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Best Medical Malpractice Lawyers in Boston

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Adler Pollock & Sheehan P.C. logo
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Adler Pollock & Sheehan P.C.

175 Federal St Fl 10, Boston, MA 02110
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  • Wrongful Death

Business Description

Adler Pollock & Sheehan P.C. serves Boston clients. It deals with medical malpractice cases and helps victims obtain compensation from liable healthcare providers. It also defends medical professionals like nurses and physicians facing personal injury claims as well as Medicaid fraud charges. Its other practice areas include intellectual property law. The firm has been featured in a range of media outlets, from the Boston Herald to The Wall Street Journal. Todd White, one of the firm's shareholders, is also licensed to practice in Rhode Island.

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We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Facebook
4.5 / 5 (8)

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We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Bailey & Glasser LLP logo
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Bailey & Glasser LLP

99 High St Ste 304, Boston, MA 02110
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Business Description

Bailey & Glasser LLP has been providing medical malpractice legal services to the greater Boston area for over two decades. It handles all forms of licensed health care provider negligence claims arising from faulty treatments, surgeries, prescription drugs, and medical device malfunctions. Highly esteemed amoung civil medical negligence lawyers in Boston, founding attorney Benjamin L. Bailey is a former counsel to the Governor of West Virginia. He is a member of the Judicial Conference for the US Court of Appeals for the Fourth Circuit.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Facebook
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Barry D. Lang, M.D. & Associates logo
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Barry D. Lang, M.D. & Associates

199 Wells Ave Ste 106, Newton, MA 02459
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Business Description

Barry D. Lang MD & Associates, which is located in Newton, represents plaintiffs and their families in medical malpractice cases throughout Massachusetts. As a trusted medical doctor, Lang uses his knowledge of the human body and medical procedures, testimony from seasoned health care professionals, and information about the latest medical technology to discern negligence. The firm's revered civil medical negligence lawyers near Boston handles cases involving misdiagnosis, surgical errors, birth injuries, hospital and doctor negligence, medication mistakes, nursing home abuse and neglect, and nursing malpractice.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (6)
Facebook
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Barton Gilman LLP logo
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Barton Gilman LLP

75 Federal St Fl 9, Boston, MA 02110
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Business Description

Barton Gilman LLP is a Boston multi-service law firm that defends medical malpractice lawsuits throughout Massachusetts and Rhode Island. The firm's skilled medical malpractice attorneys in Boston concentrate on nursing home and long-term medical facility negligence involving claims of abuse, neglect, mistreatment, and wrongful death. It advises on medical device and pharmaceutical liability claims, provides witness consulting services, and seeks to enforce arbitration agreements. Barton Gilman additionally handles cases involving product and premises liability, divorce, child custody, estate planning, criminal defense, and appeals.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (2)

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We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Bellotti Law Group, P.C. logo
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Bellotti Law Group, P.C.

529 Main St #128, Boston, MA 02129
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Business Description

Bellotti Law Group, P.C. is a personal injury law firm with offices located in Boston, MA, Cambridge, MA, and Quincy, MA. Practice areas include personal injury, civil litigation, criminal law, estate planning, family law, workers' compensation, and more. The personal injury cases they handle include bicycle accidents, bus accidents, car accidents, catastrophic injuries, defective products, dog bites and animal attacks, medical malpractice, and more. Bellotti Law Group, P.C. has been recognized by the American Institute of Legal Counsel as among the Top 10 Attorneys and Firms.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9

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We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Crowe & Dunn logo
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Crowe & Dunn

77 Franklin St, Boston, MA 02110
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Business Description

Crowe & Dunn is a boutique law firm that has represented clients in the Boston area for more than four decades. It defends clients who have received faulty medical and surgical care resulting in undue injuries or illnesses. Partner William D. Crowe, who holds an AV rating from Martindale-Hubbell, is a former clinical trial practice instructor at Suffolk Law School. Crowe & Dunn also handles commercial litigation and family law cases.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Avvo
5.0 / 5 (5)

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Crowe & Mulvey LLP logo
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Crowe & Mulvey LLP

77 Franklin St, 3rd Floor, Boston, MA 02110
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  • Wrongful Death
  • Misdiagnosis of Illness

Business Description

Crowe & Mulvey LLP provides counsel and representation to clients in the Boston metro and the surrounding locations. It deals with different types of medical malpractice cases, such as anesthesia and hospital negligence, birth injuries, late diagnosis, medication and surgical errors, and wrongful death. Its approaches include using testimony to prove that the healthcare provider acted negligently, negotiating settlements with insurance companies, and taking the case to trial. Philip J. Crowe Jr., a partner at the firm, is an American Association for Justice member.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (151)
Facebook
5.0 / 5 (4)
Yelp
1.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Fazli & Associates, P.C. logo
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Fazli & Associates, P.C.

