Am I correct in assuming that Massachusetts law allows plaintiffs to sue for damages caused by negligent inaction as well as negligent acts? (Posted by Simon on The Forum.)
Editor's Response:
Yes you are. As you know if you have read some of our other articles, in order for a plaintiff to prevail in a personal injury case, she must show:
(1) The defendant owed a duty of reasonable care to the plaintiff;
(2) The defendant failed to uphold that duty of care;
(3) The defendant’s failure to uphold his duty caused plaintiff’s injury; and
(4) The plaintiff suffered damages as a result of that breach of duty.
However, a defendant can fail to uphold his duty of care through inaction as well as action. When we think of medical malpractice, for example, we usually think of surgeons making mistakes during or after surgery, such as leaving instruments or other objects in the body or failing to recognize and treat post-operative complications. However, doctors and other medical providers can be held accountable for negligent failure to diagnose a disease or condition or for negligently failing to treat a condition like heart attack or stroke. For more information or to post a question visit our MA Medical Malpractice Discussion Forum.