Call us for a free consultation
Call us for a free consultation
Medical malpractice occurs when a doctor, hospital, nurse, or other healthcare provider fails to meet the accepted standard of care and causes injury to a patient. These cases can arise from surgical errors, misdiagnosis, delayed diagnosis, birth injuries, medication mistakes, anesthesia errors, and other forms of preventable medical negligence. Patients harmed by substandard medical care may be entitled to compensation for medical expenses, lost income, pain and suffering, and other losses.
At Colucci, Colucci & Marcus, P.C., Boston medical malpractice attorneys Dino M. Colucci, Darin Colucci, and Matthew Marcus bring decades of combined trial experience to medical malpractice cases in Massachusetts state and federal courts. Our team represents patients and families harmed by preventable medical errors and works closely with qualified medical experts to investigate claims, establish liability, and pursue full compensation.
This page covers the legal elements of a medical malpractice claim, common types of malpractice, the Massachusetts tribunal process, filing deadlines, and the damages you may be entitled to recover.
If you believe a healthcare provider’s negligence caused you or a loved one harm, call Colucci, Colucci & Marcus, P.C. at (617) 698-6000 to schedule a free consultation.
Every Injury Case Deserves Personal Attention
Confidential Consultation with Experienced Trial Attorney
Recent Case results
Serving Clients Throughout
Massachusetts,
New England, and
Across the United States
When the stakes are high, put a proven personal injury law firm on your side.
Very happy with the care, attention and service I received from everyone at Colucci Colucci & Marcus at Law. From day one, everyone was kind, professional and outstanding advocates for me during a very stressful time in my life. I am very happy with the settlement I received. Stephanie & Junyan were kind…
Darin is a great lawyer, works with his clients, and goes all out for everything they can get. Above that, he has the best assistant, Allison, she is always there to help when Darin is doing his outside work. I will recommend this agency to get you everything you deserve…
Professional, Honest, and Responsive
I cannot recommend Attorney Matt Marcus enough for anyone seeking estate planning services. What truly set him apart was his professional integrity, right from the very start…
Every Injury Case Deserves Personal Attention
Confidential Consultation with Experienced Trial Attorney
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, and that failure causes injury to a patient. In Massachusetts, medical malpractice claims are subject to several statutory and common-law rules, including G.L. c. 231, § 60B, which requires a medical malpractice tribunal before the case proceeds through ordinary litigation.
Every medical malpractice case in Massachusetts requires proof of four legal elements. First, the healthcare provider owed you a duty of care, established by the existence of a provider-patient relationship. Second, the provider breached the applicable standard of care by acting, or failing to act, in a way that a reasonably competent provider in the same specialty would not have. Third, the breach must have been a direct and proximate cause of your injury. Finally, you must have suffered actual, compensable damages such as additional medical bills, lost income, pain and suffering, or permanent disability. All four elements must be established to maintain a viable claim.
Massachusetts no longer applies a strict locality rule. In Brune v. Belinkoff, 354 Mass. 102 (1968), the Supreme Judicial Court held that physicians are measured against the standard of the average qualified practitioner in the same field or specialty, taking into account the circumstances of the care provided.
If you believe a healthcare provider’s actions may have fallen below the accepted standard of care, speaking with an experienced medical malpractice attorney can help you understand whether the facts of your case satisfy the legal requirements for a claim. Call Colucci, Colucci & Marcus, P.C. at (617) 698-6000 for a free consultation to discuss your situation and learn about your legal options.
I cannot express enough gratitude for the outstanding representation and compassion I received from Colucci, Colucci & Marcus, especially Darin Colucci. From the very first conversation, Darin made me feel like more than just a client—he treated me like family. Navigating the aftermath of my accident was one of the most challenging times of my life…
Medical malpractice takes many forms, and the specific facts of each case determine how the claim is built and which parties may be held liable. Boston is home to leading hospitals, including Massachusetts General Hospital, Brigham and Women’s Hospital, Beth Israel Deaconess Medical Center, and Tufts Medical Center. Even at top-tier facilities, errors may occur, and patients have the right to hold negligent providers accountable.
Surgical malpractice includes wrong-site surgery, retained surgical instruments, nerve damage caused by improper technique, and anesthesia errors such as overdose or failure to monitor vital signs. These cases often involve multiple defendants, including the surgeon, anesthesiologist, and the hospital.
