What Qualifies For Medical Malpractice in Massachusetts


Medical malpractice takes place when a doctor, nurse, or other healthcare professional harms a patient. To be treated as malpractice, the effect of negligence or a reduced standard of care must be there. Where a patient has had common risks and side effects, it is not a form of medical malpractice. Nevertheless, if a patient has not been informed of such dangers, a case of medical malpractice may exist.What Qualifies For Medical Malpractice in Massachusetts


There are four essential elements of a medical malpractice lawsuit:

  1. Standard of duty

A Doctor must provide the most reasonable course of treatment possible as soon as a doctor and patient develop a relationship. It is the element of duty. In simpler terms, a duty must have been owed to a patient by a doctor or a medical practitioner charged with caring for that patient.

  1. Breach

Doctors must satisfy their duty to give their patients the best care possible. When a doctor fails to fulfil his obligation, they breach their duty. This is the breach-element of medical negligence. Simple errors, or human error, do not always count as a breach in this sense. The doctor must commit a severe and unjust mistake. If a practitioner breaches his duty of care, he or she may be responsible for any pain, injury or damage to the patient.

  1. Damage

Damages simply mean the patient suffered damage due to the negligence of the doctor. The patient must prove that the actions of the doctor caused actual harm or disability.

  1. Causation

Causation means that the breach of the standard of care by the health care professional caused an injury to the individual or led to it. Causation in simpler terms is an element to show a connection between the breach of duty and the harm.

If the above elements are fulfilled, a lawsuit for medical malpractice can trigger against the doctor / medical practitioner and the victim and lodge a claim for damages.


According to a report by CNBC and study by John Hopkins, more than 250,000 people in the United States die every year from medical errors. With such a high number, the floodgates are opened for medical malpractice lawsuits in US courts. Some of the most common types of Medical Malpractice lawsuits in the US are:

  1. Failure to diagnose

Most forms of malpractice lawsuits classify as a misdiagnosis, in which the doctor evaluates the patient but does not identify the appropriate illness. The doctor can diagnose the patient with a condition which he or she does not have.

  1. Medical product liability

Many patients suffer excessively due to the poor quality of a medical device used on them, or the doctor prescribed an incorrect medicinal product.

  1. Mistreatment

A doctor mistreats the patient in a way that no other reasonable doctor would do, the patient may have a charge of medical malpractice

  1. Anesthesia mistakes

Mistakes in anesthesia are relatively rare but may be more severe than errors in surgery. Even the anesthesiologist’s small mistake can result in permanent injury, brain damage or even death.

  1. Childbirth injury

Both mother and baby may be victims of medical malpractice. Negligence can lead to severe problems such as fetal distress, spinal cord injuries and postpartum hemorrhage during the birth of the child.

If you or a loved one believes that you are a victim of medical malpractice, it is strongly recommended that you contact an experienced medical malpractice attorney as soon as possible. The attorneys at Sbrogna, Brunelle & Donius, LLP are ready to help and are sensitive to their clients’ needs and confidentiality. The law firm offers a free initial consultation. Contact us today for a free consultation or call: 508-809-7555.

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    We are excited to let you know that effective January 1, 2024, Attorneys Kevin Donius and Roger Brunelle of Sbrogna, Brunelle & Donius, LLP, along with our paralegals Nicole LeBlanc and Denise Geoghan, have joined forces with Tetzel Law, a Boston based firm specializing in cases involving personal injury, medical malpractice, nursing home negligence and abuse, and construction accidents.  We encourage you to visit Tetzel Law’s website at www.tetzellaw.com to learn more about the firm.  With Tetzel Law, we now have offices in Boston, Worcester, Woburn and Hingham.

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    We look forward to continuing our representation of injured individuals throughout Massachusetts with Tetzel Law.

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