Medical Malpractice

Massachusetts malpractice laws were changed in 2012 with the addition ofMGL c. 231 s.60L, which establishes a process and time frame for patients and doctors to discuss alleged mistakes by health care providers, and perhaps settle claims without going to court.

Under this law, a health care provider must generally be given 182 days’ written notice before a medical malpractice claim is filed.

This notice must include (1) the factual basis for the claim; (2) the standard of care the patient claims to be applicable; (3) how the patient believes the applicable standard of care was breached; (4) what should have been done to comply with this standard of care; (5) how the breach of the standard of care was the proximate cause of the injury; and (6) the names of all health care providers that the patient intends to notify under this section in relation to a claim.

The health care provider has 150 days from when they receive the written notice to provide a written response.

The response must include, in part, (1) the factual basis for the defense; (2) the standard of care that the provider claims to be applicable to the action; (3) how the provider was or was not compliant with the standard of care; and (4) how the health care provider contends that the alleged negligence of the health care provider was or was not a proximate cause of the claimant’s alleged injury or alleged damage.

If at any time during the notice period a health care provider informs the patient in writing that they do not intend to settle the claim, the patient may begin an action alleging medical malpractice, unless there is some other bar to the action.

Patients trust their physicians to take care of them and to work toward improving the patient’s health as best they can. So, when a patient suffers illness or injury as a direct result of a doctor or other medical professional’s carelessness, ignorance, or intended action, they may be unsure of what action to take.

The fee structure for the medical malpractice case is not 29% and is determined on case by case basis.

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I have had tremendous success in the area of my practice and understand what needs to be done in order to increase your chances of obtaining a successful result.  If you have questions, please contact me at my office at (508) 791-9001 or by cell phone at (508) 769-7995.   You may also e-mail me Michael@WorcesterPersonalInjury.com or text me.  I take great pride is a very quick response time and will promptly schedule a free initial consultation at your convenience.  I have also begun to conduct quite a few meetings via FACETIME or SKYPE for those clients who are either out of state or have license issues.