Massachusetts Medical Malpractice Lawyer

What Is Massachusetts Medical Negligence & Malpractice?

Medical malpractice occurs when a doctor, hospital, nurse, or other health care provider fails to meet the accepted standard of care, causing a patient to suffer harm. These mistakes can result in serious complications or even wrongful death.

Medical errors remain a patient safety concern. In one year, nearly 62,000 patients suffered preventable harm in Massachusetts hospitals, outpatient facilities, and nursing homes, according to the Betsy Lehman Center. Each event added almost $100,000 to the cost of care.

Additionally, approximately 1 in 4 hospital patients experienced at least one adverse event during their stays, the New England Journal of Medicine reported.

A medical malpractice lawyer in Massachusetts can work to show:

• You received treatment from a health care provider
• The provider failed to provide proper care
• That failure caused or contributed to your injury
• You suffered damages as a result, like additional medical expenses, lost income, pain and suffering, or the loss of a loved one

In one 5-year period, 7,224 Massachusetts medical malpractice claims were filed, according to JAMA Internal Medicine. Nearly 72% involved diagnostic errors, with cancer, heart disease, vascular conditions, infections, and stroke among the most common missed diagnoses.

At Sokolove Law, our Massachusetts medical malpractice lawyers handle all the legal work, allowing you to focus on your health and recovery.

"If the condition could have been prevented with proper care, and the medical professionals deviated from that standard of care, that’s considered medical negligence.”
– Ricky LeBlanc, Managing Attorney of Sokolove Law

Who Can Massachusetts Medical Malpractice Attorneys Help?

Massachusetts medical malpractice attorneys help patients and families whose lives have been affected by preventable medical errors.

If a doctor, hospital, nurse, or other health care provider's negligence caused an injury, worsened a medical condition, or contributed to a loved one's death, you may be eligible to pursue compensation.

Our Massachusetts medical negligence attorneys may be able to help:

• Patients injured by surgical mistakes, medication errors, or other medical negligence
• Individuals who suffered harm because of a delayed, missed, or incorrect diagnosis
• Parents seeking compensation for a child injured during pregnancy, labor, or delivery
• Family members caring for a loved one who was seriously harmed by a medical mistake
• Families who lost a loved one due to suspected medical malpractice

If you're unsure whether you have a case, our team can review your situation, explain your legal options, and determine whether you may be eligible to seek compensation.

Medical Malpractice Cases in Massachusetts

Medical malpractice can take many forms, but the results are often the same: serious injuries, additional medical treatment, lost income, and lasting emotional trauma for patients and their families.

Common types of medical malpractice include:

• Birth injuries
• Missed diagnoses
• Emergency room negligence
• Hospital infections
• Medication errors
• Surgical mistakes

Below are some of the most common malpractice claims handled by our Massachusetts medical negligence lawyers.

Birth Injury Malpractice Claims in Massachusetts

Our Massachusetts medical malpractice attorneys help families pursue compensation when preventable medical mistakes during pregnancy, labor, delivery, or newborn care cause serious harm.

Birth injury claims often arise when doctors, nurses, hospitals, or health systems fail to recognize fetal distress, delay necessary treatment, or improperly manage complications during delivery.

Birth injury malpractice claims in Massachusetts may involve:

• Brachial plexus injuries
• Brain injuries
• Cerebral palsy (CP)
• Erb's palsy
• Hypoxic-ischemic encephalopathy
• Oxygen deprivation
• Spinal cord injuries
• Other cases involving long-term harm

While the average birth injury settlement is over $1 Million, our Massachusetts medical malpractice lawyers fight for as much compensation as the law allows.

“After having triplets, one baby sadly died at birth, and the other two were left with CP. They can’t sit up or hold their heads up, and they’re legally blind. We don’t know how we’d manage all the expenses without Sokolove Law’s help. Their support has been a lifesaver during this time.”
– Massachusetts Parent & Firm Client

Failure to Diagnose & Misdiagnosis Claims in Massachusetts

Our medical malpractice lawyers in Massachusetts handle failure to diagnose, delayed diagnosis, and misdiagnosis claims involving serious medical conditions that should have been identified sooner.

