Medical Malpractice Attorneys Nashua, NH

Was the Mistake Avoidable?

Research has shown that, each year, as many as 440,000 people are killed because of preventable medical errors across the United States of America. And in a study done in 2005 of over thirty-five million patient records, over two-hundred forty-thousand deaths during Medicare hospitalizations could be attributed to a common and preventable medical error. But only one out of ten medical mistakes end up being brought as a malpractice case.

Ascertaining whether or not the mistake your healthcare provider made could have been prevented if they had done something differently requires careful consideration of all the facts surrounding your case. At Buckley Law Offices our medical malpractice team is dedicated to investigating all avenues to ensure you are treated fairly and that your medical rights are not violated.

When you trust your health and welfare to healthcare professionals such as nurses, doctors, and other caregivers, you expect them to treat you with the highest quality care and professionalism. If your healthcare provider makes an error and his or her misconduct or negligence causes you harm, you may be entitled to financial compensation.

Were You the Victim of Malpractice?

When you trust a doctor with your health and welfare, they are obligated to treat you with care and professionalism. Actions that prove negligent may include:

Delayed treatment
Failed to refer to a specialist
Issued misdiagnosis
Released from care too soon
Prescribed wrong medicine or dosage
Failed to run appropriate tests
Mishandled or faulty broken equipment

If any of the above situations sound like something that happened to you or a loved one, contact Buckley Law Offices to schedule your free, no-risk, no-obligation consultation at your earliest convenience.

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Types of Medical Malpractice in New Hampshire and Massachusetts

Where healthcare professionals shirk their duties, trouble follows. Negligent healthcare professionals provide levels of care that prove to be below industry standards, and it is always innocent patients that suffer as a result. Common types of medical malpractice in New Hampshire and Massachusetts include but are not limited to:

Misdiagnosis or Delayed Diagnosis

Doctors utilize a process of elimination to reach accurate diagnoses. They base this on the patient’s symptoms and test results. Honest mistakes can happen, but misdiagnosis and delayed diagnosis can constitute malpractice if other elements are present.

Failure to Treat

Doctors are held to a standard of care, meaning they must adhere to the medical community’s standards for treatment. Doctors may only act outside of these boundaries after receiving clear permission from the patient, such as in experimental procedures.

Prescription Drug Errors

Doctors are required to take into account a patient’s previous medical and drug histories before writing prescriptions. Failure to do so could result in malpractice.

Surgical or Procedural Errors

Errors during surgery or procedures can also be honest mistakes, but regardless of the reason they occur they can constitute malpractice.

Birth Injuries (obstetric and gynecologic negligence)

Childbirth is high risk already without adding malpractice and negligence into the mix. Unfortunately, malpractice is commonly seen in childbirth.

Negligent Medical Advice

Doctors have an obligation to provide you with medical advice according to industry standards. When they don’t, you may be eligible for financial compensation.

Proving Medical Malpractice in New Hampshire and Massachusetts

If you suspect medical malpractice, you may be eligible for financial compensation. You can speak with an attorney at Buckley Law Offices at any time to review your eligibility, but in general medical malpractice attorneys are looking at the following four criteria:

Duty of Care

This is typically the easiest to prove; we are looking for evidence the medical practitioner was, in fact, your doctor.

Breach of Standard of Care

We will ask you questions to ascertain whether or not there was a breach in the standard of care, meaning your doctor did something most doctors would not, therefore violating the standard of care.

Proof the Breach of Care Caused the Injury

Buckley Law Offices employs medical professionals to help us ascertain whether or not the breach of care leads directly or indirectly to the injury.

This Injury Lead to Lasting Damages

We will interview you to ascertain how the injury has negatively impacted your life and how these impacts translate to financial damages.

