Boston Globe Reports Massachusetts Passes New Medical Malpractice Legislation

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d'Oliveira & Associates talks about the effort to help maximize efficiency in the medical malpractice system, the state of Massachusetts has officially passed a new law regarding the handling of malpractice cases. The new legislation changes a few critical pieces involved in the process of a medical malpractice lawsuit.

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The primary change in the law is that doctors are now required to disclose their medical errors/mistakes. With that being said, the new legislation allows these doctors to promptly apologize the injured patient(s), without fear of it being used against them in a malpractice lawsuit. Essentially, what this means is that the disclosure of a medical error and the subsequent apology to the victim cannot be used as an admission of liability if the case eventually proceeds to trial. The law requires a six-month cooling off period, in which the plaintiff and defendant are to exchange information and try to reach a settlement agreement.

The aim of this new law is make the entire medical malpractice process more efficient. The six-month cooling off period will help to keep many unnecessary cases out of the court system, and give doctors peace of mind. Doctors now can treat patients the way they would like to, without the imminent fear of an expensive lawsuit lingering over every decision. With that specific problem in mind, the new law contains a provision to examine the overuse of a common medical practice known as “defensive medicine,” which simply means that doctors order excessive, and often unnecessary, tests just to avoid a malpractice suit.

Attorney Paul d'Oliveira recently stated “ I think the new law is good for both doctors and patients as it allows doctors to he honest with their patients when things have gone wrong, without the doctors having to worry that this honesty could be used against them in a subsequent lawsuit. I think people will also be less inclined to sue their doctor if he or she admits when they have made a mistake. I have found that people who like their doctors are less likely to want to sue them if things didn’t go right.”                                                                                

Attorney Paul d’Oliveira and his Associate Attorneys have settled thousands of personal injury cases over the past 23 years. They not only know who the most capable and experienced medical malpractice lawyers are in Massachusetts and Rhode Island, they also refer their medical malpractice cases to these lawyers, while maintaining joint responsibility in all instances. Attorney d’Oliviera also stated “When we refer out a medical malpractice case to an experienced medical malpractice lawyer, we do all we can to make sure the lawyer is staying on top of the case and is giving the client the service they deserve.” d’Oliveira & Associates, and the attorneys they work with, do not charge a fee until you recover an award or a settlement for your case.

For a free legal consultation, call 1-800-992-6878 or visit their website at Massachusetts Personal Injury Lawyers

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