Legal Question in Medical Malpractice in Massachusetts
Medical Malpractice
My mother passed away six years ago due to a hospital error caused by a doctor. We are approaching the trial on January 12. I was told that my dad, sister and brother will all be evaluated differently regarding damages in MA. Is this true? Would we all receive different damage amounts? That seems really harsh to put a price tag on how family members suffered differently and deserve different damange amounts.
1 Answer from Attorneys
Re: Medical Malpractice
I can't speak to the law in Massachussetts, but if Oregon's Wrongful Death law applies, or of the Mass law is similar to Oregon's, then the proceeds under some circumstances are distributed to the statutory beneficiaries, "each according to their loss." Effectively, this means that, for example, an estranged adult child might receive less than a spouse. Or, a minor dependent child might receive more than a long-term spouse.
If there is going to be any significant amount of money distributed, you really should retain your own lawyer, to represent YOUR interests in the case. The lawyer handling the Wrongful Death case, if the law is anything like Oregon's, is probably representing ONLY the personal representative, on behalf of the estate itself. Is this an Oregon estate?
Best wishes,
-- Sam
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