Brent Gilbert’s practice is primarily focused on the defense of physicians, nurses and other medical providers and institutions in complex medical malpractice and professional liability matters in both state and federal court. Brent has also represented clients involved in litigation concerning construction, employment, motor vehicle accidents, general civil litigation and tort defense.
In his spare time, Brent is an avid Boston sports fan and a Big Brother.
Associations & Memberships
- Massachusetts Defense Lawyers Association
- American Bar Association
- Rhode Island Bar Association
- Massachusetts Bar Association
Awards & Recognition
- From 2015-2020, Brent has been recognized as a "Rising Star," based on a vote of licensed attorneys in the state and a review by an independent blue ribbon panel, as published in Boston Magazine and New England Super Lawyers
In addition, Brent has authored the following article for the Massachusetts Medical Society’s Legal Access Plan Newsletter, The Legal Advisor:
- Politics in the Exam Room. June 2018.
Recent successful results Brent has contributed to obtaining on behalf of his clients include the following:
Served as second chair to Michael Barkley in a medical malpractice action tried in Suffolk Superior Court on behalf of a surgical oncologist and a thoracic surgeon, in a case in which it was alleged that the defendants were negligent in the manner in which they positioned the patient on the operating table and protected pressure points, prior to a lengthy surgery to remove a chondroma from the patient's chest wall. Following the procedure, the patient was diagnosed with compartment syndrome of the thenar eminence of the right hand, allegedly as a result of improper positioning or padding, requiring multiple surgical procedures and allegedly resulting in permanent nerve injury.
Served as second chair to George Wakeman in a medical malpractice action tried in Suffolk Superior Court in which a defense verdict was obtained on behalf of their four clients, an orthopedic spine surgeon and three orthopedic surgeons who were residents at the time, following an eight day jury trial. The plaintiff alleged that the defendants negligently failed to timely treat two disc herniations in her cervical spine, causing compression. Plaintiffs alleged that surgery should have been performed on an emergency basis over the weekend rather than waiting until Monday. The plaintiff alleged that, as a result of the negligence, the patient suffered neurological injuries affecting her lower extremities. The case was defended on the basis that (1) the treatment was appropriate in all respects as the plaintiff’s symptoms were the result of chronic cervical spine compression and did not require urgent or emergent surgery, (2) the plaintiff’s condition remained stable or improved over the weekend, and (3) the patient’s injury occurred due to a reperfusion complication that was entirely unrelated to the timing of the surgery or anything that the defendants did. Following the trial, the jury returned a verdict in favor of the defendants after less than three hours of deliberation.
Served as a second chair to George Wakeman in a medical malpractice action tried in Suffolk Superior Court in which a defense verdict was obtained on behalf of their client, an otolaryngologist, following a nine day jury trial. Their other client, a physician’s assistant, was dismissed from the case during the trial. The plaintiffs alleged that the defendants were negligent in failing to refer an 8 year old patient for surgery to treat tracheal stenosis. The plaintiffs alleged that, as a result of the negligence, the patient suffered a hypoxic ischemic injury, resulting in significant neurological injury and complete disability.
Served as second chair to George Wakeman in a medical malpractice action tried in Norfolk Superior Court in which a defense verdict was obtained on behalf of a reproductive endocrinologist and a radiologist. The plaintiffs alleged that the defendants were negligent in failing to identify that ultrasound imaging performed following IVF treatment revealed both intrauterine and ectopic pregnancies (also known as a heterotopic pregnancy). The plaintiffs alleged the delay in diagnosis of the heterotopic pregnancy allowed it to rupture at 14 weeks requiring urgent surgery, causing the fetus to sustain a hypoxic-ischemic injury in utero, resulting in the baby’s severe birth defects and complete disability.
Served as second chair at trial to Attorney Michael Barkley in a medical malpractice action tried in Plymouth Superior Court in which a defense verdict was obtained. The plaintiffs alleged the defendant surgeon had been negligent in failing to order a biopsy or additional imaging of a mass, resulting in a delay in diagnosis of Non-Hodgkin's Lymphoma.
Served as second chair at trial to Attorney Jennifer Herlihy in a medical malpractice action tried in Plymouth Superior Court in which a defense verdict was obtained. The plaintiffs alleged the defendant surgeon had been negligent during the performance of cholecystectomy, resulting in injury.
Served as second chair at trial to Attorney Ellen Cohen in a medical malpractice action tried in Suffolk Superior Court in which a defense verdict was obtained. The plaintiff alleged the defendant Ob/Gyns had been negligent for not having performed a cesarean action delivery quickly enough resulting in stillbirth.
Prepared appellate brief and presented oral argument before the Appeals Court of Massachusetts.
Recent lectures in which Brent has participated, by invitation, include the following:
“Update Regarding Telehealth.” Presentation to the Massachusetts Society for Healthcare Risk Managers. February 5, 2021.
“Obtaining Informed Consent When Cultural Differences Exist,” Presentation to physicians, medical students, and other healthcare providers at Harvard Medical School's Cross Cultural Interest Group symposium held at Beth Israel Deaconess Medical Center, June 7, 2018.
- Suffolk University Law School, Boston, Massachusetts
- Honors: Phi Delta Phi
- Honors: First Year Best Oral Advocate
- Honors: First Year Distinguished Brief
- Honors: Moot Court Honor Board, Executive Director of Trial Competitions, 2009-2010
- Law Journal: Journal of Trial and Appellate Advocacy
- Providence College, Providence, Rhode Island
- Honors: Pi Sigma Alpha - American Political Science Honor Society
- Honors: Phi Alpha Theta – National History Honor Society
- Honors: Executive Vice President, Student Congress (2006-2007)
- Major: Political Science
- Minor: History
- Massachusetts, 2010
- Rhode Island, 2010
- U.S. District Court District of Massachusetts, 2012