Boston Medical Malpractice Attorney
A Medical Malpractice trial is a confrontation waged between experts on both sides. These trials are very complicated and doctors often win because the jury gets overwhelmed with an exorbitant amount of confusing medical information filled with jargon they do not understand. It takes an experienced attorney working together with a team of experts to prove that medical negligence has indeed occurred. Massachusetts law is unique in the way it handles medical malpractice cases. Before a case can move to trial, there is a tribunal in which nurses, doctors, lawyers and a judge must take part. The attorneys at Murad Law are experienced with these civil proceedings and can handle every aspect of your case for you.
If you or a loved one is suffering due to medical personnel’s carelessness or mistake, it is imperative that you retain legal representation as soon as possible. Contact a Massachusetts Medical Malpractice Attorney at Murad Law today at 617-315-0016.
Massachusetts Medical Liability/Malpractice Laws
Massachusetts Damage Award Limit or Cap
Ch. 231 §60H. $500,000 limit for pain and suffering, loss of companionship, embarrassment and other items of general damages unless there is a determination that there is a substantial or permanent loss or impairment of a bodily function or substantial disfigurement, or other special circumstances. Except as provided, if two or more plaintiffs have received verdicts or findings of such damages in a total amount, for all plaintiffs claiming damages from a single occurrence, transaction, act of malpractice, or injury which exceeds $500,000, the amount of such damages recoverable by each plaintiff will be reduced to a percentage of $500,000 proportionate to that plaintiff’s share of the total amount of such damages for all plaintiffs.
Limits on Attorney Fees
Ch. 231 §60I. No contingent fee agreement, shall be enforced, and no attorney shall recover a fee thereunder, as a result of services rendered in an action against a provider of health care for malpractice, negligence, error, omission, mistake, or the unauthorized rendering of professional services if, at the time of judgment, the court determines that the amount of the recovery paid or to be paid to the plaintiff, after deduction of the attorney’s reasonable expenses and disbursements for which the plaintiff is liable and the amount of the attorney’s fee, is less than the total amount of the plaintiff’s unpaid past and future medical expenses included in the recovery, unless the contingent attorney’s fee: (a) is 20 percent or less of the plaintiff’s recovery; (b) is reduced to 20 percent or less of the plaintiff’s recovery; or (c) is reduced to a level which permits the plaintiff to be paid his unpaid past and future medical expenses included in the recovery. Sliding scale, not to exceed 40 percent of first $150,000; 33-1/3 percent of next $150,000; 30 percent of next $200,000 and 25 percent of award over $500,000.
Pre-Trial Alternative Dispute Resolution and Screening Panels
Ch. 231 §60B. Every action for malpractice, error or mistake against a health care provider shall be heard by a tribunal consisting of a single justice of the superior court, a licensed physician and a licensed attorney. The tribunal shall determine if the evidence presented if properly substantiated is sufficient to raise a legitimate question of liability appropriate for judicial inquiry or whether the plaintiff’s case is merely an unfortunate medical result. The testimony of witnesses and the decision of the tribunal shall be admissible as evidence at a trial.
Medical or Peer Review Panels
Ch. 111 §203 et seq. Medical peer review committees
Massachusetts Medical Malpractice Attorney Jeff Murad
At Murad Law, we understand the suffering and tragedy caused as a result of medical malpractice. Our legal experts understand that no amount of money can ease the pain of your loss or injuries. We are committed to helping you acquire the financial reimbursement entitled to your family. Our medical malpractice team is well-versed in the legal processes which accompany malpractice cases. If you or a loved one is suffering due to medical personnel’s carelessness or mistake, it is imperative that you retain legal representation as soon as possible. Contact a Massachusetts Medical Malpractice Attorney at Murad Law today at 617-315-0016.