The conditions most frequently involved in diagnostic error lawsuits include: 

• Cancer
• Heart attacks
• Pulmonary embolisms
• Sepsis
• Serious infections
• Stroke

Because delayed treatment can dramatically worsen a patient's prognosis, diagnostic mistakes are among the most common and costly forms of medical malpractice.

In Massachusetts, about 72% of medical malpractice claims involve diagnostic errors, according to JAMA Internal Medicine.

Massachusetts Emergency Room Errors

Our Massachusetts emergency room malpractice lawyers represent patients harmed by preventable mistakes made in emergency departments and urgent care settings.

Emergency room claims often arise when providers:

• Delay treatment
• Discharge patients too early
• Don't order necessary testing
• Fail to recognize life-threatening conditions
• Lack sanitary environments

While emergency departments often operate under significant pressure, budget cuts, and staffing shortages, hospitals remain responsible for providing urgent care. Delays can lead to worse patient outcomes.

At Mass General and Brigham and Women’s, patients may have to wait 12 to 24 hours, or sometimes longer, to receive care, according to the Boston Globe.

Hospital-Acquired Infection Lawsuits in Massachusetts

Patients may be eligible for compensation when preventable infections develop during a hospital stay. Health care providers can be held liable when they fail to follow accepted infection-control procedures and a patient suffers harm.

Hospital-acquired infection lawsuits in Massachusetts may arise after surgery, the use of catheters or ventilators, wound care, or other medical treatment.

The number of hospitalizations in Massachusetts for sepsis hit 42,000 in 2025, more than triple the number in 2010, according to The Boston Globe. Since that time, it has been the third-leading cause of hospitalizations in the state.

A class action lawsuit against Mass General Brigham and Salem Hospital was filed after at least 450 patients who underwent endoscopy procedures were notified of their possible exposure to hepatitis and HIV.

Medication Error Lawsuits in Massachusetts

Prescription and medication errors can occur at hospitals, emergency rooms, pharmacies, nursing homes, doctor's offices, and other health care facilities when providers fail to follow accepted standards of care.

Common medication malpractice claims in Massachusetts involve:

• Administering the wrong dosage
• Dangerous drug interactions
• Failing to review a patient's allergies
• Prescribing the wrong medication
• Not monitoring a patient's response to a drug

Depending on the circumstances, liability may extend to physicians, nurses, pharmacists, hospitals, health systems, or other health care providers involved in the patient's care.

Massachusetts medical malpractice attorneys work with medical experts to determine whether a preventable medication error occurred and whether it contributed to the patient's injuries.

Surgical Malpractice Cases in Massachusetts

Our Massachusetts surgical malpractice attorneys help patients who were injured because of preventable mistakes before, during, or after surgery.

Common examples of surgical malpractice include:

• Botched plastic surgery
• Failures to properly monitor patients after procedures
• Nerve damage
• Organ perforations
• Retained surgical instruments
• Wrong-site surgery

Preventable hospital errors, including operating on the wrong part of the body and administering the incorrect doses of medications, reportedly kill about 200,000 patients every year in the U.S., according to Harvard.

Because these claims often require extensive expert review, early investigation is critical to preserving evidence and identifying all potentially liable parties.

Massachusetts Anesthesia Errors & Medical Malpractice

Anesthesia errors can occur when anesthesiologists, nurse anesthetists, or hospitals fail to properly evaluate, monitor, or respond to a patient's condition before, during, or after a procedure.

Examples of anesthesia medical malpractice include: 

• Administering the wrong dose
• Delaying responses to complications
• Failing to monitor oxygen levels
• Overlooking known risk factors

Even brief lapses can result in brain injuries, cardiac events, permanent disabilities, or death.

In one case, 5 Massachusetts cataract surgery patients were blinded when an anesthesiologist allegedly punctured the patients' eyeballs with a needle, The Boston Globe reported.

Let Sokolove Law Fight for You

Since 1979, Sokolove Law has secured over $10.3 Billion for thousands of injured clients nationwide.

