Cape Cod Injury Lawyer BlogOur product defect attorney understands when you purchase a product, you’re expecting that product to be safe. Unfortunately, this is not always the case. Defective products can cause serious injuries or even death. When a defective product causes harm, the injured party may be able to file a product liability claim against the manufacturer or […]
Articles Posted in Medical Malpractice
Massachusetts Court Discusses Causation in Medical Malpractice Cases
People anticipate that doctors, nurses, and other health care providers will provide competent treatment. Unfortunately, not all medical professionals employ sound reasoninn when caring for patients, and their inattentiveness can lead to substantial injuries. People who have been harmed by medical negligence may be able to obtain damages if they can prove their providers departed […]
Massachusetts Supreme Judicial Court Holds that Traditional “But-For” Causation Is the Appropriate Standard in Most Negligence Cases
Causation is one of the essential requirements in proving a case of negligence in a Cape Cod personal injury lawsuit. Without the element of causation, a defendant’s breach of a duty of care toward the plaintiff will not result in a finding of liability, even if the plaintiff can prove substantial damages. It works like […]
Massachusetts Appeals Court Affirms $0 Verdict in Medical Malpractice Case Alleging a Delayed Cancer Diagnosis
In a Cape Cod medical malpractice case, the plaintiff has the burden of proving not only that the defendant healthcare professional breached the standard of care that applied to the situation at hand but also that this breach of care was the proximate cause of the damages about which the plaintiff complains. Sometimes, damages are […]
Massachusetts Appeals Court Affirms Dismissal of Medical Malpractice Case Against Doctor, Nurse, and Student Physician’s Assistant
Doctors and nurses make mistakes. Sometimes, these errors in judgment cause serious harm to patients. When this happens, the injured individual has a right to seek fair compensation through a Cape Cod medical malpractice claim. However, it is important to note that medical malpractice cases can be difficult to pursue. The insurance companies that represent […]
Massachusetts Family’s Medical Malpractice Case for Death of Loved One Dismissed on Multiple Grounds
The plaintiff in a Cape Cod medical malpractice case not only bears the burden of proof at trial, but he or she also has several obligations in the pre-litigation phase of the case. Generally, the first step is a careful review of the injured or deceased person’s medical records by an expert in the field […]
Massachusetts Court of Appeals Vacates Medical Malpractice Tribunal’s Dismissal of Case
There are many steps that must be completed in order to recover fair monetary compensation for injuries or wrongful death at the hands of a health care professional in Massachusetts. One of the first hurdles that must be crossed is making it past the decision of the medical malpractice tribunal that reviews such cases as […]
Nursing Home Resident’s Complaint Seeking to Assert Seldom Used Equitable Remedy Reinstated by Massachusetts Appeals Court
In a typical Cape Cod personal injury lawsuit, the plaintiff seeks to recover monetary compensation for damages by asserting a claim of negligence. There are four basic elements to the tort of negligence (duty, breach of duty, damages, and proximate causation). The plaintiff has the duty to prove each element by a preponderance of the […]
Massachusetts Court of Appeals Rejects Breach of Contract Suit Against Hospital, Holding that Claim Should Have Been Pursued as Medical Malpractice Instead
When a patient is dissatisfied with treatment received from a doctor, hospital, or other medical provider, he or she may have a claim for medical malpractice. An experienced Cape Cod medical malpractice attorney can explain the process of asserting such a claim. In some instances, there may be the possibility of some other type of […]
Federal District Court Holds that Massachusetts Woman’s Malpractice Case Against the Government Lacked Jurisdiction
In order for a Cape Cod medical malpractice case to be filed in a particular court, there must be subject matter jurisdiction. Most such cases are filed in state court, but sometimes there may be jurisdiction in federal court. One such situation arises when the person who injured the plaintiff was an employee of the […]