How to Sue a Doctor in Boston for Malpractice

Considering a Medical Malpractice Lawsuit in Boston? Here’s What You Need to Know

If you or a family member has been harmed by a doctor’s negligence in Boston, pursuing a medical malpractice claim requires understanding Massachusetts law and the city’s complex medical environment. Here’s a step-by-step guide to help you navigate the process.

1. Assess Your Claim’s Validity

Medical malpractice occurs when a healthcare provider fails to meet the “standard of care” expected in their field. In Boston, this standard is often measured against the practices of .
Ask yourself:

  • Did the doctor’s actions directly cause physical, emotional, or financial harm?
  • Did the care provided fall below the accepted standard in Massachusetts?

2. Collect Critical Evidence

Strong evidence is essential for your case. Massachusetts law (M.G.L. c. 111, § 70) requires hospitals to maintain and provide medical records upon request.

What to gather:

  • Medical records from providers like Mass General Brigham or Beth Israel Deaconess.
  • Proof of damages, including bills, pharmacy receipts, and documentation of lost wages.
  • Personal notes detailing your recovery, pain levels, and daily challenges.

3. Consult a Boston Medical Malpractice Attorney

Massachusetts malpractice law is highly specialized. An experienced attorney can guide you through the and the unique requirements of .

How to find the right attorney:

  • Use the Boston Bar Association Lawyer Referral Service to connect with specialists.
  • Ensure they have experience handling cases in Suffolk County.

4. Navigate the

Massachusetts is one of the few states requiring all malpractice claims to go before a Medical Malpractice Tribunal. This panel includes a judge, a physician in the defendant’s field, and an attorney.

What to expect:

  • The tribunal evaluates whether your evidence is sufficient to raise a legitimate question of liability.
  • If the tribunal rules against you but you wish to proceed, you must post a $6,000 bond (M.G.L. c. 231, § 60B).

5. File Your Lawsuit

If the tribunal approves your case, your attorney will file a formal complaint in Suffolk County Superior Court.

Key steps:

  • Discovery: Both sides exchange evidence and conduct depositions.
  • Expert witnesses: Cases often rely on testimony from to define the standard of care.

6. Negotiate or Go to Trial

Most Massachusetts malpractice cases settle before trial, but if an agreement isn’t reached, your case will go before a jury.

Important notes:

  • Settlements provide guaranteed compensation and avoid trial uncertainty.
  • Massachusetts caps non-economic damages (e.g., pain and suffering) at $500,000, unless there is .

Local Resources for Boston Residents

  • : Research a doctor’s history, including disciplinary actions or malpractice payments.
  • Massachusetts Court System: Access court locations, filing fees, and electronic case searches.
  • Massachusetts Bar Association: Find legal representation and public education resources.
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