75 Arlington Street, Boston, MA 02116
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Business Description

Fazli & Associates PC is a team of civil litigation and medical malpractice attorneys near Somerville. The team litigates and mediates during lawsuits involving medical mistakes made by doctors, nurses, and hospital staff, such as failing to diagnose and treat a patient, misinterpreting and ignoring test results, surgical and anesthetic errors, prescribing improper medications, and discharging a patient too early. The firm has additional experience in the fields of immigration and bankruptcy law.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Avvo
5.0 / 5 (28)
FindLaw
5.0 / 5 (1)
Freeman Mathis & Gary. LLP logo
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Freeman Mathis & Gary. LLP

60 State St Ste 600, Boston, MA 02109
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Business Description

Freeman, Mathis, & Gary LLP is a law firm located in Boston and established in 1997 that defends medical institutions and health care providers nationwide against claims of medical negligence. It represents doctors, nurses, physician groups, mental health professionals, skilled nursing facilities and other health professionals in claims alleging neglect, injury, death, fraudulent charting, medication errors, abuse, exploitation, and theft. The firm additionally handles cases involving product and premises liability, employment law, commercial litigation, and appeals.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Facebook
5.0 / 5 (12)
Joel H. Schwartz, P.C. logo
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Joel H. Schwartz, P.C.

1 Washington Mall #16, Boston, MA 02108
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  • Wrongful Death

Business Description

Joel H. Schwartz, P.C. is a personal injury law firm. It has been representing individuals in the Boston area for over 55 years. It helps clients by holding doctors and hospitals accountable for avoidable medical errors such as failure to diagnose or treat a medical condition; medication errors; negligent surgical procedure performance; and birth injuries. The firm has settled over 30,000 claims and obtained hundreds of millions of dollars for clients in car accidents, dog bites, nursing home abuse, defective drugs, and wrongful death cases.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.9 / 5 (99)
Avvo
4.0 / 5 (8)
Facebook
4.3 / 5 (6)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Kazarosian Costello LLP logo
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Kazarosian Costello LLP

10 Federal St Ste 401, Salem, MA 01970
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Business Description

Kazarosian Costello LLP is a multi-jurisdictional firm located in Salem and handling medical malpractice cases throughout Massachusetts and southern New Hampshire. Founded in 1952, the firm represents those injured due to the negligence of a medical professional or health care provider. It seeks compensatory and punitive damages for loss of consortium, monetary losses, emotional distress, pain and suffering, and wrongful death. Kazarosian Costello additionally handles other personal injury claims as well as cases involving civil rights, criminal defense, discrimination, commercial litigation, and divorce.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Google
4.6 / 5 (10)
Facebook
4.0 / 5 (8)
Avvo
5.0 / 5 (8)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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KJC Law Firm logo
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KJC Law Firm

10 Tremont Street 5th Floor, Boston, MA 02108
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  • Wrongful Death
  • Birth Injuries

Business Description

The KJC Law Firm handles medical malpractice claims throughout Boston. Its attorneys help people who have been injured due to misdiagnosis, surgical and anesthesia errors, failure to diagnose serious medical conditions, and improper supervision of patients sue the liable parties and recover maximum compensation for damages and losses. The firm's caseload also includes car accidents, wrongful death, and labor and employment. Its founder, Kathy Jo Cook, served as president of the Women’s Bar Association of Massachusetts and is affiliated with the American Board of Trial Advocates.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Google
4.4 / 5 (44)
Facebook
5.0 / 5 (9)
Yelp
5.0 / 5 (5)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Law Office of John J. Sheehan logo
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Law Office of John J. Sheehan

10 Tremont St. Suite 309, Boston, MA 02108
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  • Surgical Mistakes
  • Misdiagnosis of Illness

