Doctors take an oath to do no harm. When they break it, we hold them accountable.
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When you trust a doctor, surgeon, or hospital with your health, you expect competent care. When medical professionals fail to meet the standard of care and you are harmed as a result, that is medical malpractice. These cases are among the most complex in personal injury law, requiring expert medical testimony and a deep understanding of both medicine and law. At Altman Nussbaum Shunnarah Trial Attorneys, we have the resources to take on hospitals, insurance companies, and medical defense teams — and the track record to prove it.
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care and that deviation causes injury to the patient. The standard of care is defined as the level of treatment a reasonably competent medical professional in the same specialty would have provided under the same circumstances. Proving malpractice requires expert medical testimony establishing what the standard of care was, how the provider deviated from it, and how that deviation directly caused your injury. Massachusetts also requires that medical malpractice claims go through a tribunal process before proceeding to trial.
Medical malpractice takes many forms including surgical errors and wrong-site surgery, misdiagnosis or delayed diagnosis of serious conditions like cancer, medication errors and adverse drug interactions, birth injuries including cerebral palsy and Erb's palsy, anesthesia errors, failure to order appropriate tests, hospital-acquired infections due to inadequate sanitation, and emergency room negligence. Each type of malpractice case requires different medical experts and different legal strategies. Our firm has experience handling all of these case types.
Massachusetts has a unique pre-trial screening process for medical malpractice cases. Before your case can proceed to trial, it must be reviewed by a medical malpractice tribunal consisting of a judge, a physician, and an attorney. The tribunal determines whether there is sufficient evidence to raise a legitimate question of liability. If the tribunal finds in your favor, the case proceeds. If not, you may still proceed but must post a bond. This process adds complexity to medical malpractice cases and is another reason why having an experienced attorney is essential.
Massachusetts does not cap economic damages in medical malpractice cases, meaning there is no limit on compensation for medical bills, lost wages, and future care costs. Non-economic damages (pain and suffering) are generally capped at $500,000, but this cap does not apply in cases involving substantial permanent impairment or loss of bodily function. Given the severity of many medical malpractice injuries, recoveries can be substantial. Our attorneys work with medical and economic experts to fully document every category of damage.
If you were harmed by a medical provider and believe the treatment you received was below the standard of care, contact us for a free evaluation. We work with medical experts to assess whether malpractice occurred.
Generally three years from the date of the malpractice, or three years from when you discovered (or should have discovered) the injury, with a maximum of seven years from the date of the act. Exceptions exist for minors and cases involving foreign objects left in the body.
Economic damages (medical bills, lost wages) are not capped. Non-economic damages are generally capped at $500,000, but this cap does not apply in cases of substantial permanent impairment.
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