People often confuse or completely conflate the different classifications of medical wrongdoing. An assumption exists within our society that all instances of such behavior constitute medical malpractice. In reality, malpractice is only one avenue a plaintiff may pursue. Another, often interrelated, classification is medical negligence.

 

This blog highlights the main differences between the two legal theories, with an emphasis on seeking proper legal counsel before deciding which claim to pursue. Choosing incorrectly can drastically affect the outcome of your case. Sometimes the most effective approach is to file a complaint alleging both, but each claim has its own legal requisites that must be satisfied.

 

In Massachusetts, a person aggrieved by medical malpractice has three years from the date of injury to file a claim. After that, the statute of limitations expires. Additionally, no claim may be filed more than seven years after the misconduct occurred, regardless of when the harm was discovered. Within fifteen days of a defendant’s response, plaintiffs must also present an “offer of proof” before a tribunal of medical professionals, who evaluate whether there is sufficient evidence to raise a legitimate question of liability. Massachusetts law also caps medical malpractice damages.

 

Proving medical malpractice requires the plaintiff to:

 

 

• Establish the applicable standard of care,
• Show that the defendant (healthcare provider) breached that standard, and
• Demonstrate that the breach caused the patient’s harm.

 

This duty requires doctors to perform to the standard of a reasonable professional in their field. For example, a jury may conclude malpractice if a doctor knew or should have known that a patient required care and failed to provide it appropriately, resulting in foreseeable harm.

 

Medical negligence, by contrast, does not involve intent. It refers to mishaps, mistakes, or carelessness by medical providers that cause actual harm, whether physical or emotional. Negligence can exist without meeting the threshold of malpractice.

 

If you have been injured by a doctor, nurse, or other medical professional, consider both the legal and financial implications before pursuing a lawsuit. These cases are time-consuming, requiring extensive documentation review and expert testimony, and they can take years to resolve. However, victims should not suffer through accidental or negligent injury without pursuing fair compensation.

 

Our team at Castel & Hall LLP is here to help. We have offices at 100 Tradecenter, Woburn (across from the Middlesex Superior Court) and at 932 Concord St, Framingham, MA.

 

📞 Call Castel & Hall LLP: 617-716-6464 to schedule a consultation.