Michael B. Barkley
Mr. Barkley is an experienced trial lawyer concentrating his practice on the defense of hospitals, physicians, dentists, nurses, and other medical professionals in litigation and in matters before state licensing boards. Mr. Barkley has successfully defended clients in Courts throughout the Commonwealth of Massachusetts and has obtained favorable jury verdicts in litigation involving claims of medical malpractice, breach of confidentiality, negligent hiring and supervision, premises liability, and general negligence. Mr. Barkley's practice also includes defending individuals and corporate entities in claims involving product liability, commercial litigation, and breach of contract.
In addition to his active litigation practice, Mr. Barkley also serves as the Managing Partner of Adler | Cohen | Harvey | Wakeman | Guekguezian LLP.
In 2013 and 2014, Mr. Barkley was selected, based on a vote of licensed attorneys in Massachusetts and a review by an independent blue ribbon panel, as a "Super Lawyer," a designation awarded to only 5% of the lawyers in Massachusetts and published annually in Boston Magazine and New England Super Lawyers. Previously, Mr. Barkley was selected as a "Rising Star" each year from 2009-2012. Mr. Barkley has also received an AV Preeminent Peer Review Rating™ by Martindale-Hubbell® reflecting the highest available rating by his peers for ethical standards and legal ability.
Mr. Barkley is a frequent lecturer on behalf of hospitals, physician groups, and medical liability insurers on legal and risk management topics. Mr. Barkley also serves as counsel for a legal hotline available to members of a nationwide organization of health and fitness clubs.
Obtained a defense verdict in a Superior Court jury trial on behalf of an Ob/Gyn in a claim involving allegedly negligent surgical treatment of a patient undergoing an urgent laparoscopic salpingectomy converted to salpingo-oophorectomy procedure, resulting in injury to an inferior epigastric vessel, the need for subsequent surgery, ongoing pain and suffering and scarring.
Obtained a defense verdict in a Superior Court jury trial on behalf of an oral and maxillofacial surgeon in a claim involving an allegation of negligent pre-operative workup and negligent performance of a surgical procedure to remove a foreign body from the patient's antrum and repair an oral-antral communication, allegedly resulting in an acute postoperative palatal hemorrhage, five day hospitalization, multiple subsequent surgeries, and a chronic oral-antral fistula.
Obtained a defense verdict in a Superior Court jury trial on behalf of a Boston teaching hospital in a wrongful death action involving the sudden death of a 43 year old patient during a surgical procedure.
Obtained a defense verdict in a Superior Court jury trial on behalf of a primary care medical practice facing claims of delay in diagnosis of cancer (Ewing’s sarcoma) in a 13 year old patient, allegedly causing his death at age 16.
Obtained a defense verdict in Superior Court on behalf of a Boston teaching hospital in a case involving negligent hiring, training and supervision of a former employee who allegedly disclosed plaintiff’s confidential medical information to a third party.
Obtained a defense verdict in District Court on behalf of a Boston teaching hospital in a case involving general negligence, allegedly causing a patient to suffer severe burns while admitted to the hospital.
Areas of Practice
- Medical Malpractice Defense
- Civil Litigation Defense
- Product Liability Defense
- U.S. District Court District of Massachusetts
- Boston University School of Law, Boston, Massachusetts
- J.D. (cum laude) - 2003
- Honors: Paul J. Liacos Distinguished Scholar Award, 2002
- Honors: Edward F. Hennessey Scholar Award, 2003
- Honors: Stone Moot Court Competition Best Oralist, 2001
- Honors: Albers Honors Moot Court Competition, Finalist, 2002
- Honors: Albers Honors Moot Court Competition, Director, 2002-2003
- Tufts University
- B.A. - 2000
- Representative Invited Presentations / Lectures
- "A Primer on the Disclosure, Apology & Offer Law", Presentation to physicians completing a patient safety and quality fellowship through Harvard Medical School and CRICO, March 2014
- "Medico-Legal Issues for Trainees", Partners Healthcare Annual Clinical Fellows Retreat, October 2013
- "So You Want to Say You’re Sorry"; A Panel on Medical Malpractice, Massachusetts Chapter of the American College of Surgeons; Annual Meeting, December 2012
- "Patient Safety Beyond the Hospital Setting", Partners Healthcare Ambulatory Patient Safety Retreat, May 2011
- "Lessons from the Malpractice Experience", Beth Isreal Deaconess Medical Center Department of Medicine Grand Rounds, November 2010
- "Malpractice Risk and Patient Safety in Obstetrics", Newton Wellesley Hospital Department of Obstetrics Grand Rounds, November 2010
Honors and Awards
- "Super Lawyer," as Published Annually in Boston Magazine and New England Super Lawyers, 2013 - Present
- "Rising Star," as Published Annually in Boston Magazine and New England Super Lawyers, 2009 - 2012
- Martindale-Hubbell® AV Preeminent Peer Review Rating™
Professional Associations and Memberships
- Massachusetts Bar Association, Member