Business Description

The Law Office of John J. Sheehan focuses its practice on representing accident victims in Boston. It protects the rights of individuals who have been harmed by the malpractice of medical professionals by helping them obtain compensation for their injuries. Since 1993, the firm's principal lawyer, John J. Sheehan, has been advocating on behalf of people who have suffered injuries due to car crashes, defective products, and slips and falls. He served as the founding partner of Georgiou & Sheehan, a plaintiff personal injury law firm.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
4.9 / 5 (60)
Facebook
4.0 / 5 (2)
Yelp
3.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Law Offices of Mark E. Salomone logo
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Law Offices of Mark E. Salomone

2 Oliver St Ste 608, Boston, MA 02109
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Business Description

The Law Offices of Mark E. Salomone is a law firm located in Massachusetts with offices in Worcester, Springfield, Ware, Framingham, Holyoke, Chicopee, Northampton, Roxbury, Burlington, and Greenfield. In Connecticut, their offices are in Hartford, Waterbury, New Haven, Manchester, Norwich New Britain, Willimantic, and Torrington. This law firm was established in 1985 and specializes in auto accidents, medical malpractice, and more. In 2015, The Law Offices of Mark E. Salomone was given the Litigator Award for ranking in the Top 1% by the Trial Lawyers Board of Regents.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Facebook
4.5 / 5 (31)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Law Offices of Samuel A. Segal logo
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Law Offices of Samuel A. Segal

111 Beach St., Ste. 1, Boston, MA 02111
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  • Wrongful Death
  • Misdiagnosis of Illness
  • Surgical Mistakes

Business Description

The Law Offices of Samuel A. Segal serves clients in Boston. It has over a decade of experience helping injured people, including medical malpractice victims. Samuel Segal, the firm's founding lawyer, works for the injured to receive the best possible restitution and damages, which may include payment of medical expenses, lost earnings, and pain and suffering. He also volunteers for the Massachusetts Bar Association's monthly Dial-a-Lawyer program, where attorneys answer legal concerns from callers, as part of his mission to give everyone access to justice.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.8 / 5 (40)
Avvo
5.0 / 5 (4)
Yelp
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Mark F. Itzkowitz, Esq. logo
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Mark F. Itzkowitz, Esq.

175 Federal Street, Suite 505, Boston, MA 02110
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  • Birth Injuries

Business Description

Mark F. Itzkowitz, Esq., has been dealing with cases concerning medical malpractice for over 30 years. It performs legal services for clients in Boston with the aid of consultations with professionals, such as chiropractors, forensics engineers, pharmacists, and trauma doctors. Additionally, the firm handles matters involving animal attacks and defective products, as well as vehicle and pedestrian accidents. Its attorney, Mark Floyd Itzkowitz, is a member of the Massachusetts Academy of Trial Attorneys and the American Association for Justice.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Meehan, Boyle, Black & Bogdanow, P.C. logo
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Meehan, Boyle, Black & Bogdanow, P.C.

100 Cambridge Street, Suite 2101, Boston, MA 02114
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  • Nursing Home Neglect
  • Birth Injuries
  • Surgical Mistakes
  • Misdiagnosis of Illness
  • Emergency Room Negligence

Business Description

Meehan, Boyle, Black & Bogdanow PC is a Boston-based law firm representing clients injured due to medical malpractice. Using a mix of trial experience and a network of medical consultants, the firm's attorneys assess the severity and legal relief due in various cases, from misdiagnosed patients to wrongful amputations and incidental permanent disability. They also litigate cases involving faulty pharmaceuticals and medical devices. Leo Boyle serves on the Board of Governors of the Massachusetts Academy of Trial Attorneys.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (3)
Avvo
5.0 / 5 (2)
Justia
10.0 / 5 (2)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Prince Lobel Tye LLP logo
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Prince Lobel Tye LLP

1 International Pl Ste 3700, Boston, MA 02110
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Business Description

Prince Lobel Tye LLP is a large Boston firm representing physicians and practice groups in cases involving medical malpractice or health care investigations. The firm's team of knowledgeable civil medical malpractice attorneys in Boston has defended the region's largest health care system and hospital network against discrimination claims and has assisted in cases regarding security breaches of private health care information. It also has extensively worked with defending allegations made under the False Claims Act and those regarding improper kickbacks from pharmaceutical companies.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Ravech Law logo
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Ravech Law

699 Boyslon Street, 12th Floor, Boston, MA 02116
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  • Medical Malpractice
  • Personal Injury

