Because its site covers HIE and reports malpractice settlements, The Law Offices of Barry Feinstein & Affiliates, P.C. leads this list. Before calling, find out who would take your child's claim and ask whether the firm has handled birth injuries like it. Also ask what you'd pay in fees and case costs. For the filing rules, read our Massachusetts malpractice guide.
4.6173 Google reviewsRated 4.6 out of 5 on Google from 173 reviews
Best for: Families seeking published malpractice results
Among the malpractice settlements The Law Offices of Barry Feinstein & Affiliates, P.C. publishes are $2 million in November 2021 and $1.7 million in May 2023. Because it reports those results and covers HIE and birth injuries on its site, the firm earns this position. It doesn't label them HIE settlements.
Stood out in our review for the results it publishes and what its clients say.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.7615 Google reviewsRated 4.7 out of 5 on Google from 615 reviews
Best for: Delayed C-section brain injury claims
Morgan & Morgan's reported delayed C-section case is the clearest reason to consider the firm. It reports that a Hillsborough County jury awarded $37.8 million in 2007 after delayed delivery left Brendan Dixon with severe brain injury and lifelong disabilities. Attorneys Armando Lauritano and Keith Carter represented the Coleman family.
Stood out in our review for what its clients say and how much of its work is medical malpractice.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.91,009 Google reviewsRated 4.9 out of 5 on Google from 1009 reviews
Best for: Families prioritizing responsive communication
When reviewing Altman Nussbaum Shunnarah, clients repeatedly mention patient support and clear updates. Although reviews don't establish HIE outcomes, its 4.9 Google rating draws on 1,009 reviews, giving those comments about communication a substantial base. You can visit its Boston office.
Stood out in our review for what its clients say and how much of its work is medical malpractice.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
Not sure who to call first?
Tell us what happened. A malpractice lawyer who serves Boston can look at it with you, and it costs nothing.
4.9676 Google reviewsRated 4.9 out of 5 on Google from 676 reviews
Best for: Families exploring birth injury representation
At Law Offices of Brett Levy, PC, the attorney named is Brett Levy. Besides Erb's palsy, the firm's site discusses birth injury and HIE; you can find its office in Boston. If you're weighing the firm, the limited public record of malpractice outcomes is the main trade-off.
Stood out in our review for what its clients say and how much of its work is medical malpractice.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.8343 Google reviewsRated 4.8 out of 5 on Google from 343 reviews
Best for: HIE and catastrophic injury inquiries
Alongside medical malpractice and birth injury, TopDog Law lists catastrophic injury and traumatic brain injury as areas in which it practices. You'll also find HIE covered. Although families could ask for an initial assessment, they won't find published case results on the firm's site showing its HIE track record.
Stood out in our review for what its clients say and how much of its work is medical malpractice.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
When you speak with a lawyer, describe the delivery and your child's diagnosis. With the dates you know, the lawyer can assess how the 3-year filing rule and 7-year outer limit apply, including the separate provisions for young children.
Records and medical opinions
To check whether the care supports a claim, the lawyer then reads through the medical records. When discussing that review, ask which records are missing and how the lawyer gets medical opinions. Before that work starts, who pays?
Filing the claim
Before discussing the complaint (the document that starts the lawsuit), make sure the lawyer accepts the case and recommends proceeding. Have the lawyer explain which deadline applies to your claim. Even if your child is young, don't assume you can wait.
Tribunal review
Before proceeding, every Massachusetts malpractice case goes to a tribunal whose members are a judge, a physician and a lawyer. To support the claim, the plaintiff (the person bringing it) presents an offer of proof. You don't need an affidavit of merit.
Continuing toward resolution
If the tribunal finds for the defendant, the plaintiff needs to post a $6,000 bond to continue. Before settlement or trial, what steps would come next? When discussing the claim, have the lawyer explain what Massachusetts' general-damages cap could mean and whether its exceptions apply.