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How to File a Massachusetts Medical Malpractice Lawsuit

To file a successful Massachusetts medical malpractice lawsuit, your lawyer must show that a health care provider acted negligently and caused your injury in addition to submitting your claim before the legal deadlines.

Usually, filing a Massachusetts medical malpractice lawsuit involves:

• Contacting a medical malpractice lawyer to determine your eligibility to take legal action
• Gathering evidence to prove your injury was caused by malpractice
• Filing your claim before any legal deadlines
• Negotiating a settlement with the defendant(s)
• Taking your case to court and pursuing compensation from a trial verdict if a settlement is unable to be reached

When you work with Sokolove Law, our Massachusetts medical malpractice lawyers can manage every part of the legal process on your behalf. We aim to make pursuing a claim as simple as possible, so you can focus on healing.

1. Contact a Medical Malpractice Lawyer in Massachusetts

The first step is determining whether medical negligence may have played a role in your injury. Sokolove Law offers free case reviews to help patients and families understand their legal options.

Our team works with medical professionals who can review your records, evaluate your care, and identify potential signs of malpractice. If we believe you may have a case, we'll explain the next steps and begin preparing your claim.

2. We’ll File Your Massachusetts Medical Malpractice Claim

Once we have gathered the necessary evidence, our legal team will build and file your claim. We will ensure all documents are submitted properly and that your case complies with Massachusetts filing requirements.

Our attorneys understand the unique procedural rules that apply to Massachusetts medical malpractice lawsuits and know what it takes to move a claim forward.

3. We’ll Gather Evidence to Build Your Case

Medical malpractice claims are often complex and require substantial evidence. Our attorneys will collect and review records, consult with medical experts, and identify the providers and institutions that may be responsible for your injuries.

Evidence in a Massachusetts medical malpractice case may include:

• Medical records, imaging scans, laboratory results, and treatment notes
• Expert medical opinions regarding the accepted standard of care
• Surgical reports and hospital records
• Prescription and medication documentation
• Proof of medical expenses, lost income, and other losses
• Testimony from family members, caregivers, or witnesses

Massachusetts medical malpractice claims are typically reviewed by a medical malpractice tribunal early in the litigation process, making a thorough investigation especially important.

4. We'll Negotiate a Massachusetts Medical Malpractice Settlement

Many medical malpractice claims are resolved through negotiated settlements rather than trials. Our attorneys will pursue compensation from the health care providers, hospitals, medical groups, or other parties responsible for your injuries.

If a settlement cannot be reached, we are prepared to present your case to a judge or jury. Throughout the process, our goal is to recover full compensation for medical expenses, lost income, pain and suffering, and more.

Massachusetts Medical Malpractice Settlements & Verdicts

As a leading personal injury law firm, Sokolove Law has secured over $1.5 Billion for patients harmed by medical malpractice, including those in Massachusetts.

Our Massachusetts medical malpractice settlements and verdicts include:

• $10 Million to a Salem man who failed to receive a timely diagnosis
• $9.67 Million for a Roxbury child who suffered injuries during a delayed delivery
• $9 Million to a Randolph family whose baby suffered injuries from malpractice at birth
• $7 Million for a Centerville child with hypoxic-ischemic encephalopathy from malpractice
• $5 Million to a West Springfield child who suffered brain damage from a preventable injury
• $4 Million for a Framingham family after their mother died during childbirth due to a delayed C-section
• $3.75 Million to a Springfield man hurt by malpractice
• $3.6 Million for an Everett man who suffered a stroke following surgery
• $3.5 Million to a North Attleboro woman whose husband died after his cancer went undetected for over a year despite regular checkups
• $3.2 Million for a Lowell family whose son's picline placement caused leg ischemia resulting in limb loss
• $2.5 Million to a Norwood man whose stage 3 gastric cancer was delayed 4 years
• $3.9 Million for an Athol patient who received a delayed diagnosis for a herniated disc
• $3 Million to a Revere man whose abdominal aortic aneurysm wasn't diagnosed in time, resulting in rupture, colostomy, renal failure, and paraplegia
• $2 Million for a woman whose daughter passed away due to medical malpractice
• $2.5 Million to a Boston family whose son had a 5-day delay before being diagnosed with meningitis, resulting in developmental delays
• $4 Million for a Billerica man whose cancer was misdiagnosed
• $3 Million to a Lowell woman whose daughter died of lung damage
• $2.5 Million for a Belmont woman whose cancer wasn't caught in its early stages
• $2.5 Million to a Northbridge woman whose son with cerebral palsy passed away from having to wait too long in the ER
• $3 Million for a Quincy family affected by anoxic brain damage due to malpractice
• $4.87 Million to a Worcester woman whose daughter has cerebral palsy after staying in the NICU for 13 days
• $5 Million for a Brockton child with cerebral palsy from malpractice
• $9.88 Million to a South Hamilton woman who suffered injuries from medical malpractice

