This is a question asked by hundreds, if not thousands, of people across the country every day. Medical errors with disastrous consequences are not uncommon, in Massachusetts as well as in the rest of the country. However, proving that those errors happened at the hands of a licensed physician requires more than an accusation and suspicion.
The first thing you should know about any medical malpractice case is that the burden of proof lies on the plaintiff’s shoulders, and the requirements to present that proof is substantial and complex. The first step any party who believes they may have a feasible medical malpractice case should take is to consult with an experienced attorney.
Who should handle a medical malpractice case?
A layperson will not understand the accepted standard of care in a particular area of medicine, but an attorney will be able to locate and review it. They can then determine the likelihood of winning your case, as well as provide an expert opinion as to the case value and estimation of legal fees and costs.
When there is a demonstrable failure to provide adequate, quality care that resulted in a disastrous and compensable loss, a medical malpractice case could be viable. However, that is not always the case financially. It is important to speak with an attorney who will give you an honest opinion regarding the costs, time and expenses of your unique situation. These cases are complex, expensive and very time consuming for all involved, often taking years to complete.
The question of whether or not a person has a medical malpractice case cannot be adequately answered with a definitive yes or no without the full story.