Clyde D. Bergstresser

Top rated Medical Malpractice attorney in Boston, Massachusetts

Bergstresser & Pollock PC
Clyde D. Bergstresser
Bergstresser & Pollock PC

Practice Areas: Medical Malpractice, Professional Liability, Personal Injury; view more

Licensed in Massachusetts since: 1974

Education: Boston College Law School

Selected to Super Lawyers: 2004 - 2024

Bergstresser & Pollock PC

52 Temple Place
4th Floor
Boston, MA 02111 Visit website


Clyde D. Bergstresser is a founder and member of Bergstresser & Pollock LLC. Mr. Bergstresser has more than 35 years of experience representing individuals, businesses and families who have suffered serious and devastating harm as the result of professional malpractice, including medical, legal and psychiatric malpractice, property owner negligence or premises liability, sexual assault and other causes of personal injury and death.

Mr. Bergstresser holds an AV Preeminent* peer review rating through Martindale-Hubbell, he is an invited fellow of the American College of Trial Lawyers, and he is listed in Best Lawyers in America. He was selected by Best Lawyers as the Plaintiffs' Medical Malpractice Lawyer of the Year-Boston for 2014 and 2017 and is regularly recognized  in Best Lawyers in America and as one of the top 100 Super Lawyers in Massaachusetts and New England.  In 2013 and again in 2016 he was recognized as one of the top 10  Super Lawyers in Massachusetts.  Mr. Bergstresser is a graduate of New Jersey Institute of Technology (B.S., 1971, magna cum laude) where he was President of the Electrical and Computer Engineering Honor Society and Boston College Law School (J.D., 1974). He is a frequent lecturer on trial practice, professional liability and other subjects for attorney and physician audiences, and he is the author of the chapter in the West Practice series (Basic Law) on medical malpractice. Mr. Bergstresser's other professional affiliations include the Massachusetts Bar Association, the Boston Bar Association, the American Bar Association, the Massachusetts Academy of Trial Lawyers and the American Association for Justice, formerly known as the Association of Trial Lawyers of America.

*AV Preeminent and BV Distinguished are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.

Practice areas

Personal Injury - Medical Malpractice: Plaintiff, Professional Liability: Plaintiff, Personal Injury - General: Plaintiff, Personal Injury - Products: Plaintiff, Construction Litigation: Consumer

Focus areas

Birth Injury, Brain Injury, Construction Accident, Delayed or Incorrect Diagnosis, Legal Malpractice, Medical Malpractice, Motor Vehicle Accidents, Personal Injury - Plaintiff, Premises Liability - Plaintiff, Professional Malpractice - Other, Sexual Abuse - Plaintiff, Slip and Fall, Wrongful Death

First Admitted: 1974, Massachusetts

Professional Webpage:

