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Articles Posted in Negligence

medical coatsFiling 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 properly investigate and substantiate a medical malpractice claim. If the appropriate paperwork is not completed in a timely fashion – or if the offer of proof submitted to the medical malpractice tribunal does not meet the requirements of Massachusetts medical malpractice law – the case is subject to dismissal, even if the plaintiff was severely injured or even passed away because of a medical provider’s mistake.

Facts of the Case

stethoscopeUnlike 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 the case to the appellate court for a review of the tribunal’s finding.

Facts of the Case

The plaintiff in a recent (unreported) appellate case was the personal representative of the estate of a man who died after suffering a full cardiac arrest in 2012. The man, who was 46 years old at the time of his death, had been under the care of the defendant physician (a primary care physician). The plaintiff’s complaint sounded in medical negligence, including allegations that the defendant’s failure to “appreciate and address” the decedent’s heart disease violated the applicable standard of care and caused his premature death.

meatballs
A Cape Cod product liability case can arise from many different types of products and can involve several different theories of liability. Claims of strict liability, negligence, defective design, manufacturing defect, breach of warranty, or failure to warn may be alleged, depending on the circumstances. Since product liability lawsuits are subject to both a statute of limitations and a statute of repose, it is important to get legal advice concerning your case as soon as possible. Claims not filed in a timely fashion are usually dismissed, regardless of the severity of the plaintiff’s injuries.

Facts of the Case

In a case recently under consideration by the appellate court, the plaintiff was a public school first grader who allegedly suffered traumatic brain damage after choking on meatballs served in the school cafeteria. Together with his parents, the student filed suit against the city that owned the school and the company that produced and sold the meatballs, alleging, among other things, that the meatballs contained “Profam 974,” which gave them an unreasonably dangerous texture and presented a choking hazard. The plaintiffs’ legal theories included negligence and breach of the implied warranty of merchantability.

speeding car
When someone leaves the scene of a Massachusetts car accident that results in property damage or personal injuries, he or she can be subject to both a fine and possible imprisonment. A civil negligence case is also a possibility, if the person who was hurt or whose vehicle was damaged in the crash is able to ascertain the wrongdoer’s identity.

Such cases can be difficult, however, sometimes leading an injured person to seek compensation from his or her own insurance company. Unfortunately, even that is not a guaranteed form of recovery.

Facts of the Case

muscle carThe fact is, most Massachusetts car accident cases settle out of court, even though the litigants in such cases have a right to have a jury decide the merits of their claims (and defenses). There are many reasons for this, including the costliness and time involved in a jury trial. Additionally, when a case settles, both parties have a say in the outcome, while jury trials involve considerable risk and a lack of predictability.

Facts of the Case

In a recent (unreported) case, the plaintiff was a man who was injured when a vintage “muscle car” slid off a flatbed trailer that was traveling in front of him on the Massachusetts Turnpike in 2011. The plaintiff filed a negligence lawsuit against the owner of the car, and the case proceeded to a jury trial. The jury found that the defendant was not negligent. The plaintiff appealed, asking the court of appeals to find that he should have been granted a mistrial due to the opening statement of the defendant’s attorney, that the trial court should have instructed the jury on the doctrine of res ipsa loquitur, and that he should have been given a new trial after the jury’s verdict in favor of his opponent.

hand gun
With some of the deadliest mass shootings in U.S. history occurring in just the past few months, there’s been a lot of talk about the rules, regulations, and laws that pertain to firearms.

Very often, the victims of such killings are left with no remedy against the perpetrator. Even if a personal injury or wrongful death case would be possible in a particular situation, it is likely the person responsible for the act would have relatively few assets from which to compensate the victims. However, in some situations, there could be another potential defendant, other than the person who actually pulled the trigger.

Facts of the Case

dump truckA Cape Cod product liability lawsuit can arise from something small and simple or from something large and complex. If the product in question is of the more complex variety, it is possible that there may be multiple defendants involved, especially if the product was made of many different pieces. In cases involving multiple component parts, the issue of who had a duty to warn of the end product’s propensity for harm can be very complex.

Facts of the Case

In a case recently considered by the Appeals Court of Massachusetts, the plaintiff was the executrix of a man who was found dead underneath a dump truck. The decedent’s clothing was allegedly caught up in a spinning joint on the truck, and his cause of death was reportedly accidental asphyxiation. The plaintiff filed a wrongful death lawsuit against the defendants, the manufacturer of the original version of the truck (which the court described as “stripped down”), and the maker of a part of the system used to tilt the dump body of the truck, asserting product liability claims sounding in negligence and failure to warn. The trial court granted summary judgment to the defendants.

cattle in field
There are several familiar expressions warning against a premature assumption as to the outcome of an event. “It ain’t over ’til the fat lady sings.” “Don’t count your chickens before they hatch.” “It ain’t over ’til it’s over.” It’s all sound advice.

But what happens if, after the fat lady has sung, the chickens have all hatched, and it’s clearly over, the opposing party refuses to accept the outcome? If the event in question happens to be a Massachusetts car accident lawsuit, the successful litigant may have to seek additional help from the court in order to collect what is due him or her via a judgment – or, as happened in a recent case, even a settlement.

Facts of the Case

RecalledWhile not every dangerous or defective product is recalled by its manufacturer, it is a good idea to occasionally check the government’s “Recent Recalls” list. It only takes a few minutes, and it could provide important information about a defect in a vehicle, food item, tire, child safety seat, or other product.

Cape Cod product liability lawsuits sometimes involve recalled products, but often the product in question has not been the subject of a recall. (Product liability claims include theories such as breach of warranty, manufacturing defect, design defect, failure to warn, negligence, or strict liability.)

Strollers and Motorcycle Handlebars Could Cause Injuries

highway at sunsetSo how bad – or how good – are Massachusetts drivers, really? That all depends on whom you ask. Some sources claim that Massachusetts has some of the best drivers in the country, but other studies lead to a very different conclusion.

While we cannot say with 100% accuracy which side has the better argument, we can say one thing for sure:  there are a significant number of car accidents in and around the Cape Cod area. We know this because we have been representing the victims of crashes caused by negligent drivers for many years. Regardless of what the numbers say, we understand that a Cape Cod car accident can wreak great physical injuries and financial hardships on innocent parties, and we are here to help those who have been hurt seek fair compensation.

The Country’s Best Drivers? Seriously?