Massachusetts Medical Malpractice Lawyer

Placing your health and trust in the hands of a medical professional is a fundamental part of life. We expect that doctors, nurses, surgeons, and other healthcare providers will use their training to help us heal, not cause further harm. When that trust is broken by a preventable mistake, the consequences can be devastating, affecting your health, your ability to work, and your family’s future. 

If you believe you or a loved one has been harmed by medical negligence, a Massachusetts medical malpractice lawyer from Bailey & Burke can help you understand your rights and explore your options for seeking accountability.

We understand that you are going through a profoundly difficult period. The focus should be on your physical and emotional recovery. Our role is to handle the legal complexities, allowing you to concentrate on what matters most: healing. We are committed to providing clear guidance and dedicated advocacy for individuals and families throughout Massachusetts.

Why Choose Bailey & Burke for Your Medical Malpractice Claim?

When you are facing the serious consequences of a medical error, the law firm you choose can make a significant difference. At Bailey & Burke, we combine decades of experience with a deep commitment to personalized client service. We have a 99.6 percent success rate in personal injury cases because we approach every situation with thorough preparation and a determination to stand up for our clients. We believe that everyone deserves to have their story heard and to have a strong advocate in their corner.

Our approach is built on a foundation of communication and direct access.

• You work directly with an attorney. From your very first meeting, you will meet and work with one of our accomplished lawyers, not just a paralegal or intake assistant. We believe this direct relationship is crucial for building a strong case.
• We are here for you. We make ourselves available to answer your questions and listen to your concerns. We can meet with you during evenings or weekends to accommodate your schedule, and we proudly offer our services in both English and Spanish.
• We are invested in your well-being. Our commitment extends beyond the courtroom. We strive to help our clients connect with the best possible medical care to support their recovery.

Since 1971, Bailey & Burke has been a pillar of the Massachusetts legal community, earning the respect of judges and opposing counsel. We leverage this reputation and our deep understanding of the law to seek the best possible outcome for you and your family.

Understanding Medical Malpractice in Massachusetts

Medical malpractice, sometimes called medical negligence, is more than just an undesirable medical outcome. It occurs when a healthcare provider fails to meet the accepted “standard of care” and that failure directly results in injury or death to a patient. The standard of care is the level and type of care that a reasonably competent and skilled healthcare professional, with a similar background and in the same medical community, would have provided under the same circumstances.

Proving that this standard was violated requires a careful and detailed investigation. It is not enough to be unhappy with your treatment; you must demonstrate that the provider acted negligently.

The Four Elements of a Medical Malpractice Claim

To successfully bring a medical malpractice claim in Massachusetts, your lawyer must be able to establish four key elements. Think of them as the four legs of a table—if one is missing, the case cannot stand.

1. A Duty of Care Was Owed: This is typically the easiest element to prove. When you seek treatment from a doctor, hospital, or other provider, a doctor-patient relationship is formed. This relationship establishes that the provider has a professional duty to care for you.
2. The Duty of Care Was Breached: This is the core of the claim. It involves showing that the healthcare provider failed to meet the established standard of care. This could be through a specific action, like performing the wrong procedure, or through an omission, like failing to order a necessary test.
3. The Breach Caused the Injury: There must be a direct link between the provider’s negligence and the harm you suffered. If a doctor made a mistake, but that mistake did not actually cause your injury, a malpractice claim would not be viable. This is known as causation.
4. You Suffered Damages: You must have incurred actual harm as a result of the injury. These harms, or “damages,” can be economic (like medical bills and lost wages) or non-economic (like pain and suffering).

Successfully proving all four of these elements is a complex process that requires deep legal knowledge and the ability to present complex medical information in a clear, understandable way.

Common Types of Medical Malpractice We Handle

Medical errors can happen in any healthcare setting, from a local clinic in Leominster to a major hospital. While every case is unique, some types of negligence are more common than others. The team at Bailey & Burke has experience handling a wide range of medical malpractice cases.

Misdiagnosis, Delayed Diagnosis, or Failure to Diagnose

A correct and timely diagnosis is the first step toward effective treatment. When a doctor fails to recognize the signs of a serious condition like cancer, heart disease, or a stroke, the patient loses precious time. 

A delayed diagnosis can lead to the need for more aggressive treatments, a reduced chance of recovery, or even a fatal outcome. Similarly, a misdiagnosis—for instance, diagnosing a serious infection as a minor ailment—can cause a patient’s condition to worsen significantly while they receive the wrong treatment.

Surgical Errors

Patients undergoing surgery are incredibly vulnerable. While all surgeries carry some level of risk, certain mistakes are simply inexcusable. These are often called “never events” because they should never happen.

• Performing surgery on the wrong body part or the wrong patient.
• Leaving surgical instruments, sponges, or other foreign objects inside the patient’s body.
• Causing damage to nerves, organs, or tissues unrelated to the procedure.

These surgical errors can lead to severe complications, the need for additional corrective surgeries, and long-term disability.

Birth Injuries

The birth of a child should be a joyous occasion. When a medical professional’s mistake during pregnancy, labor, or delivery causes harm to the mother or baby, the results are tragic. 

