Unfortunately, not every encounter with a medical provider (whether it be a doctor, nurse, midwife, nurse practitioner, hospital or other facility) results in a positive outcome. In some instances, the patient suffers serious injuries as a result of a medical error or malpractice.
If the patient dies as a result of those injuries or malpractice, it could create a "wrongful death" cause of action. In a wrongful death cause of action against a medical provider, the only person who can commence the malpractice litigation is the court appointed executor or administrator on behalf of the estate and its beneficiaries.
In Massachusetts, the right to recovery for an act that negligently caused the death of a person is governed by Massachusetts General Laws chapter 229. Chapter 229, also known as the 'Massachusetts Wrongful Death Act', details the following:
Who can be a Plaintiff
Who is/are the Defendant(s)
Time period to file suit (Statute of Limitations)
Who are the possible Beneficiaries
Items not recoverable
The medical malpractice attorneys at Gorovitz & Borten are well versed in the successful processing of a wrongful death claim, whether it be from the initiation of the claim because the patient has died previously, or an additional count for wrongful death because the patient died after the medical malpractice action was started.
Gorovitz & Borten is one of just a few law firms in Greater Boston and all of Massachusetts with a practice focused solely on representing victims of medical malpractice. Our medical malpractice attorneys have handled wrongful death cases resulting from:
Failure to diagnose cancer
Maternal death from delivery complications
Infant death from labor and delivery complications
Postoperative infection (sepsis)
Interventional radiologic procedure complication
Failure to treat in accordance with the required standard of care
If you suspect that you or your loved one was the victim of medical malpractice, contact us to discuss your particular situation. Protecting your legal rights will benefit you and your family. Although a lawsuit will never bring back a lost loved one, at Gorovitz & Borten the medical malpractice attorneys believe it is our duty (ours and yours) to hold medical providers accountable and to protect future potential victims by improving the quality of medical care by pursuing cases against medical providers responsible for a wrongful death.
Contact Information For a free confidential consultation and receive a response within 24 hours (when possible), please contact us by phone, fax or e-mail with your question or concern.
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