In Massachusetts, medical malpractice claims are not “no-fault.” Insurers typically focus on three core questions before settlement talks go anywhere:
- Was there a breach of the standard of care? (What a reasonably competent provider would have done in similar circumstances.)
- Did that breach cause the injury? (Not just “it happened,” but that it caused the harm.)
- What damages can be supported with records and reasonable medical proof?
Because these questions are evidence-driven, two people with similar symptoms can see very different settlement outcomes—especially when one case has clearer documentation and causation support.


