Brian Cunha & Associates

New Bedford Law Office of Personal Injury Attorney Brian Cunha.Law Offices of Brian Cunha & Associates

Personal Injury Attorneys in New Bedford

Street Address: 172 Page St, New Bedford, MA 02740

Phone Number: 508 991 2100

Web Address:


About Brian Cunha, Personal Injury Lawyer in New Bedford

Brian R. Cunha is a distinguished trial attorney and recognized authority on personal injury law. He has played a key leadership role in such landmark litigation as the Station Fire case, the MTBE Drinking Water Litigation in Pascoag, RI, as well as in major class actions against the manufacturers of Vioxx, Medtronic Baycol, Phen-fen and the Dalkon Shield.

Mr. Cunha is often featured in the national press for his successful advocacy on behalf of clients. In recent years, he has also contributed lengthy articles to major newspapers on protecting the rights of injured persons.

Mr. Cunha holds a baccalaureate from Boston College and graduated from Suffolk University Law School. He previously served as a faculty member of Newbury College where he served as department chairman.

Mr. Cunha, a proven personal injury attorney with 25 years of experience maintains membership in the Rhode Island Bar Association, Massachusetts Bar Association, Massachusetts Academy of Trial Attorneys, Boston Bar Association and is on the Board of Governors of the Rhode Island Trial Lawyers Association.

Mr. Cunha, a former member of the board of directors of the Rhode Island Chapter of the Brain Injury Foundation, is a fellow of the Massachusetts Bar Foundation, an honor extended to two percent of trial attorneys.

Areas of Legal Practice: Personal Injury

Massachusetts Medical Malpractice Law

When New Bedford residents think about hiring a personal injury lawyer to start a medical malpractice case they should first be aware of what medical malpractice is.

Medical malpractice, sometimes referred to as medical negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury. Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include:

  • Misdiagnosis of, or failure to diagnose , a disease or medical condition
  • Failure to provide appropriate treatment for a medical condition
  • Unreasonable delay in treating a diagnosed medical condition

Medical malpractice actions can be brought by the injured New Bedford patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.

Massachusetts, however, does have some slightly different rules regarding medical malpractice that New Bedford residents should be aware of. Massachusetts limits noneconomic damages in malpractice cases to $500,000.00. For medical malpractice cases in Massachusetts there is a mandatory offset for collateral source payments, in an amount determined by the court.

When trying to find a New Bedford lawyer, you should also be aware that in Massachusetts, attorney fees are limited to 40% of the first $150,000.00 recovered, 33% of the next $150,000.00, 30% of the next $200,000.00, and 25% of any recovery greater than $500,000.00.

Massachusetts also mandates the submission of medical malpractice claims to a medical tribunal, the results of which are admissible at trial.

So for questions regarding your medical malpractice case, or any other personal injury question, feel free to contact a New Bedford personal injury lawyer such as Brian Cunha today.