Massachusetts Medical Malpractice Trials

June 21, 2010
By Thiadora Pina on June 21, 2010 5:10 PM |

Massachusetts and Boston's surrounding suburbs are a difficult place for medical malpractice claims. Massachusetts Lawyers Weekly recently reviewed every medical malpractice case tried in Massachusetts Superior Court's in 2009. The end result showed how difficult it is to win your case against a Boston or Massachusetts area hospital or doctor. The experienced personal injury attorneys at the Boston Law Office of Neil Burns know first-hand how difficult it is to win at trial. "The survey done by Massachusetts Lawyers Weekly simply demonstrates what we know firsthand," says Boston personal injury attorney Neil Burns.

The survey is sobering. There are 10 counties in Massachusetts, and Barnstable County (encompassing Cape Cod and the Islands) has returned the highest percentage of medical malpractice verdicts at 25%. Half of the counties in the survey did not return a single plaintiff's verdict for all of 2009. As stated in Massachusetts Lawyers Weekly following their survey, "it was nearly impossible to win medical-malpractice claims."

According to Massachusetts Lawyers Weekly, the battle to win favorable verdicts has a long history. "I was appointed to the bench in 2001, and I have never presided over a medical-malpractice trial that resulted in a plaintiff's verdict," said Superior Court Judge Janet L. Sanders. And Superior Court Judge Patrick F. Brady similarly noted that since he was appointed to the bench in 1993, he has had only one trial result in a plaintiff's verdict that exceeded a defendant's settlement offer.

At the Boston Law Office of Neil Burns, while we understand the challenges associated with winning at trial, we evaluate every case based on its own merits in deciding how best to maximize our client's recovery. We urge you to consult a lawyer if you have been injured through no fault of your own.