If you are an expecting mother in Massachusetts, you know that when a preventable injury occurs as a result of a medical error, it has consequences not only for your well-being, but also for the health and safety of your child. After such an incident, you may wish to seek recompense; however, it is important to pursue action within the guidelines of the state’s legal code.
According to the National Conference of State Legislatures, you must file a medical malpractice claim within three years of the injury. In more complicated cases, such as an injury of which you were not—and could not reasonably expect to be—aware until after the fact, you have up to seven years to file a claim. In cases involving a foreign object left in the body, the timeline is indefinite. In such a scenario, you may pursue legal action more than seven years after the time of initial injury.
The NCSL further laid out nationwide standards for medical malpractice claims. Specifically, you must provide reasonable evidence of the following:
- In accordance with an existing standard of care, the physician owed you treatment as a patient.
- The physician violated the previously mentioned standard of care.
- You suffered harm because the physician violated that standard of care.
- You received an injury that is deemed compensable.
If you file your medical malpractice claim within the specified deadline and are able to establish through the four requirements discussed above that you were injured during pregnancy because of negligence on the part of your physician, you may be eligible to receive compensation for your suffering. Please note that this information has been provided for informational purposes and is not intended to serve as legal advice.