Malpractice claims in Boston: the rules that matter
The filing deadline in Massachusetts
The clock startsWhen you found out, or should have
Time to start a claim3 yearsMiss it and the claim is usually lost.
At the very most7 yearsafter the treatment, with a few exceptions
Limits on damages in Massachusetts
Pain and sufferingCapped at $500,000
All damages togetherNo overall cap
Expert paperworkNo affidavit, but every case goes to a medical malpractice tribunal (a judge, a physician and a lawyer) where the plaintiff makes an offer of proof.
A written agreementThe share the lawyer takes, set out before work starts.
If you recover moneyThe agreed share and the case costs come out of it.
If the claim failsNo legal fee on a contingency agreement. Ask about costs.
If the claim fails, the Four listed firms advertising contingency fees receive no legal fee; if there's a recovery, the lawyer takes a share. That doesn't cover case expenses. You'll also have case costs for records and medical opinions, along with court fees; those aren't part of what you pay the lawyer. Before proceeding, find out who advances those costs and who ultimately pays, even if the claim brings no recovery. You won't find those terms spelled out in the firms' advertised fee arrangements. Get the recovery share in writing before signing anything. When expenses are deducted, is that before or after the firm calculates its share? You'll need to ask the Feinstein firm about its unstated consultation and contingency terms.
According to Four of the five firms on this list, you can get a free consultation and hire them on contingency.
What to bring to your first call
The delivery records you have, along with any notes
Documents about the HIE diagnosis, along with your child's medical records
When the care happened and the dates you first learned it might have caused harm
Who treated your child, including clinicians and hospitals
Receipts for care-related expenses, along with medical bills
Letters you've received from the hospital or insurer
What happened, written as a brief timeline
Photos for the lawyer to look over
Questions to ask a lawyer
1What HIE or birth injury claims have you handled that resemble my child's?
2When we call, who answers, and who handles our file?
3Before assessing our claim, which medical records and opinions will you need?
4When must our child's claim be filed?
5Before the Massachusetts malpractice tribunal reviews the case, how will you prepare it?
6If there's a recovery, what share is your fee?
7If there's no recovery, who pays the case expenses?
8When should we expect updates from you?
Choose for the claim, not the rating
Before anything else, check what HIE and birth injury claims the lawyer has handled. Even glowing reviews might tell you nothing about delivery-room care. For example, much of the feedback Law Offices of Brett Levy, PC receives concerns its criminal defense work. If you're looking at the firm's overall rating, don't read it as HIE results; ask which claims the assigned lawyer has handled.
Look beyond a published result. While Morgan & Morgan reports a delayed C-section verdict in Hillsborough County, The Law Offices of Barry Feinstein & Affiliates, P.C. lists malpractice settlements without identifying them as HIE cases. When asking about those cases, check whether the care and injuries resembled your child's. What another claim might recover isn't something a past award predicts.
When you ask who reads the delivery chart, also ask how the firm gets medical opinions about the care.
Before proceeding, learn who handles your file. If calls go unanswered, who can you contact, and what update plan can you expect?
Before it decides whether to take the claim, what does the firm need? Have you been accepted as a client?
Where would you meet? While the Feinstein office is in Peabody, 22 km from Boston, other listings mention Boston-area offices but don't give a more precise location.
Read the fee agreement carefully
If the consultation is free, you can talk about the claim without paying for that conversation. That conversation alone doesn't mean the firm has agreed to represent you. According to Four listed firms, they offer free consultations and charge contingency fees. If the claim fails, a lawyer billing on contingency receives no legal fee; otherwise, the lawyer takes a share of the recovery. Expenses aren't legal fees. Before proceeding, ask who pays for records and medical opinions, including whether you could owe those expenses without any recovery.