Diagnostic errors are among the most common forms of medical malpractice. A missed or delayed cancer diagnosis, failure to identify a stroke or heart attack, and misinterpretation of lab results or imaging studies can lead to disease progression, unnecessary treatments, and preventable death. The patient must show that a competent physician in the same specialty would have made the correct diagnosis under the same circumstances.
Birth injury claims arise when negligence during labor and delivery causes harm to the infant or mother. Common injuries include cerebral palsy, Erb’s palsy, brachial plexus injuries, and hypoxic-ischemic encephalopathy (HIE) caused by oxygen deprivation. These cases may involve failure to perform a timely cesarean section, improper use of forceps or vacuum extractors, or failure to monitor fetal distress.
Medication errors include prescribing the wrong drug, administering an incorrect dosage, failing to account for drug interactions or patient allergies, and pharmacy dispensing mistakes. Liability may extend to the prescribing physician, the pharmacy, or both, depending on where the error occurred.
Hospitals can be held vicariously liable for the negligence of their employees under the respondeat superior doctrine. Claims in this category include emergency department failures, premature discharge, failure to follow up on abnormal test results, hospital-acquired infections, and nursing negligence. When a hospital fails to maintain adequate staffing or properly credential its medical staff, the institution may bear direct liability.
When a hospital fails to maintain adequate staffing or properly credential its medical staff, the institution may bear direct liability. However, because many major Boston hospitals operate as non-profit entities, their direct tort liability is often strictly limited to a $20,000 cap under Massachusetts charitable immunity laws.
Key Takeaway: Medical malpractice claims in Boston can involve surgical errors, diagnostic failures, birth injuries, medication mistakes, and hospital negligence. Identifying all responsible parties, especially individual providers who are not shielded by the state’s low charitable liability cap, is critical to maximizing your financial recovery.
If you or a loved one suffered harm after a surgical error, misdiagnosis, birth injury, medication mistake, or another preventable medical error, call Colucci, Colucci & Marcus, P.C. at (617) 698-6000 for a free consultation.
Massachusetts requires malpractice plaintiffs to present their case to a special screening tribunal before proceeding to a full trial. This tribunal process, established by G.L. c. 231, § 60B, is a critical procedural hurdle that every malpractice plaintiff in the Commonwealth must understand.
The tribunal is a three-member panel consisting of a Superior Court judge, a physician or other appropriate health care representative, and an attorney. The medical member is selected from the field of medicine in which the alleged injury occurred, and a non-physician defendant may require a representative from that field.
The plaintiff must present an “offer of proof,” which includes medical records, an expert opinion, and a summary of the claim. The tribunal then determines whether the evidence raises a legitimate question of liability appropriate for judicial inquiry. If the tribunal finds the evidence meets this threshold, the case proceeds to Superior Court for discovery, depositions, and trial.
A negative tribunal finding does not end the case. The plaintiff may still proceed by posting a $6,000 bond. The court may increase the bond, and if the plaintiff is indigent, may reduce it, but the court may not eliminate the bond requirement. The bond is intended to cover the defendant’s costs if the case is ultimately unsuccessful. If the plaintiff prevails at trial, the bond is returned. Preparing a thorough offer of proof can strengthen a plaintiff’s presentation at the tribunal stage.
The tribunal stage can shape the direction of a Massachusetts medical malpractice case, making a well-prepared offer of proof essential. To discuss your potential claim and the evidence needed to move forward, call Colucci, Colucci & Marcus, P.C. at (617) 698-6000 for a free consultation.
Your Recovery Starts With One Call
Talk Directly with a Seasoned Attorney About Your Case
Exceptional firm! They are excellent in all the areas of law that they practice. They did an amazing job assisting my parents with their affairs in their elder years and are incredible personal injury attorneys. Our family has been using them for almost 20 years now and it’s proven to have been the best decision we ever made…
Your Family's Future Depends on the Right Attorney
30 Years of Proven Results in Boston’s Most Serious Injury Cases
Filing deadlines are strictly enforced in Massachusetts medical malpractice cases. Under G.L. c. 260, § 4, the general statute of limitations is three years from the date the cause of action accrues. Missing this deadline will almost certainly bar your claim, making early consultation with an attorney essential.
Massachusetts applies a “discovery rule,” meaning the clock may start on the date the patient knew or reasonably should have known that the injury was caused by medical negligence. However, G.L. c. 260, § 4 imposes a seven-year statute of repose from the date of the act or omission, except where the claim is based on a foreign object left in the body.
