Practice areas

Medical Malpractice

Surgical errors, misdiagnosis, medication mistakes, and negligent care from any health care provider.

When you put your health in someone else’s hands, you trust them to meet a reasonable standard of care. When they don’t, the consequences can be devastating — a worsened condition, a permanent injury, or the loss of a loved one.

The Boston law office of Dane Shulman Associates, LLC, helps victims of medical negligence and their surviving family members pursue the compensation they are owed. For more than 75 years, the Dane Shulman name has stood for serious, fair representation across Massachusetts. Call 617-298-2500 for a free, confidential consultation.

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Do I have a medical malpractice case?

Health care professionals have a duty to provide patients with a reasonable standard of care — the level of care a reasonably skilled provider in the same field would give under similar circumstances. When care falls below that standard and causes harm, the result is medical negligence, also known as medical malpractice.

A bad outcome alone is not malpractice. A valid claim generally requires showing that:

  • A provider-patient relationship existed
  • The provider’s care fell below the accepted standard
  • That failure caused your injury
  • You suffered real damages as a result

We help you determine whether what happened to you rises to the level of a malpractice claim — honestly, and with no pressure to move forward.

Types of medical malpractice we handle

Medical negligence takes many forms. We represent patients and families in cases involving:

  • Surgical errors
  • Misdiagnosis of cancer and other medical conditions
  • Failure to diagnose or delayed diagnosis
  • Negligence in treating complications during pregnancy
  • Anesthesia errors, including over-sedation and wrong dosage
  • Medication errors, including dispensing the wrong drug
  • Failure to properly treat infections related to treatment
  • Improper reading of X-rays and other imaging
  • Hospital negligence and emergency room errors
  • Dental and chiropractic errors

Claims against all types of health care providers

Many people think a malpractice claim can only be brought against a doctor after a major surgical or diagnostic mistake. In fact, a claim can be brought against any professional or organization responsible for providing health care, including:

  • Surgeons and physicians
  • Nurses
  • Hospitals and emergency departments
  • Pharmacists
  • Dentists
  • Chiropractors
  • Psychologists
  • Nursing home staff
  • Home health care providers
  • Alternative medicine practitioners

How medical malpractice claims work in Massachusetts

Medical malpractice cases in Massachusetts follow rules that other personal injury cases don’t. Understanding them early protects your claim

Before filing a lawsuit, the injured patient generally must give the provider written notice of the claim at least 182 days in advance (M.G.L. c. 231, § 60L). This period gives the parties a chance to exchange records and explore resolution before litigation.

Every malpractice case filed in Massachusetts is first reviewed by a tribunal made up of a judge, a physician, and an attorney (M.G.L. c. 231, § 60B). The tribunal decides whether the evidence raises a legitimate question of liability. If it finds against the patient, the case can still proceed, but only if the patient posts a bond. Presenting strong expert evidence at this stage is critical.

Generally, a malpractice claim must be filed within three years of when you knew, or reasonably should have known, that you were harmed by the care you received. There is also an outer limit of seven years from the date of the negligent act, with limited exceptions such as a foreign object left in the body (M.G.L. c. 260, § 4). Claims involving minors have separate rules. Don’t wait — deadlines can be missed without realizing it.

Massachusetts caps non-economic damages such as pain and suffering at $500,000 in most malpractice cases, but the cap does not apply where the injury involves a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or other special circumstances (M.G.L. c. 231, § 60H). Economic damages — medical bills, lost wages, future care — are not capped.

Building the strongest possible case

Malpractice cases are won on evidence and expertise. We work with a network of professional investigators, medical experts, and insurance consultants to investigate what happened and develop the strongest case possible — whether that means negotiating a fair settlement or winning in court.

That process typically includes:

  • Obtaining and reviewing your complete medical records
  • Consulting qualified medical experts in the relevant specialty
  • Establishing the accepted standard of care and how it was breached
  • Documenting the full extent of your injuries and future needs

You owe us nothing upfront

We handle medical malpractice cases on a contingency basis, and we advance the costs of investigating and developing your case — including expert review, which can be substantial. You pay no attorney fees unless you receive money damages through a settlement or trial judgment.

It costs nothing to talk with us about what happened. We will help you understand your options, and you will be under no pressure to move forward.

FAQ

Medicine carries risk, and not every poor result is negligence. Malpractice occurs when a provider’s care falls below the accepted standard and that failure causes harm. An attorney working with medical experts can help you tell the difference.

Generally three years from when you knew or should have known about the injury, with an outer limit of seven years from the negligent act in most cases. Special rules apply to minors and foreign-object cases.

Yes. Claims can be brought against any health care professional or organization whose negligent care caused your injury.

Nothing upfront. We work on contingency and advance the costs of the case, including expert review. You pay attorney fees only if we recover money for you.

Yes. Surviving family members may pursue a wrongful death claim when a loved one’s death was caused by medical malpractice.

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Your consultation is free, and you pay nothing unless we win. The sooner we start, the more we can do.

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