Medical Malpractice

Not every surgery or medical treatment turns out the way the doctor and patient hoped it would. But there are times when a medical mistake is so egregious and the injury so devastating that a medical malpractice lawsuit is warranted. This determination can be complex. At Meehan, Boyle, Black & Bogdanow, the trial attorneys have the experience it takes to evaluate, litigate, and try medical malpractice and medical neglect cases. MBBB attorneys have handled cases involving:

Birth injuries, including cerebral palsy, Erb’s palsy, shoulder dystocia, birth asphyxia, and birthing injuries to the mother
Surgical errors, including wrongful amputations, permanent disabilities and death
Misdiagnosis and delayed diagnosis
Emergency room errors
Neglect and abuse of nursing home residents

Our trial attorneys are thorough in their pursuit of justice in medical malpractice cases, and have access to a network of respected medical experts. Lawyers at Meehan, Boyle, Black & Bogdanow work as a team, using their diverse set of skills to build strong and effective cases, leading to the best possible results.

Significant Cases

Malley v. Sotrel

$1.9 million verdict in favor of minor child who sustained a hemipharesis from a negligently managed labor and delivery.

Failure to Diagnose Cardiac Dissection

$1.52 million settlement for patient kept waiting for cardiac testing and transfer to a tertiary care center that resulted in a serious cardiac compromise.

Failure to Diagnose Birth Complication

$5.2 million settlement in case arising from defendant’s failure to diagnose and inform the plaintiffs that the twins carried by the mother were conjoined.

Failure to Diagnose Cancer

$8 million verdict in case arising from a physician’s failure to interpret mammographic findings. The failure caused the plaintiff to suffer from a significant delay in diagnosis and treatment and, consequently, a significant loss in quality of life

Surgical Malpractice Results in Wrongful Death of a 23-year-old Woman

$3.2 million settlement for wrongful death/medical malpractice case involving a 23-year-old woman with Down Syndrome where surgeons closing a feeding tube site failed to ensure the surgical stapler had properly sealed the wall of the stomach. Tragically, stomach contents leaked into the abdominal cavity postoperatively, resulting in sepsis, organ failure, and death.

Misdiagnosis is the most common source of medical malpractice claims.

Frequently Asked Questions

What is medical malpractice?

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, hospital, or nursing home fails to provide the standard of care that a competent professional would deliver under the circumstances, leading to harm or injury to the patient. This can include misdiagnosis, delayed diagnoses, surgical errors, medication mistakes, or other negligent treatment. Not all provider errors lead to compensable harm, and not all poor patient outcomes are caused by provider error, but when both occur, there may be a case for a medical malpractice claim.

How do I know if I have a medical malpractice case?

If you have suffered significant and lasting harm as a result of substandard medical care, it is important to consult a qualified medical malpractice attorney, like the team at Meehan, Boyle, Black & Bogdanow. We can review your medical records, consult medical and other experts, and assess the likelihood of being able to prove your injuries were caused by the provider’s negligence.

What compensation can I receive in a medical malpractice case?

In a medical malpractice case, you may be eligible for compensation for your financial and other harm. This includes coverage for past and future medical expenses stemming from the malpractice, an amount for lost wages and future earnings, as well as compensation for your physical and mental pain and suffering. Additionally, family members, particularly spouses, could be entitled to monetary damages for” loss of consortium”, recognizing how the injury has affected your relationship with them. In cases of particularly egregious, or gross negligence resulting in patient death, punitive damages may also be awarded to penalize the provider if certain legal requirements are met, though these are not routine. Our attorneys will carefully assess your case to ensure that all appropriate damages are pursued. For a free consultation about your right to compensation, please reach out to us online or by calling 617-523-8300.

What is the deadline for filing a medical malpractice claim in Massachusetts?

