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Crowe & Mulvey, LLP, recognizes that injured victims in Massachusetts have legal and personal needs that are very different from those of business and corporate clients. We seek to meet those needs by providing our clients with not only a high-quality personal injury attorney, but also with individual attention and emotional support to help them through the difficult time that accompanies a serious injury or death in the family.

At Crowe & Mulvey, LLP, the senior partners are personally involved in each case to make sure that each client gets the benefit of our many years of experience in representing injured victims. Our lawyers and nurses meet regularly to discuss the progress of each case and to plan strategies designed to maximize recovery for each client. Unlike large-volume personal injury firms, which adopt an impersonal, assembly-line attitude toward case preparation, our approach to each case is highly individualized and tailored to the specific facts of the case and the particular needs of the client.

While a personal injury lawyer and nurses are familiar and comfortable with the litigation process, we understand that it can be mystifying and intimidating to our clients. We want our clients to know that our personal injury attorneys and nurses are always just a phone call away, and that no question is too small or too insignificant to be answered.

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It is important to acknowledge that injured party’s actual damages could be reduced or entirely eliminated if he or she is partially or mostly responsible for his or her own injuries. However if someone else is more than 50 percent responsible for causing your injuries or your loved one’s death, then you are entitled to compensation. Damages you could be compensated for include:

• Medical bills – includes past and future medical expenses
• Lost wages – income lost from from time spent away from work
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• Punitive damages – designed to punish the defendant for misconduct

Punitive damages are rare in medical malpractice suits because the vast majority of injuries in these types of cases were caused by error or simple negligence rather than intentional misconduct. If you have been injured as a result of medical error or negligence, you still have the right to compensatory damages. A skilled attorney can calculate the amount of costs associated with your injuries – both economic and noneconomic.

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To win a medical malpractice suit, the injured patient must prove the four legal elements listed below.

1. The existence of a legal duty on the part of the physician to provide care or treatment to the patient – This legal obligation that exists toward the patient begins whenever the professional relationship is established between the patient and health care provider. This is the easiest legal requirement to establish.
2. A breach of this duty by the treating medial care provider’s failure to adhere to the standards of care accepted by the profession – Standards can differ among jurisdictions and can be more difficult to establish.
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4. The existence of damages that the patient suffered as a result of the injury – The amount of damages include lost wages, further medical bills, and other costs associated with the injuries.

The additional stress of taking legal action against the parties responsible for the death or injuries of you or your loved one may be overwhelming if you are trying to recover from your trauma. Crowe & Mulvey, LLP can handle that legal burden and take the difficult task of pursuing justice for you while you heal.

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Each patients case is unique with many different issues that affect the outcome of the patient’s health. A variety of mistakes can be made by doctors, nurses, anesthesiologists, surgeons, hospital staff and technicians. Some common errors alleged in malpractice suits include:

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• Antibiotic misuse
• Anesthesia errors
• Birth injuries
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• Failure to act on test results
• Failure to take proper precautions
• Hospital negligence
• Mismanagement of diagnostic testing
• Medication mix-ups
• Improper medication dosage
• Prescribing the wrong medicine
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• Misdiagnosis
• Delayed diagnosis
• Failure to properly diagnose
• Inadequate patient preparation before treatment
• Mistreatment
• Slip and falls
• Surgical errors
• Technical medical error
• Inadequate monitoring after a procedure
• Too much bed rest
• Premature discharge

When the healthcare providers you trust make errors and fall short of providing you or your loved one with the best care, you could face serious complications that can affect you for life. You are legally entitled to hold those accountable for their action or their inaction. You deserve justice.

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According to the Journal of the American Medical Association, medical malpractice is
professional negligence, either by act or omission by a medical care provider in which the treatment provided falls below the accepted standard of practice in that field of the medical community and causes injury or death to the patient.

This concept of medical responsibility dates back to ancient times. It is a long-held belief that every person who enters into a learned profession undertakes a responsibility to exercise of a reasonable degree of care. Crowe & Mulvey, LLP has a strong conviction that all patients have the right to expect that their medical care providers will give them the best treatment possible. We strongly believe that those who have suffered the consequences of professional negligence should not bear the costs on their own.

What if I didn’t immediately know that malpractice occurred?

The Commonwealth imposes a three-year statute of limitations – or deadline – to file medical malpractice claims from the time the injured party learns, or reasonably should have learned, that he or she has been harmed.

There is, however, a bar for initiating those claims, which is no more than seven years. There are exceptions to the seven-year deadline, such as for minors or if the malpractice claim stems from a foreign object left inside the body as a result of surgery.

Calling an attorney as soon as possible after you learn that you have been harmed by a medical practitioner will increase your chances to get the outcome you deserve. The legal team at Crowe & Mulvey, LLP will act quickly to evaluate your case, gather your evidence and file your claim on time.

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Medical malpractice suits are relatively common occurrence in the United States, however most cases, as with general personal injury cases, rarely go to trial. Most medical malpractice claims are resolved through discovery and negotiation. The experienced negotiators at Crowe & Mulvey, LLP know how to take on teams of insurance adjusters and lawyers from large medical industries and will advocate aggressively on your behalf.

Medical Malpractice in Massachusetts

For the most part, medical malpractice cases in the Commonwealth of Massachusetts follow a similar pattern to many other states.

• According to a US Centers for Disease Control and Prevention’s 2009 study, the number of patient care physicians in the US in 2009 was highest in Massachusetts with 40 per 10,000. The New England states were in the highest quartile of 27 or more physicians per 10,000 people.
• Truecostofhealthcare.org found that Massachusetts medical care providers ranked fourth among states in paying the highest annual per capita medical costs for malpractice claims.
• The state caps noneconomic damages at $500,000, except for catastrophic injuries, but commonly sees significantly greater jury awards.
• No recovery for damages will be available if a party is more than 50 percent responsible for the injuries.
• The injured party is required to submit an offer of proof to a per-trial tribunal in order to move forward with a malpractice claim in Massachusetts.
• A recent John Hopkins study suggests that medical errors are the third-leading cause of death in the United States, accounting for over 250,000 deaths per year.

Crowe & Mulvey, LLP knows how daunting the legal process must seem to someone inexperienced with facing teams of lawyers from large insurance companies and medical industries. Let our team of experienced professionals negotiate and litigate on your behalf so that you can focus on your recovery.

Our personal injury and medical malpractice attorneys and nurses are available to you to answer all of your questions, no matter how insignificant. We don’t charge you until we win compensation for your situation. Even if we determine that we can’t take your case, the evaluation will be no cost to you. To speak with a qualified member of our legal team about your situation and how we may be able to help you, contact our offices today.