Medical Liability and Health Care Litigation

Mirick O’Connell attorneys represent our health care clients in litigation matters.  We represent hospitals, physician practice groups, health care insurers, physicians, nurses and other medical providers in cases involving professional liability, employment disputes, and breach of contract. We have resolved these cases through trial and arbitration, with numerous verdicts and awards in our clients’ favor.  Outside of the courtroom, we represent physicians and other medical professionals before their respective boards of professional licensure.  We provide risk management services for our health care clients, including advice on preparation of forms used for patient care, and on policies and procedures.  We are often called upon to assess liability for pending claims and potential for early resolution.

Representative Matters

  • Successfully defended a primary care physician on a claim alleging failure to diagnose stroke in a 45-year-old man left with serious and permanent impairments 
  • Successfully defended a primary care physician on a wrongful death claim alleging failure to diagnose pneumonia 
  • Successfully defended a transplant surgeon on a wrongful death claim alleging improper performance of kidney transplant surgery that lead to sepsis and the subsequent death of a 55-year-old woman 
  • Successfully defended primary care physicians in a case alleging failure to timely diagnose prostate cancer by not offering PSA test after age 50  
  • Successfully defended obstetricians in two separate cases alleging failure to diagnose and properly manage deliveries complicated by shoulder dystopia 
  • Successfully defended an orthopedic surgeon in a case alleging failure to properly treat a fractured femur and tibia in 14-year-old boy 
  • Obtained dismissal of all claims against a psychologist by the Board of Registration in Psychology after filing pre-trial motions with the administrative law judge 
  • Negotiated consent agreements for numerous medical professionals with their licensing boards, which allowed them to remain in practice without a suspension of licensure 
  • Successfully represented a major medical institution in grievance arbitration involving an endoscopy technician who claimed a collective bargaining agreement violation after being removed from his department due to hisinability to safely perform advanced procedures 
  • Successfully represented a major medical institution in negotiations with a surgeon threatening a lawsuit after receiving a contractual notice of intent not to renew his contract 
  • Coordinated the investigation of allegations of workers’ compensation fraud and threats to witnesses by a housekeeping employee of a major medical institution, culminating in an employment termination decision that the union has not challenged 
  • Successfully represented a major medical institution in a breach of contract, defamation, and tortuous interference action brought in federal court in Massachusetts.  The case was won with a motion to dismiss prior to discovery

Our Practices


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