Legal Question in Medical Malpractice in Massachusetts

Re: mother's misdiagnoses

First, I'm sorry that you, your family and, especially, your mother went through the horrible process you describe.

While much more needs to be discussed, investigated and considered to properly answer your question, it does appear, from your detailed and well-written description, that there may be a malpractice case here. Let me first caution that medical malpractice cases are notoriously difficult to win. Many of them end up on trial (as opposed to settling), especially where questions of "causation" are unclear -- which is often the case in malpractice actions. In other words, because medicine is an uncertain science, often there are other, reasonable explanations for things that appear to be medical mistakes. For example, there may be perfectly reasonable medical reasons why a particular diagnosis was missed for so long (or NOT). Or there may be other reasonable causes besides medical mistake for the sudden, untreated death of your mother. The insurance companies defending the medical professionals examine malpractice claims carefully and always exploit these inherently uncertain areas of doubt. If the insurers determine the area of doubt is significant, they are sure to put those questions to a jury at trial, taking their chances of winning a verdict in their favor (and if they lose, they lose; unfortunately, they can afford this tactic). Also, Massachusetts juries are tough in plaintiff's malpractice cases. So the close cases at trial are risky for plaintiffs.

However, where clear medical mistakes were made (or conversely, the area of doubt is weak or improbable), insurers will often settle prior to trial rather than spend lots of money preparing and trying a case they know they are unlikely to win (the experts necessary are very expensive). Based on your description, it certainly appears possible that your case might fall into this latter category and that a settlement could be possible.

The point is, your unfortunate situation certainly deserves further exploration. I would be happy to consult with you about it without any obligation to you, or to answer questions you may have relating to your decision whether to pursue what often becomes a long, frustrating and painful process. After some investigation, only you and your family will know whether further pursing a claim makes sense and feels right. But the investigation is necessary first.

I would be happy to explore that with you. Feel free to give me a call or reply to me with a direct email if interested. I wish you well.