Liability is generally caused in a medical malpractice claim when doctors or medical personnel deviate from an acceptable standard of care.
Are There Any Caps For Medical Malpractice Awards In Massachusetts?
No, there are no caps for medical malpractice awards in Massachusetts.
How Long Does A Person Have To File A Medical Malpractice Claim In Massachusetts?
In Massachusetts, a minor child must file a medical malpractice lawsuit within three years from the date the minor’s parents had knowledge or sufficient notice that the defendant’s medical treatment may have caused the child’s injuries, with one exception: a minor child less than six years old has until his/her ninth birthday to file a medical malpractice lawsuit.
If Someone Signs A Consent Form For A Medical Procedure, Do They Still Have A Malpractice Claim?
There are a couple of issues surrounding that. Signing a consent form doesn’t void out a client’s negligence. What the consent form may do is just limit the responsibility of the doctor for what he says you are consenting to. If he or she goes beyond that point, then they can be sued for negligence. Then the next issue is whether you knew and understood what the consent form was. That’s another issue and if you knew and you understood it, then that’s a separate issue which could have to be raised.
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