Many things can go wrong in a hospital setting. A doctor or nurse can fail to follow the established standard of care, and a patient can suffer the consequences of medical malpractice. A janitor can fail to put up a “wet floor” sign, causing a visitor to slip and fall.…
For most civil actions, the state imposes a statute of limitations that limits the time during which an aggrieved party may file a lawsuit seeking redress for an alleged act of wrongdoing. For malpractice cases in Massachusetts, the statute of limitations is generally three years from the date that the cause…
Medical malpractice lawsuits require an exhaustive review of a patient’s medical records to determine whether an error was made and, if so, whether that error caused harm to the patient. Initially, an expert witness renders an opinion on these issues. Next, a medical malpractice tribunal reviews the case to decide whether the…
Medications are supposed to help, not hurt, those who take them. Unfortunately, this is not always so. In the case of Reckis v. Johnson & Johnson, the parents of a young girl gave her what they believed was a safe, over-the-counter medicine, but she almost died as a result. The…
Generally speaking, the federal government is responsible for bringing civil or criminal actions against those whom it believes have acted wrongfully in their interactions with the government. However, there are occasions when a private citizen can bring a lawsuit against an individual or company, in essence acting on the government’s behalf.…
In the case of Washington v. Cranmer, the plaintiff was a woman who sought medical care in the emergency department of a hospital, complaining of various symptoms including body weakness, left arm weakness, difficulty with balance, increased blood sugars, dizziness, and blurry vision. Despite being only 37 years old, the…
We all want to trust our doctors, and in most cases that trust is well-placed. However, doctors make mistakes just like everyone else does. Unfortunately, when a doctor makes an error, serious injury or even death can result. If you believe you or a loved one has suffered an injury…
One of the fundamentals of negligence law, which applies in personal injury litigation such as medical malpractice cases, is the requirement that the defendant in the case owed a legal duty to the plaintiff. Sometimes, the duty is obvious, such as in car accident cases in which drivers owe one another a duty…
Under sovereign immunity, governmental entities may be immune from lawsuits arising from the negligence of their employees. Over the years, the courts carved out several exceptions to the doctrine, and in 1978 the Commonwealth passed the Massachusetts Torts Claims Act, Mass. Gen. Laws c. 258, § 4 (the “Act”), specifying the circumstances in…
Massachusetts requires that all medical malpractice claims go through a medical tribunal under Massachusetts General Laws Chapter 231 § 60B (“§60B”) to review the claims and decide whether medical malpractice occurred. As an example, a recent Massachusetts appeals court decision ruled that a medical malpractice plaintiff did not bring sufficient…