Additional tolling provisions apply in specific circumstances, including the following:
| Scenario | Filing Deadline | Governing Statute |
|---|---|---|
| Standard adult claim | 3 years from injury or discovery | G.L. c. 260, § 4 |
| Absolute outer limit | 7 years from the act or omission | G.L. c. 260, § 4 |
| Minor patient | Generally 3 years from accrual; if under age 6, until the child’s 9th birthday, subject to the 7-year repose period and foreign-object exception | G.L. c. 231, § 60D |
| Fraudulent concealment | Tolled until discovery of concealment | G.L. c. 260, § 4 |
Key Takeaway: You generally have three years to file a medical malpractice claim in Massachusetts, but the discovery rule and tolling provisions can affect when the clock starts. An absolute seven-year outer limit applies in most cases.
Determining the correct filing deadline in a medical malpractice case can be more complicated than simply counting three years from the date of treatment. If you are concerned about how the statute of limitations, discovery rule, or another exception may apply to your situation, call Colucci, Colucci & Marcus, P.C. at (617) 698-6000 for a free consultation.
Patients who prove medical malpractice in Massachusetts are entitled to recover compensatory damages for the full extent of their injuries.
Economic damages cover measurable financial losses, including past and future medical expenses, lost wages, reduced earning capacity, and the cost of ongoing rehabilitation or home care.
Non-economic damages compensate for losses that are harder to quantify, such as physical pain, emotional suffering, loss of enjoyment of life, and disfigurement. Economic damages are not subject to the § 60H cap, but non-economic/general damages are generally limited to $500,000 unless a statutory exception applies.
When medical negligence results in a patient’s death, the executor or administrator of the estate may bring a wrongful death claim under G.L. c. 229, § 2. Recoverable damages include funeral and burial expenses, lost financial support, and loss of companionship. Punitive damages may also be available if the death was caused by malicious, willful, wanton, or reckless conduct, or by gross negligence.
Key Takeaway: Massachusetts allows recovery of economic and non-economic damages in medical malpractice cases, but non-economic/general damages are generally capped at $500,000 unless a statutory exception applies. Wrongful death claims are governed separately under G.L. c. 229, § 2.
To discuss the damages that may be available in your case, including medical expenses, lost income, pain and suffering, or wrongful death losses, call Colucci, Colucci & Marcus, P.C. at (617) 698-6000 for a free consultation.
Dino M. Colucci is the founding partner of Colucci, Colucci & Marcus, P.C. and serves as the firm’s lead trial counsel. Since 1988, he has represented clients in complex personal injury and medical malpractice litigation, earning recognition as a Massachusetts Super Lawyer every year since 2012 and an AV Preeminent® Rating from Martindale-Hubbell.
Over the course of his career, Dino has handled high-stakes cases involving catastrophic injuries, wrongful death, and professional negligence, securing substantial verdicts and settlements for injured clients and their families. His decades of courtroom experience and leadership in the legal profession have made him a respected advocate for victims of medical negligence throughout Massachusetts.
Darin Colucci is the managing partner of Colucci, Colucci & Marcus, P.C. and concentrates his practice on personal injury, medical malpractice, and complex civil litigation. He has been selected as a Massachusetts Super Lawyer and has been recognized among The National Trial Lawyers Top 100 for his accomplishments in trial advocacy.
Throughout his career, Darin has helped secure significant settlements and verdicts in cases involving serious injuries, wrongful death, and complex liability issues. His strategic approach to litigation and commitment to client advocacy help patients and families pursue accountability when preventable medical errors cause harm.
Matthew J. Marcus is a partner at Colucci, Colucci & Marcus, P.C. whose practice focuses on estate planning, elder law, and disability planning. He holds an LL.M. in Taxation from Boston University School of Law and has been selected as a Massachusetts Super Lawyer annually since 2006.
Matthew is widely recognized for his leadership in elder law, having served as a former board member of the Massachusetts chapter of the National Academy of Elder Law Attorneys and co-chair of the Boston Bar Association’s Elder Law Committee. His extensive experience assisting seniors, individuals with disabilities, and their families provides valuable insight into the long-term consequences that serious injuries and medical negligence can have on a person’s life and future planning.
Filing a medical malpractice claim in Boston involves a structured legal process that can take months or years to resolve. Understanding the key stages helps set realistic expectations and allows you to participate meaningfully from the beginning.
The first step is a thorough investigation. An attorney will obtain and review all relevant medical records, imaging studies, lab results, and provider notes. Then, a qualified medical expert is retained to review the records, identify departures from the standard of care, and establish the causal link between the provider’s negligence and your injuries.
