Notice of Intent Letter (M.G.L. c. 231 Section 60L): In Massachusetts, before a plaintiff proceeds with a lawsuit against a healthcare provider, they are required—in most circumstances—to first send the provider a claim letter. The letter should contain specific information, including how the plaintiff alleges you violated the applicable standard of care and how that violation caused injury. What happens with the letter? We investigate the claim and evaluate whether an offer of settlement should be made or whether the claim should be denied. If the claim is denied, the plaintiff has the option to file a lawsuit. Many claims that are denied do not develop into lawsuits, however some do.

If a lawsuit is filed: You may learn of a lawsuit by receiving a copy of it in the mail from plaintiff’s counsel—from a process server delivered in hand, or by your risk manager or CRICO-appointed defense attorney.

You may have heard about what is called the Medical Malpractice tribunal. Shortly after the lawsuit is filed, the plaintiff is required to file an offer of proof document that contains a letter from an expert witness (another medical provider) who supports the plaintiff’s allegations. An expert letter must include both how the expert believes that the defendant deviated from the standard of care and how that deviation caused damage to the plaintiff. The requirement for an expert letter is fairly minimal at this stage, and the tribunal simply asks the question, “Does this allegation raise a sufficient question for further judicial scrutiny?,” which is a very low bar for the plaintiff to proceed. While we view it as an important screening mechanism, it is important to know that it is not a true evaluation of the merits of the case and the practice has evolved in such a way that a tribunal is not requested in many cases.

At the start of a lawsuit, the discovery of the facts of the case begins. The lawyers will obtain all records relevant to the care at issue. They will exchange written discovery, and conduct depositions of the plaintiffs and the defendants, as well as any non-party witnesses that may have information related to the events.

Written discovery refers to written questions—also called interrogatories—that are sent to each party of a lawsuit. Plaintiff’s counsel will send interrogatories for you to answer. These questions will likely ask for information about your professional qualifications, communications you had with the plaintiff or plaintiff’s family members, and any communications you had with other providers about the plaintiff. Your attorney will assist you in responding to these questions. 

Both you and the plaintiff will be deposed. A deposition is the plaintiff attorney’s chance to ask you questions under oath and have your answers recorded in a transcript that can be used at trial. Your attorney will meet with you to help you prepare for your deposition and to answer any questions you have.