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Pick the Right Medical
Malpractice Lawyer

We are so confident we are the right lawyers for you, we would like to advise you on how to pick a good lawyer, trusting that you’ll find we are the right fit. Since people suffer from medical malpractice every day, we hope these tips help you regardless of the law firm you contact:

Do Your Research

Find an experienced medical malpractice trial attorney who handles cases like yours. There are a lot of personal injury lawyers in New Hampshire who will take medical malpractice cases but do not specialize in them. Malpractice cases are especially complex, time consuming, and expensive. They are infamous for requiring some of the greatest legal skills you could see inside or outside of a courtroom.

Ask Prospective Attorneys Questions

Ask any prospective lawyer you consider hiring as many questions as you can think of. Some questions we might ask include:

How many malpractice cases has the attorney handled?
What kind of results have they obtained for their clients?
Does the law firm have resources to bring a malpractice case to conclusion?
Are they considered preeminent in the field of medical malpractice litigation?
Are they board certified?

At Buckley Law Offices we believe in fighting for medical malpractice victims and survivors with everything we have. We hold negligent healthcare providers accountable, and that starts with providing free, no-risk, no-obligation consultations to medical malpractice victims and their families. Contact us today to schedule your free consultation to discuss your case.

New Hampshire Medical Malpractice Lawyer: Holding Healthcare Providers Accountable for Their Negligence

Medical errors are unfortunately all too common and can have devastating consequences for patients and their families. When a healthcare provider’s negligence results in serious injury, prolonged suffering, or wrongful death, victims have the right to pursue compensation through a medical malpractice lawsuit. If you or a loved one has been harmed by a healthcare professional’s mistake, a New Hampshire medical malpractice lawyer can help you understand your legal rights and hold those responsible accountable.

Understanding Medical Malpractice in New Hampshire

Medical malpractice occurs when a healthcare professional—such as a doctor, nurse, or hospital staff—fails to provide the standard level of care expected in their field, resulting in harm to the patient. This can include surgical errors, misdiagnoses, medication mistakes, and more.

Misdiagnosis or Delayed Diagnosis: A delayed or incorrect diagnosis can lead to the worsening of a patient’s condition. For example, a missed diagnosis of cancer can delay treatment, reducing the patient’s chances of recovery.
Surgical Errors: Mistakes during surgery, such as operating on the wrong body part or leaving surgical instruments inside the body, can lead to severe complications or even death.
Medication Errors: Prescribing the wrong medication, administering an incorrect dosage, or failing to consider drug interactions can cause serious health issues.
Birth Injuries: Improper prenatal care or errors during delivery can result in permanent injuries to both mother and child, such as cerebral palsy or brachial plexus injuries.
Anesthesia Mistakes: Errors made during the administration of anesthesia can lead to brain damage, long-term disability, or even death.

How to Prove Medical Malpractice in New Hampshire

Proving medical malpractice requires demonstrating that the healthcare provider’s negligence directly caused harm. This involves establishing the following four elements:

Duty of Care: The healthcare provider had a duty to provide care to the patient in accordance with established medical standards.
Breach of Duty: The provider failed to meet the standard of care, either through action or inaction, which constitutes a breach of duty.
Causation: The breach of duty directly caused harm to the patient. It must be shown that the injury would not have occurred if the provider had acted according to the standard of care.
Damages: The patient suffered measurable harm as a result, such as physical injury, emotional trauma, additional medical expenses, or loss of income.

An experienced New Hampshire medical malpractice attorney will have access to medical experts who can review the case, provide testimony, and help establish these critical elements.

New Hampshire’s Medical Malpractice Laws and Statute of Limitations

New Hampshire has specific laws that govern medical malpractice claims. Understanding these laws is crucial to protecting your rights and ensuring you meet all legal requirements.

Statute of Limitations
In New Hampshire, a medical malpractice claim must be filed within three years from the date of the injury or the date when the injury should have been discovered. There are exceptions for cases involving minors or mental incapacity, so consulting with a medical malpractice lawyer in New Hampshire as soon as possible is recommended.
The “Discovery Rule”
This rule allows you to file a claim even if you did not discover the injury immediately. However, the claim must still be filed within three years from the date of discovery or when you reasonably should have discovered the injury.
Comparative Negligence
New Hampshire follows a modified comparative negligence rule. This means that if the victim is found to be partially at fault, their compensation may be reduced by their percentage of fault. If the victim is more than 50% at fault, they may be barred from recovering any damages.

