Articles Posted in Medical Malpractice

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…

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…

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…

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…

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. A security guard can fail…

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 of action accrued. Although…

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 patient has presented…

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 Facts of the Case 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. This is called a…

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 patient’s medical history included diabetes,…