Cape Cod Injury Lawyer BlogThe underlying premise of the body of law known as “negligence” is that those who breach a duty to those whom such a duty is owed should be held financially liable for the foreseeable consequences of their action (or inaction, as the case may be). This means that, in a Massachusetts wrongful death lawsuit, the […]
Articles Posted in Medical Malpractice
Massachusetts Malpractice Law Requires Cash Bond to Continue if Tribunal Does Not Find Sufficient Evidence
Unlike other personal injury and wrongful death lawsuits, Massachusetts medical malpractice claims must be reviewed by a special tribunal before they may proceed in a regular courtroom. If the tribunal does not believe the claim has merit, the plaintiff has the option of filing a bond and continuing with his or her case. A recent […]
$32.5 Million Award in Medical Malpractice Case Upheld by Massachusetts Appeals Court
Modern medicine is a complicated endeavor in which an individual may see several different medical providers for various conditions. Unless these providers are able to communicate effectively with one another for the patient’s benefit, tragedy can result.A recent Massachusetts medical malpractice case arose from just such a situation. In the case, a former teacher and […]
Claim Preclusion Between Two Lawsuits Results in Dismissal of Medical Malpractice Case by Massachusetts Appeals Court
There are many procedural hoops that must be jumped through in order for a person injured by an act of medical negligence to be successful in a Cape Cod medical malpractice lawsuit. While potential pitfalls are common in the area of negligence law, this is particularly so in claims against doctors, hospitals, nurses, and so […]
Wrongful Death Suit Alleging Malpractice in Mental Health Treatment Dismissed by Massachusetts Court of Appeal Due to Insufficient Offer of Proof
Filing a claim for medical negligence in Cape Cod or elsewhere in Massachusetts can be a complicated endeavor. It pays to talk to an attorney as soon as possible after suspecting that you or someone close to you has been hurt by an act of medical malpractice. It takes a considerable amount of time to […]
Malpractice Claimant’s Offer of Proof Was Sufficient to Raise Legitimate Question of Liability, According to Massachusetts Appeals Court
Unlike car accident or slip and fall cases, Cape Cod medical malpractice lawsuits require that the plaintiff make an offer of proof before a special tribunal. If the tribunal does not find that the plaintiff’s offer is adequate, the plaintiff may post a bond within a certain time period, or he or she may appeal […]
Defense Verdict Affirmed in Massachusetts Medical Malpractice Case in Which Settling Defendant Pled the Fifth
When a Cape Cod medical malpractice lawsuit goes to trial, there are usually multiple witnesses who testify in front of the jury. This includes not only the parties to the case but also the expert witnesses who are retained by each side to render an opinion as to the applicable standard of care, whether the […]
Massachusetts Appellate Court Reviews Radiologist’s Dispute with Liability Insurer Following Insurer’s Post-Verdict Settlement with Injured Patient
In most Cape Cod medical malpractice lawsuits, the defendant health care provider has a policy of professional negligence liability coverage in place to protect his or her personal assets in the event of a judgment against him or her. Typically, the medical professional is only personally liable to the extent that a judgment is awarded by […]
Plaintiff’s Medical Malpractice Action Fails Due to Insufficient Proof, Says Massachusetts Appeals Court
Medical malpractice lawsuits are expensive and procedurally difficult. This is not to say that a plaintiff cannot be successful in an attempt to hold a negligent doctor liable in a particular case, but only that doing so can be much more difficult than, for example, holding a negligent driver liable in a motor vehicle accident case. […]
Massachusetts Court Finds that Malpractice Case Against Ob-Gyn Nurse Lacked Sufficient Proof
Under Massachusetts medical malpractice law, the burden of proof is on the plaintiff to prove, by a preponderance of the evidence, that the defendant health care provider violated the applicable standard of care. First, however, the plaintiff must find an expert witness who is willing to testify in court as to what the standard of […]