In Massachusetts, the filing deadline (known as the statute of limitations) for medical malpractice cases is generally three years from the date of the injury or the date the injury was discovered. However, specific situations may affect this timeline, so it is best to speak with an attorney as soon as possible to ensure you do not lose your legal right to file a claim against your negligent medical provider. With the exception of cases where a foreign object is left within the patient’s body during surgery, no medical malpractice cases may be brought for conduct occurring more than seven years prior, regardless of when the patient learned of the negligence.

How do I prove medical malpractice occurred?

There are specific elements that must be proven to be successful in your medical malpractice claim. By analyzing the evidence in your case and working with respected medical experts, our attorneys will help you establish that:

The provider owed a duty of care to you.
The provider breached this duty through a negligent action or failure to act.
The breach directly caused your injury.
The injury led to damages, such as additional medical costs, lost income, or pain and suffering.

Who can I sue for medical malpractice?

In a medical malpractice case, you may be able to sue several parties, including individual healthcare providers and the hospital, nursing home, or medical facility at which you received care. You can hold a doctor, nurse practitioner, surgeon, or other specialist accountable if their actions or negligence directly caused your injury. Additionally, a hospital or clinic may be liable if it failed to properly vet, train, or supervise its staff, or if its policies or procedures contributed to the harm. Cases against hospitals or other entities that are in fact charitable organizations may be hampered by statutory caps on damages, but the lawyers at Meehan, Boyle, Black & Bogdanow will help you navigate these issues.

Our attorneys will thoroughly investigate your case to identify all responsible parties and ensure claims are brought against all appropriate parties.

What should I do if I suspect I am a victim of medical malpractice?

If you believe you have been harmed due to medical malpractice, your first priority should be getting appropriate medical care to address any immediate health concerns. After that, consider taking the following steps:

Obtain Your Medical Records: Request copies of all relevant records, including test results, treatment notes, and discharge instructions. Your attorney can also help with this.

Document Your Symptoms: Keep a detailed record of your symptoms, treatments, and any additional medical procedures you have undergone as a result.

Consult a Medical Malpractice Attorney: Reach out to a reputable medical malpractice attorney like the team at Meehan, Boyle, Black & Bogdanow who can evaluate your case, help preserve crucial evidence, and guide you through the legal process.

How long does a medical malpractice case take to resolve?

The timeline varies widely, but medical malpractice cases often take years to resolve. At Meehan, Boyle, Black & Bogdanow, we work diligently to ensure that you get the answers and compensation you deserve as promptly as possible without sacrificing the quality of your case. We also keep you informed at every stage while we work toward settlement and, if necessary, trial.

Will I need to go to court for a medical malpractice case?

While many medical malpractice cases are settled out of court, some do proceed to trial. We will guide you through your options and help negotiate a fair settlement, but if the case goes to trial, our attorneys are experienced advocates who will fight for you aggressively in court.

How can a medical malpractice lawyer help me?

In a medical malpractice case, having an experienced attorney is essential. At Meehan, Boyle, Black & Bogdanow, we understand the challenges of facing large healthcare institutions and their insurers, which often have strong legal defense teams. Our attorneys have the skill and resources to build a compelling case, which includes investigating the facts, gathering evidence, consulting with medical experts, negotiating with insurers, and advocating for you in court. Our priority is to pursue the full compensation you deserve so that you can focus on healing and moving forward.

Can a medical malpractice claim be filed on behalf of a deceased loved one?

Yes, if a loved one has passed away due to suspected medical negligence, the Personal Representative of the patient’s estate can file a wrongful death claim on behalf of the next of kin. This can help recover damages for medical expenses, funeral costs, and loss of companionship, among other losses. You should consult a trusted attorney to help you determine the best course of action in such cases.

What are common examples of medical malpractice?

Common forms of medical malpractice include:

Misdiagnosis or delayed diagnosis
Surgical errors, such as operating on the wrong site or leaving instruments in the body
Medication errors, including incorrect prescriptions or dosages
Birth injuries to mother or child due to improper prenatal care or delivery techniques
Failure to monitor a patient’s condition or act on critical symptoms

Each case is unique, and speaking with an experienced attorney can help determine if your experience may constitute medical malpractice.

