When we seek medical care, we place our trust in trained professionals and expect to leave in better condition than when we arrived. Unfortunately, when that trust is broken—through a serious surgical error, misdiagnosis, or negligent treatment—the consequences can be life-altering.
If you have been harmed due to medical negligence, you may be wondering: Do I really need an attorney to handle this?
The answer is yes – and here’s why.
Medical Malpractice Law Is Complex
Successfully pursuing a malpractice claim requires deep knowledge of both medicine and Massachusetts law. An experienced attorney understands the legal standards, procedural requirements, and critical deadlines. They know how to uncover and preserve evidence that healthcare providers may be reluctant to share—and how to construct a strong, fact-based case that can withstand intense scrutiny.
Importantly, Massachusetts law requires all malpractice claims to pass through a Medical Malpractice Tribunal before proceeding to trial. This legal process evaluates whether the case has sufficient merit to go forward. Without proper legal preparation, your case could be dismissed before it ever reaches a jury.
Expert Testimony Is Essential—and Your Attorney Has Access to the Right Experts
A successful malpractice claim depends on establishing that a medical professional deviated from the accepted standard of care—and that this deviation directly caused your injury. This typically requires compelling testimony from a qualified medical expert.
Massachusetts law mandates that such experts must be licensed and practicing in the same medical specialty as the provider being accused. It’s not enough to have just any medical opinion—credibility and compliance with legal standards are critical.
Experienced malpractice attorneys maintain relationships with leading medical professionals across various specialties. These experts are not only willing to review and assess your case, but also to provide credible testimony that can withstand the scrutiny of opposing counsel and the court.
Without this kind of expert involvement, even legitimate malpractice claims may not survive tribunal review or proceed to trial.
Evidence Can Disappear—A Lawyer Can Help Ensure It Doesn’t
Timely and thorough evidence collection is one of the most critical aspects of any malpractice case. Medical records, internal hospital communications, test results, and provider notes can all serve as vital pieces of evidence—but they can be difficult to access without legal intervention.
Unfortunately, delays in requesting or securing this information can result in lost or altered records. A qualified attorney knows precisely what to request, how to request it, and when to take legal action to compel disclosure.
Massachusetts imposes a three-year statute of limitations on medical malpractice claims, beginning from the date the injury was discovered—or reasonably should have been discovered. However, acting early can make all the difference in protecting your rights.
No Upfront Costs—You Only Pay If You Recover
Most medical malpractice attorneys in Massachusetts work on a contingency fee basis. This means you pay no upfront fees and owe nothing unless your attorney successfully recovers compensation on your behalf.
This approach lets you focus on your recovery, not your finances. It also means your attorney is fully invested in your case—because they only succeed when you do.
Insurance Companies Don’t Work for You—Your Attorney Does
If a hospital or insurance company offers a quick settlement, it’s usually not a sign of fairness—it’s a strategy to reduce liability before you understand the full extent of your damages.
Medical malpractice victims are entitled to recover for a wide range of losses, including:
- Past and future medical expenses
- Lost income and earning capacity
- Pain and suffering
- Loss of companionship or support (in wrongful death cases)
A seasoned attorney will accurately assess your claim’s value, negotiate aggressively, and protect you from being pressured into accepting a lowball offer. In many cases, represented clients recover significantly more—often several times the amount initially offered.
If you or a loved one has been the victim of medical malpractice, the team at SUGARMAN is here to help. Our experienced personal injury attorneys specialize in medical malpractice cases and have the knowledge and resources to thoroughly investigate your claim and advocate on your behalf. Contact us today by calling (617) 542-1000, emailing , or by filling out our Contact Form