Medical malpractice is a serious concern in Massachusetts, as it is in any state. If  you suspect that you or a loved one may have been a victim of medical malpractice, it’s crucial to take action. 

Recognizing the signs, gathering evidence, consulting with medical malpractice lawyers in Massachusetts, and notifying the healthcare provider are all integral parts of this process.

Recognize the Signs of Medical Malpractice

Medical malpractice can take many forms, but recognizing the signs and red flags is the first step toward addressing the issue:

  • If you or your loved one experiences unexpected and severe symptoms or complications after a medical procedure, it could be a sign of malpractice.
  • An incorrect or delayed diagnosis can have serious consequences. If you believe that a healthcare provider’s failure to diagnose or a misdiagnosis has harmed you, it might be medical malpractice.
  • Surgical mistakes, such as wrong-site surgery or foreign objects left in the body, are clear indications of malpractice.
  • Administration of the wrong medication, incorrect dosage, or improper drug interactions can all be forms of malpractice.
  • Inadequate Informed Consent: If a healthcare provider fails to inform you fully about the risks and benefits of a procedure, and you suffer harm as a result, it could be malpractice.

It’s essential to trust your instincts. If something doesn’t feel right, it’s worth investigating further.

Gather and Organize Medical Records

  1. Contact the healthcare provider or facility to obtain copies of your medical records. You have a legal right to access this information.
  2. Keep a detailed record of your experiences, including symptoms, conversations with healthcare providers, and any changes in your condition.
  3. If there is any physical evidence, such as medical equipment or prescription containers, that could support your case, keep them safe.
  4. Thoroughly organizing your medical records and documentation will be invaluable if you decide to pursue a legal claim.

Notify the Healthcare Provider

If you suspect medical malpractice, addressing the issue with the healthcare provider is the next step:

  • Arrange a suitable time to discuss your concerns with your healthcare provider. This should ideally be in person.
  • When speaking with the healthcare provider, remain calm, respectful, and clear about your concerns. Explain the issues you’ve identified and the harm you believe resulted from their actions.

Preserve Evidence

Preserving evidence is a crucial step if you suspect medical malpractice in Massachusetts.

  • If any physical evidence is related to your case, ensure it’s carefully preserved. This might include medical equipment, surgical instruments, or any objects that were mistakenly left in your body during surgery. Keep these items in a safe and secure place to maintain their integrity.
  • Electronic records can be invaluable evidence. This includes medical charts, emails, text messages, or any electronic communication with healthcare providers that can support your case. 
  • Your medical records, which you should have already gathered and organized, are vital pieces of evidence. Ensure that you have all relevant documents, such as medical reports, test results, and treatment plans. 
  • If you have visible injuries or complications, photographs and videos can be powerful evidence. 

File a Complaint with the Massachusetts Board of Registration in Medicine

Filing a complaint is essential, as the Massachusetts Board of Registration in Medicine oversees the state’s licensing and regulation of healthcare providers. Here’s how the process typically works:

  1. To initiate the process, you will need to submit a written complaint to the Board. You can typically do this online or by mail. Ensure your complaint is detailed and includes all relevant information, such as the names of the healthcare providers involved, dates, and a clear description of the alleged malpractice.
  2. After receiving your complaint, the Board will conduct an investigation. This may involve collecting additional information, interviewing witnesses, and reviewing medical records.
  3. The Board will determine the outcome of the investigation, which can result in various actions, including disciplinary measures against the healthcare provider, probation, or, in extreme cases, license revocation.

Filing a complaint with the Board is an important step in holding healthcare providers accountable and protecting others from potential malpractice.

Hiring Swartz & Swartz, P.C. for Your Medical Malpractice Lawsuit

If you’ve made the difficult decision to pursue a lawsuit, choosing the right medical malpractice lawyers in Massachusetts is of utmost importance. Your attorney will be your advocate, guiding you through the complex legal process and protecting your rights. 

Here’s why hiring Swartz & Swartz, P.C. can be the key to your successful pursuit of justice and compensation:

Expertise in Medical Malpractice: 

Swartz & Swartz, P.C. has a long-standing reputation for excellence in the field of medical malpractice. With a team of experienced and dedicated attorneys specializing in this area of law, you can be confident that your case will be handled by professionals who understand the intricacies of medical malpractice in Massachusetts.

Personalized Consultation: 

The first step in pursuing your lawsuit is to consult with your attorney. At Swartz & Swartz, P.C., you’ll receive a personalized consultation where your attorney will carefully evaluate the specifics of your case. They will take the time to understand the details of your situation, explain the legal process, and help you gauge the strength of your case.

Skillful Lawsuit Filing: 

Once it’s determined that you have a strong case, your attorney will initiate the legal proceedings by filing a lawsuit on your behalf. This step is crucial, as the lawsuit will outline the particulars of your case, including the responsible healthcare providers or institutions and the compensation you seek.

Comprehensive Discovery: 

The discovery process in a medical malpractice case is pivotal. It involves the exchange of information and evidence between both parties. Swartz & Swartz, P.C. has a history of thorough and effective discovery work, which can include depositions, document requests, and expert opinions. This is where your attorney’s expertise shines, as they work diligently to build a solid case on your behalf.

Skilled Negotiation: 

In many medical malpractice cases, the parties involved may engage in negotiation or settlement discussions to reach a resolution outside of a trial. Your attorney will be your advocate during these negotiations, representing your interests and striving to secure the best possible outcome for you. Swartz & Swartz, P.C. has a proven track record of successful negotiations that result in favorable settlements for their clients.

Trial Expertise: 

In the event that a settlement cannot be reached and your case proceeds to trial, Swartz & Swartz, P.C. is well-equipped to represent you in court. Their attorneys have extensive experience in litigation, which includes presenting compelling arguments, introducing evidence, and working with judges and juries to make a determination.

Varied Potential Outcomes: 

The outcome of a medical malpractice trial can vary, but with Swartz & Swartz, P.C. by your side, you have a legal team that will tirelessly fight for your rights. If the court rules in your favor, you may receive compensation for your injuries and losses, helping you on the path to recovery. 


If you suspect that you have been the victim of medical malpractice, taking these steps is essential for seeking justice, accountability, and compensation.

Remember, seeking professional guidance and legal support from an experienced medical malpractice lawyer in Massachusetts is crucial for navigating this complex journey. 

Need Help?

If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.

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About the Author: James Swartz
Mr. Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

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