Medical Malpractice

What to know when a medical error causes harm.

Medical and surgical errors occur every day in Massachusetts. They often result in serious injury or even death. 

A medical malpractice lawsuit seeks damages for an injury caused by the neglect or medical error of a healthcare provider. This includes claims against hospitals, doctors, surgeons, nurses, therapists, nursing homes and many other medical providers.

In order to prove a medical malpractice case, you must prove: 

  1. The doctor or healthcare provider was negligent.
  2. The negligence caused an injury. 
  3. You sustained a loss or damages as a result of that injury. 

It can be difficult to prove a doctor or healthcare provider was negligent. Your attorney must show the treatment you received was below the standard of care of a provider in the same field - meaning an average doctor or healthcare provider would have avoided the error and harm.

Complicating things further, Massachusetts has specific legal requirements for medical malpractice cases. They restrict when a claim can be made, limit the damages, and require certain types of evidence that are not required in other personal injury cases. In addition, written notice to the negligent provider is required before a lawsuit can be filed.

Medical malpractice lawyers in Massachusetts must go before a tribunal panel for a review of the initial evidence. This panel includes a judge, an attorney, and a licensed healthcare provider in the same field as the defendant medical provider. The tribunal determines if there is enough evidence for the case to go forward.

SUGARMAN's lawyers have over 50 years of experience representing patients harmed by medical malpractice and errors. Our firm has an outstanding track record of verdicts and settlements throughout Massachusetts and has successfully handled almost every type of medical malpractice claim. This expertise has given us a reputation as one of the best medical malpractice law firms in Massachusetts and New England.

If you believe you or a loved one has experienced medical malpractice, contact SUGARMAN. We can help.

Failure to Diagnose Cancer

The key to effective treatment of cancer is early detection. Doctors and nurses are trained to detect symptoms and complications that indicate a patient has early stage cancer.

There are a number of diagnostic tests for early detection before a patient even begins having symptoms. For example, a colonoscopy or a mammogram. Unfortunately, some patients do not receive proper medical care and preventative testing. As a result, their cancer goes undetected, resulting in harm or even death. 

Real Cases

Birth and Labor Malpractice

Any injury to a baby during pregnancy, labor or delivery is tragic. But when a medical provider fails to provide adequate medical care to mother or child, it’s even worse.

Birth injury cases can have many causes, like:

  • Failure to detect warning signs in fetal heart tracings

  • Failure to timely order or perform a C-section

  • Failure to diagnose a dangerous infection in a newborn

  • Failure to treat when lab tests show problems 

Real Cases

Injuries During Surgery

There are many risks inherent and accepted in surgeries, no matter how big or how small the procedure is. But a medical team making a preventable error and delivering poor care is not an accepted risk.

In the surgical setting, medical malpractice claims can arise out of a number of medical errors. Some occur “pre-operatively”, during intubation by the anesthesiologist. Others can happen “intra-operatively” (during the operation) by the surgeon or nurses. And they can happen in the “post-operative” setting.

Most hospitals and doctors take “never events” seriously. They design and follow procedures to prevent injuring their patients. And they must follow them. But too often, procedures are ignored. Worse, hospital practices like “double booking” can cause errors. The end result is the same: patients are hurt. 

Real Cases

Failure to Diagnose or Treat a Heart Attack

A heart attack– called “myocardial infarction” by doctors – can be a crippling or even deadly event. Many patients display signs of an impending heart attack and seek treatment in time to prevent tragedy. But many times, the warning signs of a serious heart attack are overlooked by medical providers. They fail to render care or surgery, resulting in serious heart damage or death. 

Real Cases

Medication Errors

SUGARMAN attorneys have won all kinds of medical malpractice cases involving medication or drug errors. Doctors, nurses, hospitals, and pharmacists all have a job to do in keeping patients safe from harm. But sometimes, they don't do that job.

Whether wrong drug, wrong dosage, or the failure to administer the right medication, these errors should never happen. If they do, SUGARMAN's lawyers can help. 

Real Cases

General Information on Medical Malpractice Cases

If you are interested in learning more about the various types of medical errors that can give rise to a medical malpractice claim or about how medical malpractice claims differ from other personal injury claims in Massachusetts, we invite you to read more to help educate yourself. 

Real Cases