My Doctor Made a Mistake. Do I have a Medical Malpractice Claim?

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My Doctor Made a Mistake. Do I have a Medical Malpractice Claim?

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Massachusetts personal injury lawyer James M. Lynch discusses the challenges surrounding medical malpractice claims in Massachusetts.

Massachusetts personal injury lawyer

Attorney James M. Lynch

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.

Schedule a free consultation with James M. Lynch today at (781) 741-5000 or send him an email:

If you need the assistance of a personal injury attorney, please call us at (781) 741-5000, or send us an email, to schedule a free 1-hour consultation.

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By | 2017-03-21T04:28:38+00:00 August 24th, 2015|Categories: Personal Injury, Updates|Tags: , , |Comments Off on My Doctor Made a Mistake. Do I have a Medical Malpractice Claim?

About the Author:

James M. Lynch is the Managing Partner at Lynch & Owens, and is a frequent contributor to the Lynch & Owens Blog. Attorney Lynch’s areas of expertise including divorce, family law, personal injury, DUI defense and domestic violence cases. Attorney Lynch can be reached by phone at (781) 741-5000 or email at [email protected], or visit his bio page at lynchowens.com/attorneys/.