  • Selected for inclusion in The Best Lawyers in America 2007, 2008, 2009, 2010, 2011,2012,2013,2014,2015,2016,2017.   Medical Malpractice Lawer of the Year, Boston 2014,2017
  • AV® Preeminent™ Peer Review Rated, the highest rating by Martindale Hubbell
  • Fellow-American College of Trial Lawyers
  • Among the Top 100 Massachusetts Lawyers 2005, 2006, 2009, 2010-2017.  Top 10 in Massachusetts in 2013 and 2016
  • AVVO highest ranking of 10
  • President of Eta Kappa Nu (The Electrical and Computer Engineering Honor Society), 1970-1971
  • Among the Top 100 New England Lawyers for 2010,2011,2012,2013,2014,2015-2017
  • Ranked in Chambers USA
Scholarly Lectures/Writings:
  • "Recent Developments in Civil Litigation:  How to Avoid the Unexpected Verdict,"
  • Massachusetts Defense Lawyers Association, 2003
  • "The Art of Handling a Medical Malpractice Case,"  Massachusetts Academy of Trial Attorneys, 2002
  • "Premises Liability Seminar – Expert Section and Establishing Causation," MCLE, 2002
  • “The New Legal Malpractice Marketplace – Expanding Claims and Hardening Markets,”  Massachusetts Defense Lawyers Association and the Professional Liability Underwriting Society,” 2001
  • "Nursing Home Litigation – View from the Plaintiff:  Impact of Charitable Immunity and Elder Abuse,"
  • “Protecting Elders Through Nursing Home and Managers,” Case Litigation:  Elder Law Institute VI:  Sponsored by NAELA and the Massachusetts Academy of Trial Attorneys, 2000
  • Massachusetts Academy of  Trial Attorneys – the Art of Opening and Closing Statements, 1999
  • Fourth International Conference on Sexual Misconduct by Psychotherapists, Other Health Care Professionals & Clergy (1998) “When the Couch Meets the Bench” and “Effective Expert Witnesses,” 1998
  • Physician’s Risk Management – Good Samaritan Program – View From Both Sides, Pro Mutual, 1997
  • Handling Wrongful Death Claims Appurtenant of Damages between Pain and Suffering and Wrongful Death, Massachusetts Bar Association, 1996
  • "Massachusetts Practice," Summary of Basic Law, Third Edition; ed. Alpern and Shubow
  • Massachusetts Psychiatric Society Risk Management Conference, “Legal and Ethical Dilemmas in Today’s Practice Environment,” 1996
  • Medical Malpractice Update:  “Selecting Experts and the Loss of Chance Doctrine,” MCLE, 1996
  • Mental Health Records:  Access, Confidentiality and Admissibility, Massachusetts Bar Association, 1995
  • "Sexual Abuse Litigation:  Plaintiff’s Perspective,” Massachusetts Academy of Trial Attorneys, 1995
  • "Handling The Psychiatric Witness,"(With Lawrence D. Shubow), Trial Magazine, July 1977
  • Training of Prosecutors,” Board of Registration in Medicine, 1995
  • "Mental Disabilities - The Legal Response" M.C.L.E., N.E.L.I., Chapter: Right to Refuse Treatment
  • Medical Malpractice Update, MCLE, 1993
  • "Boston College Law School, Annual Survey of Massachusetts Law, Law Review, Chapter: Torts, 1978-1979
  • How to Handle Ob-Gyn Malpractice Cases, MCLE, 1992
  • "Massachusetts Practice", Summary of Basic Law, Third Edition; ed. Alpern and Shubow, West Publishing Company, Chapter on Medical Malpractice, 1996
  • “Handling Sexual Abuse Cases:  Repressed Memory vs. False Memory; Insurance Issues, Statute of Limitations,” Massachusetts Academy of Trial Attorneys, 1991
  • "Practicing Psychiatry Without Fear, A Clinical Guide for Liability Prevention", Chapter: The Perspective of the Plaintiff’s Attorney, Harvard University Press
  • "Handling The Psychiatric Witness," Lawrence D. Shubow and Clyde D. Bergstresser, Trial Magazine, 1
  • "A Model State Act To Authorize and Regulate Physician Assisted Suicide", (With Charles H. Baron, Dan W. Brock, Garrick F. Cole, Nancy S. Dorfman, Judith A. Johnson, Lowell E. Schnipper, James Vorenberg, and Sidney Wanzer) Harvard Journal on Legislation, Winter, 1996
  • Guest Speaker, New England Medical Center, 1998
  • Guest Speaker, McLean Hospital, 1985 - 1993
  • Guest Speaker, Massachusetts General Hospital, 1994,1998-2000
  • "Liability Prevention for Physicians and Health Care Professionals," Strategies and Update, 2010
  • Course Director, Harvard Medical School Department of Continuing Education, 2001-2010
  • "Physicians and Health Care Professionals in Court," A Survival Guide
  • Professional Liability Committee:  Handling Legal Malpractice Claims from the Plaintiff’s Perspective, Boston Bar Association, 2009
  • “Malpractice Claims Against Lawyers – Recent Development, Hot Topics and Strategies:  Mock Trial Presenter, MCLE, 2005
  • “Malpractice Claims Against Attorneys, Theories, Defenses, Strategies and Tactics,” 2004
  • “The Mold Muddle: Handling Plaintiff’s Cases Arising from Mold Exposure:  Science, Causation and Daubert,” MCLE, 2004
Representative Clients:
  • Hart v. Cua, M.D.
  • Liberty Mutual v. Tabor, 407 Mass. 354, 1990
  • Glicklich v. Spievack, 16 Mass. App. Ct., 485, 1983
  • Outcault v. Bazylewicz
  • Hoke v. Murray, III, M.D.
  • U.S. Liability Ins. Co. v. Selman, 70 F.3d 684, 1st Cir. 1995
  • Commonwealth v. Jackson, 369 Mass 904, 1976
  • Penta v. Bassil
  • Jaskalka v. Rockett
  • Commonwealth v. Watson, 377 Mass. 814, 1979
  • Rogers v. Okin, 478 F.Supp. 1342, D.Mass. 1979
  • Cheney v. Angus
Educational Background:
  • JD from Boston College Law School, 1974
  • Newark Institute of Technology, B.S., magna cum laude
Bar/Professional Activity:
  • U.S. District Court, District of Massachusetts, 1974
  • Boston Bar Association
  • Fellow, Massachusetts Bar Foundation
  • Massachusetts, 1974
  • American Association for Justice
  • Chair, Section Council, Individual Rights and Responsibilities, Massachusetts Bar Association, 1998
  • Fellow, American College of Trial Lawyers
  • Massachusetts Association of Trial Attorneys (MATA)
  • U.S. Federal Courts, 1975

Office location for Clyde D. Bergstresser

52 Temple Place
4th Floor
Boston, MA 02111

Phone: 617-682-9212

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