Massachusetts Personal Injury: Frequently Asked Questions
1. What is medical malpractice or medical negligence and what kinds of relief may I expect from the medical provider?
Medical negligence or malpractice occurs when a medical provider or healthcare provider fails to exercise the degree of care expected of the person of ordinary prudence in protecting a patient from risk or harm. A patient or plaintiff must establish by preponderance of the evidence that the defendant had a duty to the patient that such duty was breached by failing to conform to the required standards of conduct and that negligent conduct caused harm to the patient. These cases frequently involve doctors, hospitals, nurses, dentists or those medical providers that have some degree of expertise in providing care and treatment to patients.
2. What happens in medical negligence cases?
In Massachusetts, one generally has to prove that the medical care provider failed to exercise that degree of care normally required by proof through an expert witness. In order to proceed with a case in its initial stages, the plaintiff must prove through a medical tribunal, which consists of a judge, lawyer and medical provider, that there is enough evidence, if believed, to go forward with the case. After the case has been approved by the tribunal then the matter proceeds through to the court system.
3. Are these cases expensive?
Medical negligence cases are very expensive to prosecute because one must obtain the services generally of an expert to evaluate the case and treatment provided to the plaintiff. These cases involve extensive discovery, expert evaluations and obtaining numerous medical records.
4. What are the chances of winning a medical negligence case?
The answer to any question regarding the degree of success or the evaluation of damages depends solely on the facts and adequate and immediate investigation of the case. That is why it is important that if you think you have a case you should call Attorney Morte who has experience in these matters to properly investigate the matter and expertly evaluate the case. Only then will we truly understand whether or not you have been injured and whether or not you can expect compensation.
5. What happens if I have been injured in a motor vehicle accident what should I do?
First and foremost, if you are injured make certain that you go to the hospital where your doctors are, report the incident to the Registry of Motor Vehicles, and do not accept responsibility until such time as all of the facts have been investigated. Do not talk to an insurance company or its representatives, and you should call Attorney Morte as soon as you are able. Make sure you document your situation making daily notes.
6. What kind of damages do I expect as a result of a motor vehicle accident?
Under Massachusetts law, if you have in excess of $2,000.00 in medical expenses and/or a serious permanent injury, you may expect to recover any unpaid lost wages or loss of earning capacity, your pain and suffering and all unpaid medical expenses. You may also expect to recover certain intangible damages, which Attorney Morte can explain to you.
7. What is personal injury protection?
Personal injury protection often referred to as PIP is mandatory coverage under Massachusetts law, which provides payment to you of all of your medical expenses and 75% of actual documented lost wages up to $8,000.00. If you have health insurance, that health insurance should cover any expenses over $2,000.00 excepting those deductibles which PIP will cover. For a detailed explanation of these rights, please see Attorney Morte.
8. What happens if I didn’t go to a doctor right away and now I have pain?
Of course you should get the necessary medical treatment that you need after any accident even if you question whether or not the injury is serious. When you go to the doctor or the hospital make sure that you document and explain all of your concerns, and make certain that you follow up with your own primary care physician if you are not feeling well thereafter.
9. What is a slip and fall case?
A slip and fall case occurs when someone slips, trips, falls, stumbles, or becomes injured as a result of a condition that causes that occurrence. If you believe that you have been injured as a result of someone’s negligence, then it is important to call Attorney Morte immediately in order to investigate that case. Slip and fall cases in Massachusetts are difficult cases. That is why they need to be investigated quickly so that all evidence can be gathered.
10. What is a product defect case?
A product defect case involves any situation wherein someone is injured as a result of a product that is defective. The following products may involve defects: heart valves, medical devices, automobiles, tires. Product defect cases may involve the product itself or the warnings provided with the product. A product defect case can involve breaches of warranty that is when products are not manufactured according to exact specifications. That is why it is important to call Attorney Morte if you feel that you may have a product defect case.
11. What is nursing home negligence?
We all want to believe that the care provided to our loved ones in nursing homes is adequate and reasonable. Sometimes the care that is provided is less than adequate and causes injuries to patients. These may involve falls, or inadequate supervision, or failure to provide adequate medical care. If you or a loved one believe that you have been injured in such a nursing home environment, please call Attorney Morte immediately to investigate your cause of action.
12. What are your fees and how do you handle cases?
Most cases are taken on a contingency fee basis wherein there will be no fee or charge for any time unless there is a recovery for an injury. Most often the percentage rate is one-third or 33.3% of any recovery.