Massachusetts Medical Malpractice Liability & Personal Injury Lawyer

Medical Malpractice cases in MA

What it Takes to Win a Medical Malpractice Lawsuit in Massachusetts

Medical malpractice lawsuits are among the most difficult and complicated areas of the law. The attorney must have a strong technical knowledge of the medical facts and terminology, be ready to put in often hundreds of hours of preparation, and then successfully make the case at trial.

To prove the case, we'll need documentation in the form of medical records of what care did take place, and we'll need medical expert testimony to say that it was insufficient. Our expert doctor must testify against another doctor, and state unequivocally that his care was negligent, and that it was malpractice.

There are three basic steps to winning a medical malpractice case:

1. Establish the Standard of Care

2. Prove that the standard was not net

3. Explain how/why that standard was not met

1- Establishing the Standard of Care

All medical specialties have what are called "Standards of Care". There are certain procedures, processes, tests, or treatments that are considered standard, and must be followed for a doctor to adequately perform his or her job.

I will have my expert witnesses explain what the standards are, and where they came from. Most medical specialties have standards based on best practices. And the standards may vary depending on the doctor's expertise. For example, an obstetrician may have a higher standard than a general internist.

2- Prove the Standard of Care was Not Met

A lot of this work happens at the research phase. I will call upon the many medical experts I know to pour through the medical records, and help document what the doctor did not do, and how the standard was not met. There needs to be one or more very specific action or inaction that deviates from the particular standard of care.

Then our experts will have to testify to that on the stand, and we'll have to show evidence and convince the jury that's exactly what happened.

The doctor or hospital's lawyer will always argue that whatever happened was not malpractice, but an unfortunate medical result. Since it is certainly possible for a doctor to do everything right, and still have a bad outcome, to win a case, we need to prove that the doctor did not do something he clearly should have that could have made a difference.

3- Explain to the Jury How it Happened

It may seem surprising, but to convince a jury that a doctor committed malpractice, you need often need more than just a mountain of evidence. You need to convince a jury exactly how and why it could have happened. You see, most people have a strong preconceived notion that all doctors are hardworking, dedicated, and good. And you can bet that the doctor and his insurance companies lawyers will have plenty of experts who will try to convince the jury he or she is a good doctor, and did everything possible, and is not guilty of malpractice.

Every medical malpractice trial needs a theme. You need a story that jurors will understand, so that they will be willing to be convinced by the evidence that the doctor made a mistake, and is guilty. A simple explanation for all the things he or she didn't do. He was too busy. He didn't care. When you have a theme like that, it helps explain how the evidence of malpractice, falls into a pattern, and makes it much easier for a jury to believe it. Otherwise, you just have a battle of experts talking about very complicated medical procedures, and it's hard for a jury to understand.

If you or a loved one has been a victim of medical malpractice in Massachusetts, please fill out this form and I'll get back to you as soon as possible. All of your personal information is strictly confidential, whether or not you decide to hire us.