If someone promises a particular payment or presses you to sign before answering your questions, be wary of that pressure. Have unclear fee terms put in writing. Before a Massachusetts malpractice case proceeds, it goes to a tribunal where the patient must present supporting proof. To continue after the tribunal finds for the defendant, you must post a $6,000 bond. When discussing that review, ask how the lawyer would prepare and what they'd do about the bond if needed.
Questions people ask
Which firm leads this Boston HIE lawyer list?
Because its site covers HIE and publishes malpractice settlements, The Law Offices of Barry Feinstein & Affiliates, P.C. takes the lead on this list. You'll find its office in Peabody, 22 km from Boston. It doesn't identify those settlements as HIE cases. To decide whether the firm fits your family's needs, ask which comparable birth injury claims it has handled.
What is the filing deadline for an HIE malpractice claim in Massachusetts?
Once the claim accrues, Massachusetts generally allows 3 years to file; that means when you knew or reasonably should have known the care had caused harm. From the act or omission, a 7-year outer limit runs as well. For children, check the rules separately. Don't count from the diagnosis date alone; a Massachusetts lawyer can help you identify which dates apply to your claim.
Does my child have until adulthood to bring a claim?
That's not a safe assumption. Once a minor's claim accrues, there's generally 3 years to sue. Although a child under 6 has until the ninth birthday, the 7-year outer limit applies unless the claim involves foreign objects. When speaking with a Massachusetts lawyer, ask how these overlapping rules account for the delivery date and when you learned of the harm.
Can we speak with a lawyer without paying for the first consultation?
Along with Law Offices of Brett Levy, PC and TopDog Law, Morgan & Morgan and Altman Nussbaum Shunnarah say their consultations are free. You'll need to ask The Law Offices of Barry Feinstein & Affiliates, P.C. about its unstated consultation terms. Before booking, check those terms. Because a free conversation isn't an agreement to take your case, ask whether the firm has actually accepted you as a client.
Will we owe money if the claim fails?
If the claim fails, there's no legal fee for the four firms that advertise contingency fees. That might not cover expenses. You won't learn who pays those costs from their advertised arrangements. Before you sign, find out who pays for records and medical opinions, along with court fees. If a $6,000 tribunal bond becomes necessary, ask how the firm would handle that, too.
What proof does a Massachusetts malpractice case need at the tribunal?
You don't need an affidavit of merit in Massachusetts. Before proceeding, though, every malpractice case goes to a tribunal whose members are a judge, a physician and a lawyer; the plaintiff presents an offer of proof there. To understand that presentation, ask which medical records and opinions the lawyer would use to support it. To continue after the tribunal finds for the defendant, you must post a $6,000 bond.
Is there a limit on damages in Massachusetts?
Although Massachusetts caps general damages at $500,000, serious injuries can fall within broad exceptions. That cap doesn't cover wrongful death. What your child's claim could recover isn't something that figure predicts. When speaking with a Massachusetts lawyer, ask which damages you're seeking and whether your child's injuries could meet an exception to the cap.
How long will an HIE claim take?
You won't find case-length estimates from these firms. Before filing, what needs to happen, and how will tribunal review change the steps afterward? Ask the lawyer. Although published settlements and verdicts tell you about completed cases, they can't show how quickly your own claim would move. When setting an update plan, get a contact you can reach if the case's progress becomes unclear.
What should I do before contacting a Boston-area HIE lawyer?
When you collect the delivery records you have, also write a short timeline showing when you learned the care might have caused harm. Put the hospital letters alongside your medical bills. When you first call, find out which missing records the firm needs. Before you've gathered every document, have a Massachusetts lawyer assess the deadline rather than waiting until you have everything.
What if my child died after the care?
To find out whether a wrongful death claim is possible and which filing rules apply, speak with a Massachusetts lawyer. For wrongful death, Massachusetts' general-damages cap doesn't apply. Along with TopDog Law, Morgan & Morgan and Altman Nussbaum Shunnarah list wrongful death among their practice areas or discuss it on their sites. Rather than legal advice about your family's claim, this page gives you general information.
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