While there is never a guarantee of compensation in any case, our Massachusetts malpractice attorneys will fight hard for the compensation and accountability you deserve.

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Since 1979, Sokolove Law has helped thousands of families nationwide secure the compensation they deserve.

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Factors Impacting Massachusetts Malpractice Settlement Amounts

Massachusetts continues to rank among the states with the highest medical malpractice payouts in the country.

The state's average physician malpractice payment was the 6th highest nationwide in 2022. Insurers paid an average of $627,209 per medical malpractice claim on behalf of Massachusetts physicians.

Factors affecting Massachusetts malpractice settlements include:

• Severity of the Injury: Catastrophic injuries such as brain damage, paralysis, organ failure, and permanent disabilities typically result in higher compensation.
• Medical Expenses: The costs of surgeries, rehabilitation, medications, assistive devices, and future medical care can significantly increase a claim's value.
• Lost Income and Earning Capacity: Victims may be compensated for missed work, reduced earning potential, or the inability to return to their profession.
• Long-Term Recovery Needs: Patients who require ongoing treatment, home health care, or lifelong assistance often receive larger medical malpractice settlements.
• Age of the Victim: Cases involving infants and younger patients frequently result in higher awards. Birth injury cases, for example, often result in settlements of $1 Million+ because children may require decades of medical treatment, therapy, and care.
• Pain and Suffering: Physical pain, emotional distress, and reduced quality of life may also be considered when determining compensation.

In 2025 alone, Massachusetts health care providers accumulated 576 adverse action reports and were responsible for 247 malpractice settlements, according to the National Practitioner Data Bank.

Medical malpractice settlements and verdicts can range from $10,000 to over $1 Million, depending on the severity of the injury and its impact on the victim's life. Our medical malpractice attorneys in Massachusetts​ will fight for the maximum compensation possible.

Massachusetts Cap on Medical Malpractice Damages​

Massachusetts law places limits on certain types of compensation available in medical malpractice lawsuits. However, the impact of these limits depends on the facts of the case and the severity of the victim's injuries.

Find out about caps on medical malpractice damages in Massachusetts: 

• Non-Economic Damages: Massachusetts generally caps non-economic damages at $500,000 in medical malpractice cases. Non-economic damages compensate victims for losses that are difficult to measure financially, such as pain and suffering, emotional distress, loss of companionship, and diminished quality of life.
• Exceptions to the Cap: A court may award more than $500,000 in non-economic damages if the patient suffered a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or if enforcing the cap would result in a severe injustice.
• Economic Damages: Massachusetts does not cap economic damages. Victims may seek full compensation for medical bills, rehabilitation expenses, lost wages, reduced earning capacity, long-term care costs, and other financial losses caused by medical negligence.
• Wrongful Death Damages: Families may also seek compensation in wrongful death cases involving medical malpractice. Depending on the circumstances, recoverable damages may include medical expenses, funeral costs, loss of expected income, and the loss of a loved one's companionship.

Because catastrophic injuries often require extensive future medical care, economic damages can account for a significant portion of a Massachusetts medical malpractice settlement or verdict.