How much does it cost to hire a medical malpractice lawyer?

Most medical malpractice attorneys, including our team at Meehan, Boyle, Black & Bogdanow, work on a contingency fee basis, meaning you do not pay any legal fees upfront. We only collect a fee if you win your case or obtain a settlement. This allows you to pursue your claim without worrying about legal bills. Our fees in medical malpractice cases are governed by state statute, starting at 40% of the recovery and scaling down to 25% of any recovery over half a million dollars.

Who should I speak to at Meehan, Boyle, Black & Bogdanow if I think I am the victim of medical malpractice?

If you believe you have been harmed due to medical malpractice, our experienced attorneys at Meehan, Boyle, Black & Bogdanow are here to help. Our team has a proven track record of handling complex medical malpractice cases with compassion and diligence. When you contact us, we will schedule a free, confidential consultation where you can discuss your case with one of our knowledgeable attorneys. We will listen to your concerns, explain your rights, and outline the steps you can take to get answers and to seek compensation. Reach out to us online or call 617-523-8300.

Client Testimonials

Leo Boyle and John Carroll were tireless advocates for my family and I in the wake of a devastating severe traumatic brain injury I suffered in 2009. In the months and years after my injury, while the case was pending and long after, Leo and John took a personal interest in our case, continuously advocating for our safety and mental health. They displayed great intellect, as well as dedication and patience, in developing a compelling case and securing a much-needed settlement from the defendants. While it did not reverse the harm done, it provided us with the support, closure, and financial freedom we needed to move forward. — Leslie B.

Jeremy Carroll took on our case for a car accident. Barbara and him were wonderful. Very attentive and professional every step of the way. I would highly recommend his services anytime! — Heatherly D.

My wife and I were in an accident while riding our motorcycle. The accident was clearly the fault of the other operator. We had never hired a lawyer to represent us in a civil action before, and I wasn't even sure we needed one. But the other party's insurance company was being unreasonable, so we decided to hire a lawyer. We have a friend that works at MBBB, and they gave us a strong recommendation, so we had an initial discussion to learn the process. MBBB put Jeremy Carroll and Catherine Croteau on our case, and we could not have been happier with the process and the way things turned out. In addition to being experts at their jobs, both Jeremy and Catherine are kind, empathetic people who held our hands throughout the process. As a settlement was being negotiated and we became impatient, Jeremy talked us off the ledge a few times and asked us to trust in his experience. I'm glad we did, because I believe he maximized our settlement. In addition to being great at what they do and being extremely professional, Jeremy and Catherine are super nice people. I hope we never need it, but if we ever need representation again, we will be calling them!

Jenn and Catherine are two of the best at their job. Three words I would use to describe them are honorable, empathetic, and unwavering. The transparency of communication with them was unparalleled, and any single question I had was answered thoroughly and understandable. I would recommend the professionalism of Meehan, Boyle, Black & Bogdanow, P.C to anyone who finds themselves seeking justice in an unfortunate situation. After interviewing multiple law firms in the Boston area, I found that most firms just look at you as numbers on a spreadsheet. They lack humility, and don't realize that you are suffering in real time, not just on paper. This firm is the polar opposite, in that it is made of real people, with real understanding of what you are going through, and will do what it takes to make you feel some sense of closure. Thank you Jenn. Thank you Catherine. Thank you Meehan, Boyle et al. — Alex C.

