Massachusetts personal injury lawyer James M. Lynch discusses the challenges surrounding medical malpractice claims in Massachusetts.
Not only does the law recognize a distinction between malpractice and an unfortunate medical result, but so do juries, and that is why such a high percentage of medical malpractice cases result in defense verdicts. Juries, as a general proposition, recognize that a doctor’s job is a difficult one and they judge accordingly.
Because malpractice cases are so difficult to prove liability-wise, many of the malpractice lawyers I know (and I am not a malpractice lawyer) look at the issue of damages before looking at liability – just the opposite of the way they evaluate other personal injury cases – in deciding whether they will take on a case. The thinking behind this is that it is such a huge investment of time and money that the damages had better be huge enough to justify it. What kind of damages am I talking about? Significant and permanent loss of function. In many cases of doctor error, such damages are not present, and finding a medical practice attorney to take your case will likely be a challenge.
About the Author: James M. Lynch is a Massachusetts personal injury lawyer for Lynch & Owens, located in Hingham, Massachusetts.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. You are invited to contact our office. Contacting the office does not create an attorney-client relationship. Please do not send any confidential information to the office until such time as an attorney-client relationship has been established. This blog is considered an advertisement for The Law Office of Lynch & Owens, P.C. The Massachusetts Rules of Professional Conduct broadly govern all advertisements and communications made by attorneys and law firms in the Commonwealth. Generally, legal websites and any other content published on the internet by lawyers are considered a type of communication and an advertisement, according to the Comments to Rule 7.2.