Business Description

Ravech Law represents people who have been injured due to the negligence of others. It handles medical malpractice cases in Boston and the surrounding areas. The legal practice also pursues justice for personal injury victims, including slips and falls, motor vehicle accidents, and construction accidents. The firm's attorney, Paul Ravech, is a recipient of the American Jurisprudence award. Ravech recovered $2 million for a plaintiff whose husband died due to a careless pulmonary vascular stapling while undergoing a lobectomy.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Facebook
5.0 / 5 (7)
Sweeney Merrigan Law, LLP logo
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Sweeney Merrigan Law, LLP

268 Summer Street, Boston, MA 02210
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Business Description

Sweeney Merrigan Law, LLP is a law firm located in Boston, Massachusetts. Their practice areas include car accidents, bike accidents, motorcycle accidents, dog bite injuries, medical malpractice, DUI accidents, victim brain injuries, wrongful death, slip and fall accidents, and more. In 2015, Peter M. Merrigan, one of Sweeney Merrigan Law, LLP attorneys, was recognized as a “Top 40 Under 40 Trial Attorney”. Sweeney Merrigan Law, LLP offers a free consultation.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Yelp
5.0 / 5 (15)
Facebook
5.0 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Tempus Fugit Law logo
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Tempus Fugit Law

185 Devonshire St. Suite 201, Boston, MA 02110
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  • Misdiagnosis of Illness
  • Surgical Mistakes

Business Description

Tempus Fugit Law advocates for the rights of victims of medical malpractice in the Boston metro by evaluating the situation and providing legal counsel. It helps clients obtain just compensation for cases that pertain to surgical errors, cancer misdiagnosis, wrongful death, and hospital negligence. The full-service law firm aims to protect the interests of plaintiffs through counseling, settlement, or litigation. Gilbert Schipani, the founding attorney, was recognized as Boston's Best Lawyer by the Boston Magazine in 2021.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
4.9 / 5 (168)
Avvo
5.0 / 5 (36)
Facebook
4.4 / 5 (7)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Back to Providers

Frequently Asked Questions

What does a medical malpractice lawyer do?

Medical malpractice lawyers represent patients who have been injured during or as a result of medical treatment, when those injuries are caused by the negligence of health care providers, including physicians, dentists, anesthesiologists, clinics, and hospitals. A medical malpractice attorney will meet with a patient, determine if a malpractice case is warranted, gather information from the patient and from medical experts, depose defendants under oath, and negotiate a settlement on behalf of the patient. If an out-of-court settlement cannot be reached, a medical malpractice attorney will litigate the case in court on behalf of the patient.

Do I have a medical malpractice case?

To have a medical malpractice case, a patient must have been injured when a health care provider, who had a duty of care to the patient, breached the accepted standard of care. An attorney looks for certain signs that medical malpractice has taken place, including:

  • A lack of informed consent, in which a person didn’t agree to a treatment or procedure, or the  provider failed to fully explain the risks before proceeding
  • A highly unusual outcome results from a procedure or treatment, which may indicate that the provider made a mistake
  • A patient is informed by their health care provider or hospital that a mistake was made

What are the chances of winning a medical malpractice lawsuit?

According to the U.S. National Institutes of Health’s 20-year study of medical malpractice case outcomes, winning a suit largely depends on the strength of the evidence. Patients won just 10% to 20% of jury trial cases with weak evidence, compared to 30% of lawsuits with midrange evidence. Patients succeeded in 50% of cases with strong evidence. In addition to evidence, factors such as an attorney’s familiarity with the practice of medicine, and the attorney’s specialized background in medical malpractice law, may contribute to the success of the lawsuit.

Is a misdiagnosis suitable for medical malpractice?

Misdiagnosis can constitute malpractice if it's proven that a doctor has failed to meet the usual standard of care. These types of cases usually involve mishandling of testing or delayed diagnoses. They may also involve a doctor's failure to interpret test results, screen for a specific condition, provide a specialist referral, discuss symptoms a patient is experiencing, or investigate possible causes of reported symptoms.

As a patient, how do I choose a good medical malpractice lawyer?

