Boston Surgical Injuries Lawyer
Surgical injuries can be incredibly damaging for victims, resulting in substantial financial damages and reduced quality of life. If a negligent surgeon caused your injury in Boston, our attorneys are prepared to fight for your interests.
Surgical injuries lawsuits are complicated, requiring experienced attorneys to litigate. Notably, such lawsuits require victims to provide an offer of proof to a special tribunal before proceeding with a claim. Proving fault in such cases can be difficult, as attorneys must prove that a surgeon breached the duty of care and acted negligently, causing you injury. Immediately after noticing surgical injuries, it is crucial to hire an attorney as you may otherwise lose your right to compensatory damages. The statute of limitations in these cases is short, so acting quickly is vital.
Our lawyers are dedicated to representing victims and holding negligent surgeons accountable. For a free case evaluation with the Boston surgical injuries lawyers at the Law Office of John J. Sheehan, call today at (617) 925-6407.
Special Tribunals for Surgical Injuries Claims in Boston
If you recently sustained injuries during a surgery performed by a doctor in Boston, hiring a lawyer is crucial. Unlike some personal injury lawsuits, there are strict protocols victims must follow to bring a civil suit against a surgeon for medical malpractice. Because of this, victims need a Boston surgical injuries lawyer to guide them.
It can be incredibly difficult for victims with surgical injuries to successfully sue a negligent surgeon for compensatory damages without help from an experienced lawyer. That is because victims must provide an offer of proof to a special tribunal within 15 days of receiving a defendant’s response to a lawsuit, according to Mass. Gen. Laws Ch. 231 § 60B. This special tribunal consists of a Massachusetts Superior Court Justice, a licensed medical professional, and an attorney. Whether or not your surgical injuries lawsuit can proceed will be determined by this special tribunal.
Because of this, it is crucial to hire a skilled lawyer. It is a plaintiff’s burden to present evidence to a special tribunal so that they can proceed in their effort of recovering compensatory damages. Our skilled attorneys can compile the necessary proof to support your claim at a special tribunal, such as medical records, X-rays, or other forms of evidence.
This offer of proof is vital in any surgical injuries lawsuit in Boston. Suppose a tribunal does not believe that a plaintiff has provided sufficient evidence. In that case, they may find that there is no cause to go forward with civil litigation against a negligent surgeon.
Medical malpractice lawsuits against negligent surgeons do not get simpler after a favorable ruling from a special tribunal. While this first step is crucial and requires an experienced attorney, it indicates the difficulties to come. From the beginning of a lawsuit against a doctor for surgical injuries until the end, it is necessary to have our experienced attorneys by your side.
Proving Fault in a Boston Surgical Injuries Lawsuit
Once a special tribunal rules in your favor, you can proceed with your lawsuit against a Boston surgeon. That being said, there is still difficulty ahead. Proving fault in a Boston surgical injuries claim can be very hard and requires a skilled lawyer’s experience.
It can be difficult to win a Boston surgical injuries lawsuit. For victims to recover damages, their attorneys must prove a doctor’s negligence. Taking informed action and unintentionally causing injuries during surgery does not mean a Boston surgeon was negligent. Your Boston surgical injuries lawyer’s job is to prove negligence, which is not simple. The following four elements must exist in order to prove fault in a surgical injuries lawsuit in Boston:
- The surgeon owed the plaintiff a duty of care
- The surgeon breached the owed duty of care
- The surgeon’s breach of duty of care caused the plaintiff’s injuries
- The plaintiff’s injuries are real and damaging
The most difficult element to prove among the four is the surgeon’s breach of the duty of care. To do so, your attorney must prove negligence. If you sustained injuries from a surgery, your lawyer might prove that a surgeon used improper sanitization procedures or otherwise acted irresponsibly, causing you injury.
Our attorneys will aim to show that a surgeon’s negligence resulted in you sustaining otherwise avoidable surgical injuries. Our goal is to recover both economic and non-economic damages for our clients and hold irresponsible surgeons accountable for their actions.
It is important to note that a complication from surgery, and surgical injury, are different things. While the former does not always result from a doctor’s negligence, the ladder often does.
Boston Statute of Limitations for Surgical Injuries Lawsuits
Although the effects of surgical injuries can be profound and sometimes difficult to identify, victims have a relatively short period to file a lawsuit against a negligent surgeon. Because of that, it is crucial to hire an attorney immediately after recognizing surgical injuries.
The statute of limitations to file a surgical injuries lawsuit in Boston is three years. For child victims of a surgeon’s negligence, the filing deadline is three years from their 18th birthday. That being said, the statute of repose is seven years. That means child victims generally cannot sue for surgical injuries past seven years of the date of injury, regardless of whether or not they have reached majority age.
This short period, and the complications involving some child victims of surgical injuries, emphasizes the importance of hiring an attorney quickly. The longer you wait to file a lawsuit, the more difficult it can be to recover compensatory damages.
That being said, victims may not realize the injuries immediately. They may confuse surgical injuries with expected complications from surgery and not consider that their surgeon may have acted negligently.
If you are experiencing difficulties after surgery, it is crucial to consult with a Boston surgical injuries lawyer. You may have sustained damaging injuries that require substantial compensation through a lawsuit against a negligent surgeon.
Call Our Boston Lawyers if You Sustained Surgical Injuries
Victims of a surgeon’s negligence deserve justice and access to sufficient compensatory damages. For a free case evaluation with the Boston surgical injuries lawyers at the Law Office of John J. Sheehan, call today at (617) 925-6407.
