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Articles Posted in Medical Malpractice

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Health Care Proxy Can’t Bind Principal to Arbitration Clause Says Massachusetts Supreme Judicial Court — Johnson v. Kindred Health Care, Inc.

Over the past several decades, arbitration clauses have increasingly been used to resolve legal disputes. An Arbitration clause is an agreement between two contracting parties to settle their disputes in arbitration as opposed to going to trial. Their increased use has several justifications including reducing court volume. It may be…

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Can Attorney’s Payment of Medical Malpractice Bond Be a Factor in Setting Bond Amount — Faircloth v. DiLillo

In a recent Massachusetts Supreme Judicial Court (“SJC”) decision, a mother and daughter brought a medical malpractice action against a medical practitioner for complications arising during childbirth causing the child to have severe and permanent injuries. The plaintiffs claimed that the defendant failed to detect significant abnormalities that may have…

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Cape Cod Towns Participate In National Drug Take-Back Day Highlighting Concerns With Prescription Drug Overdoses

On October 26, several law enforcement agencies in the Cape hosted the National Prescription Drug Take-Back Day. The Cape Cod Times reported that fourteen towns took part in the event to help rid localities of potentially dangerous prescription drugs. The National Drug Take-Back Day, which is sponsored by the U.S.…

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