Primary Care Malpractice
People often count on their primary care physicians to protect and maintain their health, in part, by identifying and treating acute and chronic conditions. Sadly, not all physicians perform their professional duties adequately, and when they fail to provide their patients with competent care, it can lead to critical harm. If you were hurt due to your doctor's carelessness, you might be able to seek damages for a primary care malpractice lawsuit. At The Law Offices of John C. Manoog, III, our seasoned Cape Cod attorneys zealously advocate on behalf of the parties we represent to provide them with a strong chance of obtaining a favorable outcome. Our lawyers have more than one hundred and fifty years of collective experience representing parties hurt by inadequate medical care on Cape Cod and in Plymouth. Our dedicated advocacy has enabled us to obtain numerous multi-million dollar verdicts and settlements for our clients.Harm Caused by Primary Care Malpractice
Primary care physicians typically see both sick patients and those without any concerning symptoms. When a seemingly healthy patient visits a doctor, the doctor will typically take note of their vital signs, conduct blood tests, and evaluate any symptoms or results that may be cause for concern. If a primary care physician fails to properly evaluate a patient’s health history or prescribes medication that is contraindicated, it can cause grave harm. Similarly, if a patient presents to a doctor with significant symptoms that indicate a critical issue and the doctor fails to escalate the patient’s care, it can lead to severe and sometimes fatal complications.Establishing Liability for Primary Care Malpractice
Primary care physicians are expected to treat the patients with the knowledge and skill commensurate with their profession, and if they do not, and their patients suffer harm, it may be considered malpractice. Generally, a plaintiff in a medical malpractice lawsuit will assert a negligence claim against the defendant.
Under Massachusetts law, a plaintiff alleging negligence in the context of medical care must first establish that the defendant had a duty to provide treatment that complied with the relevant standard of care. The standard that applies is the care that a competent professional working in the same practice area would provide when presented with a similar set of facts. Next, the plaintiff has to prove that the defendant breached the standard of care in some way. Typically, the plaintiff must hire a medical expert to testify regarding the standard of care and the manner in which the defendant breached the standard. Finally, the plaintiff must show that the defendant’s departure from the standard of care directly led to the plaintiff’s injuries.
In some instances, the defendant will attempt to argue that the plaintiff’s harm was unavoidable or was caused by a factor other than the defendant’s negligence. As such, expert testimony is usually needed to link the defendant’s behavior to the plaintiff’s harm. It is important to note that anyone who wishes to file a medical malpractice lawsuit against their primary care physician must act promptly, as there are strict statutory limits regarding when such claims must be filed. Specifically, the law provides that they must be brought within three years of when the cause of action accrues, which is when the injured party knows or reasonably should know what caused their harm. Regardless of when the person discovers the source of their losses, they must bring medical malpractice claims within seven years of when the harm occurred.Confer With an Experienced Cape Cod Attorney
When primary care physicians perform their duties negligently, they can cause significant losses. If you suffered harm due to primary care malpractice, it is in your best interest to confer with an attorney about your options. At The Law Offices of John C. Manoog, III, our experienced Cape Cod medical malpractice lawyers are skilled at navigating the complexities of claims against physicians, and if you hire us, we will gather the evidence needed to provide you with a good chance of a successful result. We have a record of obtaining favorable outcomes, including many settlements and verdicts exceeding million dollars. We represent injured parties in civil lawsuits on Cape Cod, and we can meet for consultations in Hyannis and Plymouth. You can reach us via our form online or at (888) 262-6664 to set up a consultation.