Massachusetts Medical Malpractice Laws

Massachusetts has several laws that can affect your ability to file a medical malpractice lawsuit and recover compensation. Understanding these rules is important because they can impact everything from filing deadlines to the amount of damages available in your case.

Key Massachusetts medical malpractice laws include:

• Medical Malpractice Tribunal Requirement: Before most medical malpractice lawsuits can proceed, they must be reviewed by a medical malpractice tribunal consisting of a judge, physician, and attorney. The tribunal determines whether the plaintiff has presented sufficient evidence to raise a legitimate question of liability. (Massachusetts General Laws Chapter 231, Section 60B)
• Comparative Negligence Rules: Massachusetts follows a modified comparative negligence system. A patient's compensation may be reduced by their percentage of fault, and plaintiffs who are found to be more than 50% responsible for their injuries generally cannot recover damages. (Massachusetts General Laws Chapter 231, Section 85)
• Wrongful Death Requirements: When medical negligence causes a patient's death, the claim must generally be brought by the personal representative of the deceased person's estate on behalf of eligible family members. Special filing deadlines and damages rules apply to these cases. (Massachusetts General Laws Chapter 229, Section 2)

A medical malpractice attorney in Massachusetts​ can explain how these laws may affect your case, allowing you to move forward with a claim with confidence.

What Is the Statute of Limitations on Medical Malpractice in Massachusetts?

Every state has laws known as statutes of limitations, which limit the amount of time families have to file a medical malpractice lawsuit. Missing this deadline can mean missing out on money for medical bills and more.

In the case of wrongful death, families typically have 3 years to file a medical malpractice lawsuit. (Massachusetts General Laws Chapter 229, Section 2)

Massachusetts also imposes a 7-year statute of repose, which bars most claims filed more than 7 years after the malpractice occurred, regardless of when the injury was discovered.

Because determining the correct filing deadline can be complicated, it's important to speak with a Massachusetts medical malpractice attorney as soon as possible to preserve your potential right to compensation.

Let Top Medical Malpractice Lawyers in Massachusetts Fight for You

At Sokolove Law, we understand that a preventable medical mistake can change the course of a person's life. Patients and families are often left facing mounting medical bills, lost income, ongoing health challenges, and uncertainty about the future.

Founded in Boston in 1979, Sokolove Law has spent more than 45 years helping families seek justice when trusted health care providers fell short and caused harm.

Our Massachusetts medical malpractice attorneys have the experience, resources, and medical knowledge needed to investigate complex claims, navigate the Commonwealth's unique malpractice laws, and pursue maximum compensation.

Call (800) 995-1212 right now for a free, no-obligation case review and take the first step toward compensation and accountability.

Massachusetts Hospital Ratings

Massachusetts hospitals are rated twice a year by the Leapfrog Group, an independent nonprofit that assigns letter grades A through F based on a hospital's record of preventing medical errors, infections, injuries, and accidents.

Of the 54 Massachusetts hospitals evaluated in the Fall 2025 Leapfrog Hospital Safety Grades, 17 received an A, 16 a B, 16 a C, and four a D. No Massachusetts hospital received an F, but a D grade is a serious warning sign that should not be overlooked.

Fall 2025 Massachusetts Hospital Safety Grades

• Massachusetts General Hospital, Boston — A
• Brigham and Women's Hospital, Boston — A
• Saint Anne's Hospital, Fall River — A
• South Shore Hospital, Weymouth — A
• Cape Cod Hospital, Hyannis — A
• Baystate Noble Hospital, Westfield — B
• Lowell General Hospital, Lowell — C
• Emerson Hospital, Concord — C
• Cooley Dickinson Hospital, Northampton — C
• Baystate Medical Center, Springfield — D
• MetroWest Medical Center, Framingham — D
• Saint Vincent Hospital, Worcester — D
• Heywood Hospital, Gardner — D

If you were harmed at a low-rated facility, that grade is more than a statistic. It is independent evidence that the hospital had known safety problems — and our attorneys know how to use it to your advantage.

Massachusetts Malpractice Attorney FAQs