Worcester MA Medical Malpractice Lawyer

Serving Worcester and Cambridge

As a Worcester MA medical malpractice lawyer, and law firm, we have substantial experience in medical malpractice and a proven record of high-value verdicts and settlements for clients who have been harmed as a result of medical malpractice.

In order to prevail on a medical malpractice claim, we must prove that there existed a provider/patient relationship between you or your loved one and a healthcare provider, that the healthcare provider failed to meet the standard of care that a similarly qualified professional would be expected to meet under the circumstances, and that the healthcare provider’s breach of duty caused you or your loved one to suffer harm that would not have occurred but for the provider’s negligence.

Medical malpractice may occur as a result of misdiagnosis, a treatment error, or a surgical error. It may be that a healthcare provider misreads an imaging study, fails to correctly identify a medical condition in a timely manner, performs unnecessary surgery, including by operating on the wrong body part of leaving surgical instruments inside the patient, or prescribes the wrong medication or dosage.

Misinterpretation of Imaging – X-Rays, CT Scans, MRIs. At Raphaelson Law, we have prosecuted multiple cases involving the misinterpretation of imaging studies.

In one case, an emergency room resident radiologist at Saint Vincent Hospital in Worcester misread the age of recent strokes as “unknown” and discharged our client with a diagnosis of vertigo. As a result, the correct medical diagnosis of intravascular lymphoma (a cancer that blocks the flow of blood in the brain’s blood vessels, causing stroke) was delayed and our client suffered significant, preventable brain damage. In the Worcester Superior Court jury trial against Saint Vincent Hospital, we introduced testimony of four highly qualified experts to prove our client’s case and secure a multi-million judgment for the family to help with the financial burdens associated with the losses they suffered. The experts were the head of the Johns Hopkins Emergency Department, the head of Johns Hopkins Radiology Department, the head at Neurology and Director of Neurocritical Care at San Francisco General Hospital, and a neuro-oncologist from Duke Health. To learn more about the case, see Medical Malpractice Misinterpretation of CT scan at Saint Vincent Hospital Worcester MA

In another imaging study case, a radiologist unfortunately misread a CT scan of a four-month old child’s hip dysplasia as a normal image of the child’s hip. When the correct diagnosis of hip dysplasia was made two years later, it was too late for less invasive, non-surgical medical management, which worsened the child’s prognosis. We were able to settle the case before filing a lawsuit. To learn more, see Medical Malpractice Misdiagnosis of Child’s Hip Dysplasia 

Misdiagnosis of Medical Conditions. As a Worcester MA medical malpractice lawyer, and law firm, we have seen misdiagnosis lead to tragic results. In one Cambridge-area case, an emergency room physician misdiagnosed our client’s brain bleed as a migraine headache without ordering a CT scan. Our client presented to the ER with symptoms classic for brain bleed — the worst headache of her life, vomiting and diminished consciousness. Given those symptoms, the ER physician was required to order a CT scan, which is highly reliable for detecting subarachnoid hemorrhage. Instead, the hospital sent our client home with a migraine diagnosis, where she fell into a coma and was found unresponsive several hours later. The delay in diagnosis caused permanent brain damage. The multi-million settlement of our client’s claim included the creation of a trust to provide a sustainable solution for our client’s long-term care and supervision. To learn more about misdiagnosis in medicine, see Medical Malpractice Misdiagnosis of Brain Bleed; Medical Malpractice Misdiagnosis of Compartment Syndrome; Medical Malpractice Misdiagnosis of Tumor;   Medical Malpractice Misdiagnosis of Child’s Hip Dysplasia 

Never Events. Some medical outcomes should never happen. They are called “never events”. We proved that the removal of our client’s healthy kidney was a never event. Health care personnel failed to use two patient identifiers to match the correct patient with the correct imaging, leading the personnel to mix up our client’s clean imaging study with the imaging study of another patient with the same name who had a large kidney tumor. The surgeons had an opportunity to feel our client’s healthy kidney before cutting it out, and went forward with the surgery even though a kidney with a large tumor weighs much more and feels much different than a healthy kidney. We secured a multi-million settlement from multiple care providers that contributed to the systemic failure that led to the never event. To learn more, see Worcester MA medical malpractice lawyer: Medical Malpractice Never Event

Compensation For Medical Malpractice Losses. The cases set herein exemplify the profound emotional and physical toll on patients and their families that medical malpractice may cause. The losses may include permanent disability or disfigurement, psychological trauma, disruption to personal relationships and family dynamics, and financial strain due to ongoing medical needs or loss of income. Compensation for medical malpractice may include reimbursement of medical bills and payment for future costs of medical care, lost income and reduced earning capacity, emotional distress and loss of enjoyment of life, and past, present and future pain and suffering.

Our Approach. We begin by assessing whether the medical treatment deviated from the accepted standard of care, and whether there is potential liability. This will likely include interviewing you and perhaps witnesses of the medical care, reviewing medical records, and may also include consulting with medical experts, in order to determine the strength of the claim. If we believe there has been medical malpractice resulting in significant harm to you or your loved one, then the next steps include sending a letter to the healthcare provider setting forth the basis of your claim and seeking a resolution, and if necessary filing a lawsuit to prosecute your claim. If a lawsuit is filed, further steps include obtaining evidence in support of your claim, whether by additional records or testimony under oath, and securing expert witness testimony.

The Massachusetts Apology Law – the Injured Patient’s Perspective

In 2012, the Massachusetts Legislature passed the Health Payment Reform Act, also known as the “Apology Law,” to provide a vehicle by which health care providers could try to reduce medical malpractice litigation by communicating early with injured patients about poor medical outcomes.  The law contemplates that health care providers will disclose to injured patients.

Call Now For A Free Consultation

As a Worcester and Cambridge law firm focused on medical malpractice, we are prepared to provide you and your family legal guidance and support to help you move forward. To set up your free consultation, call us at 617-204-9800 or contact us online.