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?


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