Attorneys
Worcester
Worcester
The Guaranty Building
370 Main Street, 12th Floor
Worcester, MA 01608
Framingham
Framingham
The Meadows
161 Worcester Road, Suite 501
Framingham, MA 01701
Cape Cod
Cape Cod
1597 Falmouth Road
Centerville, MA 02632
Medfield
Medfield
Olde Medfield Square
266 Main Street, Bldg. 2, Suite 15A
Medfield, MA 02052
New Bedford
New Bedford
651 Orchard Street, Suite 107
New Bedford, MA 02744
Providence
Providence
1 Richmond Square, Suite 303N
Providence, RI 02906
Boston
Boston
12 Post Office Square, 6th Floor
Boston, MA 02109
Hudson
Hudson
69 Main Street
Hudson, MA 01749
Practice Areas
Niche industries
Open detail
Cannabis & Breweries
Cannabis & Breweries
Open detail
Closely Held and Family-Owned Businesses
Closely Held and Family-Owned Businesses
Open detail
Condominiums
Condominiums
Open detail
Medical & Dental Practices
Medical & Dental Practices
Open detail
Private Foundations
Private Foundations
Open detail
Real Estate Developers
Real Estate Developers
Open detail
Restaurants
Restaurants
Open detail
All Industries
  • Multiple Dates

Estate Planning Webinar

Please join Fletcher Tilton Tax Attorney and Certified Elder Law Attorney Michael T. Lahti for an informative webinar.  Details for the next upcoming date.

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  • Wed. Sept. 30, 2020
  • 6:00-8:00 pm
 

Housing and Supported Decision-Making - Webinar

For individuals with special needs or disabilities, their families, and their advocates interested in exploring housing options.

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  • Multiple Dates

Employment Law Webinar

Chair of the Labor & Employment group at Fletcher Tilton, Attorney Joseph T. Bartulis, Jr. will speak about the many legal issues facing employers in 2020 and beyond.  Details for the next upcoming date.

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  • Multiple Dates

How to Administer a Special Needs Trust

This annual training and update for Parents, Trustees and Successor Trustees of Special Needs Trusts and OBRA ‘93 Trusts has been reconfigured into a three-part series of evening webinars to accommodate these unusual times.  Details for the next upcoming date.

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View Past Seminars

Services

Professional Malpractice

Clients sometimes come to the firm with legitimate claims of human error by professionals such as doctors, lawyers, accountants, engineers and architects. Such professionals sometimes come to us to defend a baseless claim or to offer guidance on the resolution of meritorious claims where liability insurance is in question.  The firm is pleased to represent any client in need of counsel for a meritorious claim or a legitimate defense.

Claims of malpractice against any professional are serious matters.  The firm’s litigators have the experience and judgment to distinguish between matters that deserve prosecution and those matters that simply do not give rise to a claim the law can remedy.  Similarly, the litigators know how to counsel a professional who confronts genuine potential liability for an error.

The firm has not hesitated to proceed to jury trial on behalf of victims of malpractice where the professional and his insurance company have refused a reasonable settlement.

While the term “malpractice” is most commonly associated with medical professionals, all professionals must provide their services in a competent and responsible manner.  When a professional fails to live up to this standard and it causes harm to the patient or client, the injured party can make a claim for their physical, emotional and financial damages. 

 

Medical Malpractice
At Fletcher Tilton, we have extensive experience handling cases in which a patient has suffered injury or loss due to a medical professional’s carelessness.  There are numerous laws and evidentiary rules that apply specifically to actions for medical malpractice, and this adds a layer of complexity to pursuing any claim successfully. 

For example, under most circumstances, a patient must provide formal notice to their treating medical professional before filing a lawsuit.  If a lawsuit is filed, the patient and their legal team must be prepared with medical records and expert evidence to avoid risking an early dismissal.

If you are a physician or medical professional facing allegations of malpractice, or a complaint against your professional license, sound legal guidance is crucial.  This is particularly true if you have received a reservation of rights letter from your professional liability insurer. 

Professional Malpractice
As in the field of medicine, other professionals that perform their services in a careless manner can cause harm to their clients.  Similar to actions for medical malpractice, actions for negligence against a trained professional are complicated, and it is important to retain a legal team with experience handling such matters.  

The attorneys at Fletcher Tilton have extensive experience representing:

  • Clients that have suffered damages resulting from professional malpractice
  • Professionals who are faced with a claim for malpractice
  • Professionals who face disciplinary action by a state licensing board

Representative Matters:

  • For a Framingham-based business whose former accountant embezzled hundreds of thousands of dollars and falsified the company’s records to conceal the missing funds, we obtained emergency injunctive relief.
  • We led an internal investigation for a prominent local bank accused of negligently failing to detect a third party’s attempt to defraud a bank customer.
  • Our firm successfully represented an out-of-state oil company in years-long litigation against an insurance company involving bad faith claims practices.
  • The firm many times has guided professionals through the litigation process in circumstances under which the liability is real and the liability insurance is insufficient to protect the professional.  The firm has advised doctors, accountants and others with respect to how to deal with the insurance companies and the claimants to reach a settlement within the policy limits.  For instance, the firm’s litigators have negotiated a Hi-Lo agreement on behalf of a doctor to protect the doctor from any jury verdict that might exceed his insurance policy limits.
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