Start by creating a short list of local medical malpractice lawyers specializing in plaintiff representation, then narrow it down by taking these steps:

  • Look at the lawyer’s website for details about their malpractice experience and knowledge.
  • Check whether an attorney is a member in good standing of local, state, and national trial lawyers' associations and the state bar association.
  • Ask what percentage of each lawyer’s caseload is devoted to medical malpractice, what portion of the cases go to trial versus settling, and how much of the case work is delegated to support staff.
  • Verify that an attorney works on a contingency fee basis and absorbs up-front expenses.

What percentage of a settlement do medical malpractice lawyers get?

Medical malpractice lawyers typically represent clients on a contingency basis, receiving payment only if the plaintiff receives a settlement. The standard fee is 33% of the amount awarded. Attorneys may also pay litigation expenses up front, such as filing fees and other case-related costs, before receiving reimbursement from the settlement. Contingency fee percentages, other litigation costs, and payment structures may be negotiable.

What’s the statute of limitations on medical malpractice?

Statutes of limitations for medical malpractice lawsuits differ in each state. The limitations in three of the most populous states show how these laws can vary:

  • California plaintiffs have one year from discovering an injury or three years maximum from the injury date. Cases of foreign objects left in a person's body during surgery have no three-year deadline.
  • New York claims must be filed within 30 months of an injury-causing event. The time limit for left-behind foreign objects is one year from discovery.
  • Texas plaintiffs have two years to file suit, post injury. There are several exceptions, including continuing treatment situations, discovery after the limit expiration, and a 10-year maximum limit.

How do you file a medical malpractice lawsuit?

Taking these steps may get a medical malpractice issue resolved quickly or help when filing a lawsuit becomes necessary:

  • Contact the doctor or health care provider to discuss the injury and a solution to the situation.
  • File a complaint with the local medical licensing board.
  • Check the state’s statute of limitations for filing a malpractice claim.
  • Consult with an impartial medical expert to get a written opinion on whether accepted standards of care were followed.
  • Arrange a free initial consultation with a local medical malpractice lawyer to determine if filing a lawsuit is worthwhile.
  • Consider settling with the health care provider or their insurance company to avoid a lengthy court case.

How does a medical malpractice lawsuit work?

A consultation with an attorney is the first step in initiating a medical malpractice lawsuit. During the consultation, the patient will explain their case, including their injuries and the impact of those injuries on their life and well-being. The patient will identify the person or organization they believe breached the standard of care, and indicate how they believe that breach led to their injuries. The attorney will determine if the patient has a viable malpractice claim, and if so, will enter into an agreement to represent the patient. Next, the attorney will begin an investigation, reviewing medical records and consulting with medical experts. Following the investigation, the discovery process will allow the plaintiff and defendant to share information with each other about the case under oath. In the vast majority of malpractice cases, the settlement phase follows. During this phase, the doctor or facility will agree to pay the plaintiff a mutually agreed upon amount of money. If a settlement cannot be reached during this phase, the medical malpractice lawsuit will proceed to trial.

As a healthcare provider, how do I avoid medical malpractice?

With the goal of enhancing the quality of care provided, while also limiting the risk of harm to patients, doctors can reduce the likelihood of medical malpractice lawsuits by adopting best practices, such as the following:

  • Establish trusting relationships through open and honest communication, and disclose poor outcomes and errors if they occur.
  • Stay up to date on disease management methods, technological advancements, and current standards of care in their area of specialty.
  • Obtain informed consent by fully explaining the risks and possible outcomes of procedures and treatments.
  • Improve follow-up care after any missed appointments and scheduled tests and procedures to help prevent delayed or overlooked diagnoses.
  • Maintain accurate, detailed records of patient exams, treatments, and counseling provided.

What can a medical malpractice defense attorney do for a doctor who has been sued by a patient?

While it can be upsetting and stressful to be sued by a patient, medical malpractice lawsuits are actually fairly common. In fact, a recent American Medical Association benchmark survey found that more than one third of physicians in the U.S. have been sued for malpractice at some point during their career. In the event of a patient lawsuit, the doctor’s malpractice insurance provider will supply the doctor with a malpractice defense attorney to handle the case. If the doctor is not confident with the insurer-provided attorney—for instance, if they sense that their case is being passed along to less experienced associates, or if they feel like they are being forced into a settlement by their insurer—they can hire, and pay for, private counsel. In these cases, the private malpractice defense attorney can explain legal procedures, weigh in on case strategy and settlement possibilities, and suggest stronger defense action if warranted.

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