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'. Under the Massachusetts Wrongful Death Act, the estate-beneficiaries are entitled to recover for the following:
Reasonable expected future income of the decedent
Loss of consortium of the decedent
Conscious pain and suffering of the decedent prior to his death
Medical expenses incurred in the care and treatment of the decedent
Funeral and burial expenses of the decedent
Punitive damages awarded against the negligent medical provider
Interest on the award from the date of filing
If there is a recovery, then the court requires that each of the beneficiaries of the estate receive a fair allocation or distribution from the estate. The amount received by one beneficiary may or may not be the same as the amount received by other beneficiaries; however, it must be fair and cannot be grossly disproportional.
Because of our focus on medical malpractice and wrongful death claims, the medical malpractice attorneys at Gorovitz & Borten have a unique insight and understanding in the several components of recoverable damages. We work with our witnesses (both family, forensic economists and medical experts) to provide clear, compelling and persuasive testimony on each of the wrongful death components. By doing so the jurors can readily understand and appreciate the magnitude of the decedent's loss to the beneficiaries.
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.
If you feel that a medical error, negligence or malpractice has occurred, it is important that you contact the Boston area medical malpractice attorneys at Gorovitz & Borten at once, so that your rights can be protected and the statute of limitations preserved.
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