People often confuse or completely negate the different classifications of medical wrongdoing.
An assumption exists within our society that all instances of such behavior constitutes medical
malpractice, and yet such is only one avenue a plaintiff may pursue in hopes of recovery. Another, and
often interrelated, classification is that of medical negligence. This blog hopes to highlight the main
differences between the two legal theories, while concluding with a strong emphasis on seeking the
advice of counsel before making a decision about which claim to pursue. If, at any point in time, it
seems as though your representative is indifferent about which approach to take, be weary because
such a decision can and often does have a drastic effect on the outcome of your case. Sometimes the
most effective method is to file a complaint alleging both, however you must satisfy the legal requisites
of each claim in order to be considered as offering substantiated claims.
In the state of Massachusetts, a person aggrieved as a result of medical malpractice three years
from the date of injury to file a claim.1 Following the lapse of the three-year period, the statute of
limitations will be deemed to have run, and the claim will no longer be available to the individual.
Furthermore, Massachusetts maintains a statute that prohibits a filing of medical malpractice more
than seven years after the misconduct or mistake occurred, irrespective of when the harm is
discovered.2 Additionally, Massachusetts requires that within fifteen days of a defendant’s response,
any and all plaintiffs produce an “offer of proof” to a tribunal of professionals who evaluate the claims
and determine whether the plaintiff has presented “sufficient evidence to raise a legitimate question
of liability appropriate for judicial inquiry.”3 Medical malpractice damages are also capped by
Massachusetts statute. The procedural rules for medical malpractice and negligence are substantially
the same, and for that reason it is important to focus primarily on the substantive legal differences
between the two types of claims.
In order for a plaintiff to satisfactorily prove medical malpractice, the “plaintiff must establish
the applicable standard of care and demonstrate both that a defendant [health care provider] breached
that standard, and that this breach caused the patient’s harm.”4 This legal duty is imposed on doctors,
and requires them to perform to a standard of reasonable professional in light of his or her experience
and training. More specifically, the standard is “what the average qualified [health care provider] would
do in a particular situation.”5 To satisfactorily establish a breach of this obligation, a plaintiff may
provide sufficient facts for a jury to conclude that the doctor knew or should have known that a
patient was in need of some type of care, and that the failure to provide such care, or to provide such
care accurately, would foreseeably result in harm to the patient.
Medical negligence is different in the sense that it does not involve intent, but merely relates
to medical mishap, mistake, or carelessness. Such an event must result in actual harm to the patient.
Whether such harm is emotional, or physical is of no consequence. Medical negligence can exist
without the behavior being sufficient to warrant a malpractice claim.
If you have been injured by a doctor, nurse, or other medical professional, irrespective of their
area of expertise, consider both the legal and financial implications of filing a lawsuit. Consult with an
attorney who has experience in this field, and who can offer insight into the most effective and
efficient way to obtain justice for you. Medical malpractice and negligence work is time consuming as
it involves the evaluation of thousands if not tens of thousands of thousands of thousands of medical
documentations, along with professional assessments and reports conducted by medical doctors
within a specified field. Such cases can be lengthy, and do not always result in resolutions within a year
or even two. Be mindful of all of this when making a decision about whether to pursue legal action.
However, do not settle for inappropriate or unprofessional behavior nor should you suffer through
accidental injury without compensation.
Our team at Castel & Hall LLP is always here to help. One of our offices is in the Trade center
drive in Woburn across from the Middlesex superior court in Woburn. We are also located at 932
Concord St, Framingham, MA. Call Castel & Hall LLP: 617-716-6464 to schedule a consultation.