For years I was dealing with a severe personal injury case. After being represented by four different attorneys, I finally found Meehan, Boyle, Black, and Bogdanow. I interviewed several so-called top firms and spoke to the big largest firms. Unfortunately, none of them understood the case's complexity or had a strategy to navigate successfully. I first spoke to Peter Ainsworth. He listened and showed genuine compassion and care for my situation. Peter then introduced me to the All-Star team of Jeremy Carroll and, Jennifer Denker, Nora Carroll, and then the real work began. Nora Carroll, a superstar who catalogued volumes of evidence from my previous attorneys, and coordinated obtaining additional information in an extensive medical file. Jeremy Carroll was the lead on my case and primary contact. He was invested, knowledgeable, analytical, and extraordinarily thorough. From the review stage to strategy and execution, he was exemplary. With compassion and intensity, this team of true professionals pursued my best interest. Then, when I didn't think it could get better, they added the experience and long-held wisdom of Leo Boyle. Being represented by Meehan, Boyle, Black, and Bogdanow meant the biggest disaster that happened in my life was finally resolved. I am extremely pleased with the negotiated settlement. Their efforts will make a big difference in being able to care for myself and my family. — Tyioun K.

Great Law Firm. Their paralegal, Nora, is so professional and very accurate, and gets back to you regarding any questions that you may have. Also, one of the attorneys, Peter, is nothing but professional and again is willing to answer any questions that you may have regarding any legal matters. THIS IS A 5 STAR FIRM AND ALL EMPLOYEES ARE VERY COMPETENT. KEEP UP THE GREAT WORK!!! — Christine S.

I had a such a pleasant experience working with my attorney, Peter Ainsworth, and his paralegal Barbara. They are reliable, trustworthy, loving, and so caring. If you are looking for an attorney that cares about you, this is the place to go!!!! — Gabriela R.

I was in a car accident where I had sustained physical damage to both myself and my vehicle. Meehan, Boyle, Black & Bogdanow law firm was fantastic in helping navigate compensation for the damages I sustained. The law firm did a great job communicating with me throughout the entire process and was able to negotiate the best result financially. I would highly recommend this law firm to represent you. — Todd D.

I recently had the opportunity to work with Meehan, Boyle, Black & Bogdanow, PC, and I must say it was a wonderful experience. From the moment I reached out to them, they were attentive, understanding, and empathetic. Dealing with a personal injury can be stressful and overwhelming. They took the time to listen to my concerns and thoroughly explain the legal process. I would highly recommend them. — Lisa M.

Working with Jeremy Carroll has been a great experience in managing my auto accident case. He listens, he is knowledgeable, experienced, and personable. He was able to achieve and negotiate a fair settlement. I would absolutely recommend hiring Jeremy! — Elisabeth W.

Attorney Jeremy and Barbara from his team have been so amazing to me and my family. We had a family death and Jeremy has been so professional, so patient, and so thorough every single step of the way. It has been truly one of the toughest years of our lives so far. Having Jeremy and his team's support during the whole process with court, etc. has been SO helpful. Also, what made it special is I didn't feel like I was JUST ANOTHER person, he really cares and really wanted the best for us — he knew what we were going through. THIS IS what you need on your side when you need a lawyer. Absolutely recommend him! — F.J.

I had a very positive experience while working with Jeremy Carroll, Peter Ainsworth, and Nora Carroll at Meehan, Boyle, Black and Bogdanow law firm. All three of them treated me with respect and dignity every time we spoke on the phone or had a zoom call and I was always kept abreast with emails. I never needed to speak to any insurance company; it was all taken care of. I was never rushed nor swayed, the decision was always mine to make and my opinion was continually asked. Every aspect was handled with professionalism. I highly recommend this law office to represent you for all of your personal injuries! — Sara W.

I can't thank Meehan, Boyle, Black, and Bogdanow law firm enough for everything they did for my family during a really tough time. After a horrific auto accident that left our daughter with permanent physical and emotional damages, MBBB was there for us every step of the way. Not only did they offer expert legal advice, but they also showed genuine care and understanding. They made sure we were always informed, patiently answering all our questions and guiding us through the process, which made such a challenging situation so much easier to handle.

If you’re looking for a law firm that combines professionalism with true compassion, I highly recommend MBBB. Our amazing team—led by the incredible Jennifer, with exceptional support from Catherine and the expertise of Leo—really went above and beyond. We’re so grateful for everything they did for us.