As you may or may not know, most Massachusetts medical malpractice plaintiffs lose in court. In fact, roughly 90% of Massachusetts medical malpractice cases that go to trial are won by the defense. The truth is that Massachusetts jurors are hesitant to find against a doctor. The bottom line is that it is extremely difficult to successfully sue a doctor in a Massachusetts court.
It is essential that your Massachusetts medical malpractice attorney find and retain a qualified and experienced expert witness. The expert witness will be a doctor who is willing to testify against the defendant-doctor. For obvious reasons, many doctors refuse to testify against a fellow doctor. But, there are doctors who are willing to serve as expert witnesses.
Massachusetts expert witnesses are very expensive. It is your attorney, pursuant to the contingency fee agreement that you signed, who will pay for and advance the costs associated with the expert testimony. Without an expert witness who is willing to testify that the defendant-doctor somehow – and these are the buzz words – breached "the standard of care," then you have no case against the doctor(s) whom you are suing.