Birth injuries can stem from a failure to monitor fetal distress, improper use of forceps or vacuum extractors, or a delay in ordering a necessary C-section. Conditions like cerebral palsy, Erb’s palsy, and brain damage due to oxygen deprivation can often be traced back to a preventable error during the birthing process.

Medication and Anesthesia Errors

Medication is a powerful tool, but the wrong drug or the wrong dose can be incredibly dangerous. Medication errors can occur when a doctor prescribes the wrong medication, a pharmacist fills the prescription incorrectly, or a nurse administers the wrong dose. 

Anesthesia errors are also a serious concern. Anesthesiologists must carefully review a patient’s medical history to avoid adverse reactions. Giving too much or too little anesthesia can lead to brain damage, coma, or death.

Who Can Be Held Accountable in a Medical Malpractice Case?

While we often think of doctors when we hear “medical malpractice,” negligence can be committed by many different parties within the healthcare system. Accountability is about identifying every party whose actions or inactions contributed to the harm you suffered.

Potential at-fault parties can include:

• Physicians and Surgeons
• Nurses and Nurse Practitioners
• Anesthesiologists
• Pharmacists
• Hospitals and Medical Centers
• Outpatient Clinics and Urgent Care Facilities
• Dentists and Oral Surgeons

In some cases, a hospital or medical facility can be held liable for the negligence of its employees or for its own systemic failures, such as inadequate staffing or poor safety protocols.

The Process of Filing a Medical Malpractice Claim in Massachusetts

The legal path for a medical malpractice claim in Massachusetts has specific rules and deadlines that must be followed precisely. Working with a Massachusetts medical malpractice attorney is crucial to properly handling these procedural requirements.

The Statute of Limitations

The first and most important deadline is the statute of limitations. In Massachusetts, you generally have three years from the date the injury occurred or was reasonably discovered to file a medical malpractice lawsuit. If you miss this deadline, you will likely lose your right to seek compensation forever. There are some exceptions, particularly for minors, so it is vital to speak with an attorney as soon as you suspect something is wrong.

The Offer of Proof and Medical Tribunal

Before a medical malpractice case can proceed to trial in Massachusetts, it must first go through a unique screening process—the plaintiff (the injured person) must present an “offer of proof” to a special three-person panel called a medical tribunal. This panel typically consists of a judge, a physician in the relevant field, and an attorney.

The tribunal’s job is not to decide the case, but to determine if there is enough credible evidence to suggest that medical negligence occurred. If the tribunal finds in your favor, your case can proceed. If they find for the defendant, you can still proceed with your lawsuit, but you must first post a bond to cover the defendant’s potential legal costs if you lose. This step highlights the importance of building a strong, evidence-based case from the very beginning.

Gathering Evidence and Building Your Case

A successful medical malpractice claim is built on a mountain of evidence. Our legal team at Bailey & Burke will conduct a thorough investigation, which includes:

• Collecting all relevant medical records: We obtain and meticulously review every record related to your care, from doctors’ notes to lab results.
• Consulting with medical professionals: We work with highly qualified medical professionals who can review your case, determine if the standard of care was breached, and serve as witnesses to explain complex medical concepts to a judge or jury.
• Documenting your damages: We gather all evidence related to your financial losses, including medical bills, pay stubs to show lost income, and estimates for future care needs.

This exhaustive preparation is key. By clearly demonstrating the full extent of the harm and damages you have sustained, we are often able to reach a favorable settlement out of court, saving you the stress of a trial.

What Kind of Compensation Can Be Recovered?

While no amount of money can undo the harm you have suffered, financial compensation can provide the resources you and your family need to move forward. This compensation, known as “damages,” is intended to cover both your economic and non-economic losses.

Your compensation may include funds for:

• Medical Expenses: This covers all past, current, and future medical bills related to the injury, including hospital stays, surgeries, rehabilitation, medication, and assistive devices.
• Lost Wages and Earning Capacity: If the injury prevented you from working, you can be compensated for the income you lost. If you are left with a permanent disability that affects your ability to earn a living in the future, you may also be compensated for this loss of future earning capacity.
• Pain and Suffering: This compensates you for the physical pain, emotional distress, and loss of enjoyment of life caused by the negligence.
• Loss of Consortium: In some cases, the uninjured spouse may be able to claim damages for the loss of companionship and support resulting from their partner’s injury.

It’s important to be aware that Massachusetts places a cap on non-economic damages (like pain and suffering) in most medical malpractice cases. However, this cap does not apply in cases where there is a substantial or permanent loss or impairment of a bodily function, or other special circumstances. A knowledgeable medical malpractice attorney can determine how this law applies to your specific situation.

Massachusetts Medical Malpractice FAQs

We have gathered some frequently asked questions to provide you with additional information about medical malpractice claims.

Contact a Massachusetts Medical Malpractice Attorney at Bailey & Burke Today

When a medical professional’s error causes serious harm, you deserve answers and accountability. You don’t have to face this difficult situation by yourself. The legal team at Bailey & Burke is here to provide the compassionate support and tenacious advocacy you need to protect your rights and your future. We are proud to serve communities throughout Massachusetts.

Take control of your future. For a free, no-obligation consultation to discuss your case, contact our Massachusetts personal injury lawyers today at (888) 368-0983 or through our online form.