard of care and demonstrate
how the accused party's actions fell short. Detailed medical records, expert evaluations,
and witness testimonies play crucial roles in building a compelling case to prove
liability. Additionally, Massachusetts law involves comparative negligence, where
the plaintiff's potential contribution to their harm is assessed, which can impact
the compensation. A thorough legal approach ensures all relevant factors are considered
to achieve a favorable outcome for the injured patient.
Contact a Boston Surgical Malpractice Attorney
At Crowe & Harris, LLP, we have experienced surgical error attorneys who know how to cater to your needs and fight for your rights. Our dedicated team guides clients through the entire legal process, ensuring all documentation, evidence gathering, and legal strategies are meticulously handled. We focus on crafting a strong legal claim by leveraging our deep understanding of medical standards and legal precedents, which significantly benefit our clients seeking justice and compensation. Having a skilled legal advisor can make all the difference in obtaining a favorable outcome, relieving you of the stress and complexities of legal proceedings.
Contact a surgical malpractice attorney in Boston from Crowe & Harris, LLP at (617) 404-3417 for a free consultation with an experienced member of our medical-legal team.