Once the investigation supports a viable claim, your attorney will generally serve the required written notice under G.L. c. 231, § 60L before filing suit, unless an exception applies. The statute generally requires 182 days’ written notice, with the period shortened to 90 days in certain circumstances.
After clearing the tribunal, the case enters discovery, during which both sides exchange documents, take depositions, and disclose their evidence. Many malpractice cases settle during or after discovery; if a fair settlement cannot be reached, the case proceeds to a jury trial in Suffolk County Superior Court or the appropriate county court.
Colucci, Colucci & Marcus, P.C. represents medical malpractice victims from our office in Milton, Massachusetts, located at 424 Adams St #101. We serve clients throughout Boston, Quincy, Braintree, Dedham, Canton, Stoughton, Randolph, Weymouth, Norwood, and surrounding communities in Norfolk County and Suffolk County. Whether your claim involves a provider at a major Boston hospital or a community health center on the South Shore, our team is prepared to investigate your case and pursue full compensation.
Take the First Step Toward Recovery
Your Injury. Your Story. Your Justice
I had a wonderful experience with Dino and his entire team from CCM when I was involved in an accident while cycling at fault of a motor vehicle driver resulting in multiple injuries. Dino was compassionate and actionable when we first got in touch, and throughout the entire settlement process always made himself available for any questions I had…
An uninsured motorist struck me from behind at the end of my driveway while I was shoveling. And was seriously injured. My case was handled with the highest expertise, support and with excellent customer service. I did not expect to have it settled so quickly and was pleasantly surprised with the results. I highly recommend this group…
Medical malpractice cases often involve complex medical evidence, expert testimony, and procedural requirements that can affect the outcome of a claim.
Boston medical malpractice lawyer Dino M. Colucci and the attorneys at Colucci, Colucci & Marcus, P.C. have spent decades representing patients harmed by medical negligence in Massachusetts courts, including Suffolk County Superior Court and Norfolk County Superior Court. We handle all aspects of your case, from records investigation and expert retention through the § 60B tribunal process and trial.
Call Colucci, Colucci & Marcus, P.C. at (617) 698-6000 today to schedule a free consultation. We serve clients in Boston, Quincy, Braintree, Dedham, and communities throughout Norfolk and Suffolk Counties.
Under G.L. c. 260, § 4, you generally have three years from the date the injury occurred or was discovered. Massachusetts also imposes a seven-year absolute outer limit from the date of the act or omission. Exceptions exist for minors and cases involving fraudulent concealment. Consulting an attorney promptly is the safest way to protect your right to file.
Yes. G.L. c. 231, § 60B requires plaintiffs to present an offer of proof supported by expert medical opinion at the tribunal stage. Expert testimony is also necessary at trial to establish the standard of care, the defendant’s breach, and causation. Without a qualified expert, it is not possible to maintain a viable malpractice claim in Massachusetts.
The tribunal is a three-member screening panel consisting of a judge, a physician, and an attorney that reviews evidence before a malpractice case can proceed to trial. If the tribunal finds sufficient evidence of liability, the case advances to the Superior Court. If not, the plaintiff may still proceed by posting a $6,000 bond.
Yes. Hospitals can be held vicariously liable for the negligence of their employees under the respondeat superior doctrine and may also face direct liability for negligent credentialing or understaffing. An experienced attorney will identify all responsible parties.
A wrongful death claim may be brought under G.L. c. 229, § 2 by the executor or administrator of the estate. Recoverable damages include lost financial support, funeral expenses, and loss of companionship. Punitive damages may be available in cases involving gross negligence. An attorney can help the appropriate family members or estate representatives determine whether they have standing to bring a claim.
Value depends on the severity of the injury, total economic losses such as medical bills and lost wages, and the degree of non-economic harm, including pain, suffering, and disability. Massachusetts does not generally cap economic damages in malpractice cases, but non-economic/general damages are generally capped at $500,000 unless a statutory exception applies.
Very happy with the care, attention and service I received from everyone at Colucci Colucci & Marcus at Law. From day one, everyone was kind, professional and outstanding advocates for me during a very stressful time in my life. I am very happy with the settlement I received. Stephanie & Junyan were kind…
Professional, Honest, and Responsive
I cannot recommend Attorney Matt Marcus enough for anyone seeking estate planning services. What truly set him apart was his professional integrity, right from the very start…
Darin is a great lawyer, works with his clients, and goes all out for everything they can get. Above that, he has the best assistant, Allison, she is always there to help when Darin is doing his outside work. I will recommend this agency to get you everything you deserve…