Why You Need a New Hampshire Medical Malpractice Lawyer

Medical malpractice claims are complex and challenging to prove. Healthcare providers and their insurers often have substantial resources to fight these claims, making it difficult for victims to secure fair compensation without skilled legal representation.
A New Hampshire medical malpractice attorney will handle every aspect of your case, including:

Thorough Investigation: Collecting medical records, consulting with medical experts, and identifying evidence to establish negligence.
Building a Strong Legal Strategy: Developing a comprehensive strategy to hold negligent parties accountable and pursue maximum compensation.
Negotiating with Insurance Companies: Dealing with insurance adjusters on your behalf to prevent them from minimizing your claim or offering a low settlement.
Litigation Support: Representing you in court if a fair settlement cannot be reached. A lawyer with trial experience will be essential if the case goes to litigation.

Types of Compensation Available in Medical Malpractice Cases

Victims of medical malpractice in New Hampshire may be entitled to various forms of compensation, including:

Economic Damages: These cover tangible financial losses, such as medical expenses, future medical care, rehabilitation costs, lost wages, and loss of earning capacity.
Non-Economic Damages: These compensate for intangible losses, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship in wrongful death cases.
Punitive Damages: In cases of gross negligence or intentional misconduct, the court may award punitive damages to punish the wrongdoer and deter similar actions in the future.

Steps to Take if You Suspect Medical Malpractice

If you believe that you or a loved one has been a victim of medical malpractice, take the following steps:

Seek a Second Medical Opinion: Get an evaluation from another healthcare provider to confirm the extent of the harm and receive appropriate treatment.
Request Copies of Medical Records: Obtain all relevant medical records and keep them organized. This documentation will be critical in proving your case.
Document Your Experiences: Keep a detailed journal of your symptoms, medical treatments, interactions with healthcare providers, and the impact on your daily life.
Consult a Medical Malpractice Lawyer: Reach out to a New Hampshire medical malpractice lawyer as soon as possible to discuss your options and begin building your case.

Frequently Asked Questions (FAQs)

How do I know if I have a valid medical malpractice case in New Hampshire?

You may have a valid case if a healthcare provider’s negligence caused significant harm. An attorney will review your medical records, consult with experts, and assess whether the standard of care was breached.

What should I do if I suspect medical negligence but am not sure?

Schedule a consultation with a medical malpractice attorney. They can help determine if your case has merit and guide you through the next steps.

Can I file a medical malpractice claim for a loved one’s wrongful death?

Yes. If a loved one has passed away due to medical negligence, you can file a wrongful death claim on their behalf. Compensation may include funeral expenses, loss of companionship, and more.

How much does it cost to hire a medical malpractice lawyer in New Hampshire?

Most medical malpractice lawyers work on a contingency fee basis, meaning you don’t pay unless they win your case. Fees are typically a percentage of the final settlement or court award.

How long does it take to resolve a medical malpractice claim?

The timeline varies depending on the complexity of the case, but it typically takes several months to a few years. Your lawyer will work diligently to resolve your claim as quickly as possible without compromising the quality of your case.

What are some defenses that healthcare providers might use?

Healthcare providers may argue that the injury was a known risk, not caused by negligence, or that the patient did not follow medical advice. An experienced lawyer can counter these defenses with solid evidence and expert testimony.

Contact an Experienced New Hampshire Medical Malpractice Lawyer Today

If you or a loved one has suffered due to medical negligence, don’t wait to seek legal help. The right lawyer can provide clarity, support, and aggressive representation to pursue the justice and compensation you deserve. Contact Dave Buckley, a trusted New Hampshire medical malpractice lawyer, for a free consultation. Let us help you hold negligent healthcare providers accountable and protect your rights.

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