Cape Cod Injury Lawyer BlogPurportedly to combat the growing problem of frivolous medical malpractice lawsuits, the Massachusetts legislature passed a law (codified at Mass. Gen. Laws ch. 231, § 60B) several years ago, requiring the plaintiff in a medical negligence case to submit an “offer of proof” to a three-member reviewing tribunal after filing a formal lawsuit against a doctor […]
Articles Posted in Medical Malpractice
Massachusetts Court of Appeals Affirms Defense Verdict in Medical Malpractice Case Arising from Infant’s Death Three Days After Birth
When a litigant who is unsatisfied with a trial court’s ruling files an appeal, the burden is on that appellant to convince the higher court that a mistake was made in the court below. This can be a difficult task, especially when one of the grounds for the appeal is the alleged bias or favor […]
Massachusetts Appeals Court Dismisses Cancer Patient’s Medical Malpractice Case on Statute of Repose Grounds
In order to seek compensation from a person or business for injuries caused by negligence, the aggrieved party must file suit within the applicable statute of limitations. In Massachusetts, the limitations period for medical malpractice is three years. In cases in which a statute of repose is also in effect, the plaintiff must also file […]
Massachusetts Appeals Court Finds that Patient’s Offer of Proof Was Sufficient to Proceed to Trial in Medical Malpractice Case – Paretchan v. Kwasnik
Under Massachusetts law, a person who alleges that his or her physician committed an act of medical negligence must submit an offer of proof to a medical malpractice tribunal in order for his or her lawsuit to move forward. If the tribunal decides that there is not sufficient evidence to support the plaintiff’s claim, the […]
Massachusetts Supreme Judicial Court Revisits Timeliness of Complaint in Medical Malpractice Case – Parr v. Rosenthal
About a year ago, we shared with you a Massachusetts Court of Appeals decision in a malpractice case in which the issue was whether or not suit had been filed within the three-year statute of limitations set forth under Massachusetts law. The intermediate appellate court decided that the case was timely filed under the continuing treatment doctrine. […]
Massachusetts Appeals Court Finds “Less Draconian Consequences” Than Dismissal of Medical Malpractice Action Not in Compliance with Notice Statute – Arsenault v. Bhattacharya
Most people understand that there are statutes of limitations that govern the time that an injured person has to bring a claim in a court of law. There are numerous other issues of timeliness, however, of which the general public may be less aware. One of those issues – the notice period for a medical malpractice lawsuit […]
Massachusetts Appeals Court Affirms Defense Verdict in Medical Malpractice Case Arising from Stillbirth After Allegedly Negligent Delay in Performing C-Section – Milambo v. Satlin
Just as a negligent driver can be held liable in a court of law for damages resulting from the breach of a legal duty while driving a motor vehicle, so can a medical professional be held liable for a failure to uphold the applicable standard of care due a patient during the diagnosis or treatment of an illness, […]
Massachusetts Appeals Court Affirms Medical Malpractice Verdict in Favor of Administratrix in Failure to Diagnose Case – Ellis v. Clarke
All personal injury and wrongful death lawsuits arising from negligence require proof of four essential elements. The defendant must have owed the plaintiff a duty, the defendant must have breached the duty, the plaintiff must have suffered damages, and the damages must have been the proximate result of the breached duty. In some cases, particularly those arising […]
Large Massachusetts Jury Verdict in Birth Injury Medical Malpractice Case Attracts Attention
A recent jury verdict returned in a medical negligence case tried in the Hampden Superior Court is making headlines across the state. According to media reports, the family of a girl, now 11, who was allegedly injured due to negligent medical treatment during her birth, sued six doctors who were involved in the mother’s obstetrical […]
Massachusetts Woman’s Battery Claim Against Physician Fails; Federal Court Says Lack of Informed Consent Dictates Negligence Claim, Not Battery – Bradley v. Sugarbaker
Under Massachusetts law, a competent adult has a legal right to forgo medical treatment if he or she so chooses. Of course, being able to exercise this right necessitates that a patient have knowledge of the options of treatment available to him or her, as well as the potential risks of each. A physician’s failure […]