Why Expert Witnesses Are Crucial in Massachusetts Medical Malpractice Cases

By A Good Law Firm on October 9, 2025

If you or a loved one has suffered harm due to inadequate medical treatment, you may be considering a medical malpractice lawsuit. Under Massachusetts malpractice law, expert witnesses are legally required. Without an expert’s analysis and affidavit, your case won’t make it past the first stage of the litigation process.

Al Goodman is a medical malpractice attorney in Springfield, Massachusetts. In this guide, our legal team at Better Call Al explains how expert witnesses are used to support your claim, and how a skilled medical malpractice attorney calls upon these professionals when seeking compensation for the injuries you have suffered.

The Legal Requirement in Massachusetts

Massachusetts law demands that every medical malpractice case pass a specific test before it proceeds. This test is governed by Chapter 231, Section 60B of the Massachusetts General Laws, and it requires plaintiffs to  submit their case to the state’s medical malpractice tribunal.

Here’s how it works: Once a lawsuit is filed, it must first go before a three-member tribunal. This panel consists of a judge, an attorney, and a medical professional. The tribunal reviews a medical expert affidavit, which is a written statement from a qualified medical expert asserting that the defendant failed to meet the standard of care in Massachusetts and that this failure likely caused the patient’s injury.

If the tribunal finds the affidavit and evidence lacking, it will dismiss the case unless the plaintiff is willing to post a $6,000 bond.

Why Expert Testimony Matters in Malpractice Claims

In any medical malpractice claim, the central issue revolves around one question: Did the healthcare provider fail to act as a reasonably competent medical professional would have under similar circumstances? That’s where expert testimony comes into play.

Judges and juries are not medical professionals. They rely on qualified experts to help them understand what the standard of care was, how it was breached, and how that breach caused harm.

A strong expert can make or break a case by:

• Clarifying complex medical terminology and procedures
• Establishing what a competent provider should have done
• Explaining how the defendant’s conduct deviated from accepted standards
• Demonstrating that the deviation led directly to the plaintiff’s injury

What Is the Standard of Care?

The standard of care refers to what a typical, reasonably skilled healthcare provider would do in similar circumstances. This standard is based on several factors, including:

• The provider’s specialty (e.g., surgeon, radiologist, nurse)
• The patient’s condition
• The setting (emergency room vs. routine office visit)
• Available resources

For example, the standard of care for diagnosing appendicitis in an emergency room might differ from the standard of care for diagnosing a rare disease in a hospital setting. Your attorney will work with experts who understand these distinctions and can explain them to a jury.

Types of Expert Witnesses Used in Massachusetts Medical Malpractice Cases

To pursue a claim, your attorney must retain a qualified medical expert who practices in the same field as the healthcare professional being sued. For example, if a lawsuit is brought against a radiologist for failing to detect an embolism, the expert witness must also be a radiologist. If the case involves a nurse, the expert must be a nurse or a physician who has direct knowledge of the standard of care for nurses in similar clinical settings.

Your legal team may work with several different types of expert witnesses. This requirement ensures that the court receives testimony from someone with relevant, firsthand experience and understanding of the professional duties and standards involved in your case.

Surgeons and Surgical Specialists

Used in cases involving botched procedures, foreign objects left in the body, post-operative complications, and surgical missteps.

Primary Care Physicians

These experts can speak to missed diagnoses, delayed referrals, or failure to follow up on test results.

Radiologists

Radiologists may be called upon in cases involving failure to diagnose cancer or other conditions based on X-rays, MRIs, or CT scans.

 Nurses and Nurse Practitioners

Nursed and nurse practitioners can testify about nursing protocols, medication administration, and hospital workflow standards.

Emergency Medicine Experts

People with special knowledge about emergency medicine may testify in cases involving time-sensitive situations like stroke or sepsis where minutes can mean the difference between life and death.

Obstetricians and Neonatologists

Obstetricians and neonatologists can provide essential information for birth injury cases, delayed cesarean decisions, or failure to monitor fetal distress.

Hospital Administrators or Policy Experts

Administrators and policy experts can provide invaluable information when system-level failures like understaffing or equipment issues are at the root of the claim.

How a Malpractice Attorney Sources Medical Experts

Our legal team maintains relationships with top-tier experts throughout Massachusetts and beyond. Al Goodman carefully vets expert witnesses for:

• Board certification and current licensure
• Experience in the relevant specialty
• Previous testimony in malpractice cases
• Clear and persuasive communication skills
• Independence and credibility

A Delayed Diagnosis Medical Malpractice Scenario

Imagine a patient goes to a Springfield hospital complaining of abdominal pain. An emergency room doctor diagnoses indigestion and sends them home. Days later, the patient returns in septic shock because their appendicitis has ruptured, leading to a near-fatal infection.

In a case like this, an experienced expert witness would review the chart and determine:

• Whether the symptoms and vital signs should have prompted imaging or lab tests
• Whether the physician’s actions aligned with standard ER protocol
• Whether a competent ER doctor would have made a different diagnosis
• How the delay directly contributed to the patient’s injury

Their testimony would anchor the case, providing the tribunal and jury with the technical insight needed to assess fault and determine damages.

Reasons to Choose Our Firm

Al Goodman has won millions for our clients, including landmark verdicts in Massachusetts.   We are not intimidated by big hospitals and insurance companies. At Better Call Al, we build every case for the courtroom, beginning with selecting qualified experts who meet the serious requirements mandated by Massachusetts law.

Speak With a Trusted Medical Malpractice Attorney in Massachusetts

If you or a loved one suffered serious injury or death caused by medical negligence, the time to act is now! Massachusetts sets strict deadlines, and preparing a strong case takes time, especially when expert witnesses are involved. Call our office to speak with our skilled and experienced Massachusetts medical malpractice team.

Call (413) 736-1616 to schedule a free consultation today.

You pay nothing unless we win.