Serving Greater Boston, Essex, Middlesex, & Suffolk Counties

Mark C. Thomas and his medical experts are experienced in proving negligence by medical providers. If you believe you are the victim of negligence and/or malpractice, contact the law firm of Mark C. Thomas for a free, no-obligation consultation.

Negligence due to medical malpractice can occur in any environment where you receive treatment, and can include cases against doctors, nurses, or other health care providers. Examples of cases involving medical negligence include:

Failure to Diagnose

Failure to diagnose a medical condition is a form of medical malpractice. Nearly half of ALL medical malpractice claims or lawsuits are caused by Failure to Diagnose a condition, such as Cancer, Heart Attack, Stroke, Blood Clots, and E. Coli/Salmonella.

If a doctor of hospital fails to diagnose a medical condition and follow a certain required standard of care please contact the Law Firm of Mark C. Thomas at 857-453-6700 for a FREE CONSULTATION.

If you or a loved one has been misdiagnosed or there was a failure to diagnose, will vigorously pursue the maximum amount of damages for any failure to diagnose. We can also go after Insurance Companies for their failure to allow doctors to do certain medical tests to help diagnose cancer. Cancer is at or near the top of the list for conditions doctors have failed to diagnose the most. If you or your loved one has been diagnosed for any of the below-mentioned list please call 857.453.6700 right away and let our medical experts do your arguing for you.

  • Breast cancer
  • Skin cancer (Melanoma)
  • Colon cancer
  • Lung cancer
  • Prostate cancer
  • Heart attack
  • Stroke
  • Blood clots
  • Bacterial meningitis
  • Sepsis

Birth Defects

The Law Firm of Mark C. Thomas will fight hard to find the answers you deserve, whether your child's birth defect is the result of be a doctor's negligence or an error steaming from the delivery room. Many child's birth defects and injuries have been traced back to use of the the drug Paxil. Paxil is prescribed to treat depression, which we now know is linked to causing birth defects, serious side effects, and even suicide. If you or a loved one has taken antidepressant medications which include Paxil, Zoloft and Prozac, and your child was injured due to a premature birth, sustained heart damage/Valve Damage, Lung Damage, or Persistent Pulmonary Hypertension in the Newborn child (PPHN), please call 857.453.6700 and we will fight for you or your child's rights.

Brain Damage

Brain damage is a personal injury that may result from medical malpractice during anesthesia, during childbirth, or as a result of other events which cause decreased blood flow to the brain, depriving it of oxygen. The damages from brain injury can be extremely severe and are usually permanent. If the brain damage resulted from the negligence of a physician or other medical provider, then the injury can be compensable.

Cerebral Palsy

Cerebral Palsy is a condition caused by damage to a developing brain. This most often occurs when there is a lack of oxygen to a newborn child. Cerebral Palsy is a permanent condition that may be caused by the following reasons:

  • Doctor/hospital waited too long to do a C Section
  • Too much Pitocin used to induce labor
  • Failure to monitor the fetus
  • Anesthesia. Over-sedation of the mother.
  • No Pediatrician present during the child birth

Erb's Palsy

Erb’s Palsy is a trauma to the newborn child's shoulder. The shoulder is blocked behind the mother's cervix during her delivery. The baby’s head comes out, but the shoulder fails to deliver. This is called Shoulder Dystocia. The shoulder dystocia causes the nerves (called the brachial plexus nerves) to tear or even rupture causing paralysis. A properly trained obstetrician should be able to identify the risks to the mother and child PRIOR to birth, and avoid any problems by scheduling a C Section. Failure to do so in a timely manner may cause Erb’s Palsy.

Birth Injuries

Other birth injuries may result from negligent pre-natal care, injuries during delivery, failure to perform a caesarian section, or failure to provide medical care to the newborn baby. Birth injuries from medical malpractice can be permanent and catastrophic, and may result in developmental delays, neurological injuries or death. Some other examples of birth injuries or conditions that may be the result of medical malpractice include:

  • Bruising, surface injuries, cephalohematoma, and brain injuries caused by foreceps and vacuum extractors
  • Group-B Strep disease, which can result in sepsis, pneumonia, or meningitis as many as several months after birth
  • Kernicterusa, which is a progressive type of brain damage that can develop in infants who suffer from untreated, severe jaundice

Medication Errors

On average, every patient has at least one (1) medication error every day caused by a doctor, nurse or pharmacist. There are many reasons why this happens, but some of the most common reasons are miscommunication between the doctor and nurse and/or nurse to pharmacist. Nearly 100,000 wrongful death claims of medical malpractice are brought every year. If you have a serious disability or a loved one has had a death caused by a Medication Error, call our medical experts at 857.453.6700 and let us fight for your rights.

Elements of the Claim

Medical malpractice cases are a type of negligence case, and the elements of proof are the same:

  • The defendant was negligent
  • The defendant's negligence was a cause of injury to the plaintiff
  • The plaintiff sustained damages as a result of the negligence

Although the elements are straightforward, the proof in a malpractice case requires expert testimony from medical providers in the same field to prove the negligence of the medical provider, and other experts on the question of damages.

Statutes of Limitations

Ordinarily, a medical malpractice case must be brought within three years of the date of the injury. There are some exceptions that make this time longer, and other exceptions that make the time shorter. If the malpractice is not known or reasonably knowable, then the action does not accrue until the plaintiff becomes aware of the injury or the malpractice. This is known as the "discovery rule." At that point the three-year limitation begins to run.

There is a modified statute of limitations for children under the age of six. The statute may be up to six years, but for a minor under the age of six, the suit still must be brought by his or her ninth birthday. However, Massachusetts also has a strict statute of repose on medical malpractice cases. Except in cases of retained foreign objects, such as sponges or surgical instruments, no suit may be brought more than seven years after the negligent act occurred. MGL 231, § 60D.

Comparative Negligence

Under Massachusetts law, a medical provider may claim that the plaintiff was negligent, and that his or her negligence was a contributory cause of the injury. So long as the negligence of the plaintiff is not greater than that of the defendants or the combined negligence of all of the defendants, the plaintiff may still recover. MGL 231, § 85.

Joint and Several Liability

Massachusetts law allows a plaintiff to recover the full judgment against any responsible defendant or all responsible defendants. This is known as the principle of joint and several liability. This an important right of Massachusetts citizens, and is frequently under attack by the medical lobbyist which seeks to change the law each year.

Vicarious Liability

Under Massachusetts medical malpractice law, an employer is liable for the negligence of its employees, agents and servants if the person was negligent in the course of his or her employment. This is known as vicarious liability. Thus a medical corporation is liable for the acts and omissions of its staff; a hospital is also liable for the medical malpractice of its staff. If you or a loved one is injured at work or by another while they are working, you may be in line for compensation. Call Mark C. Thomas and associates right away: 857.453.6700.