Cape Cod Injury Lawyer BlogBeing the victim of professional malpractice can be doubly difficult. First, there is the harm caused by a negligent Cape Cod doctor, nurse, or other provider. This alone can be substantial, expensive to rectify (if this is even possible), and life-altering. Then, there is the emotional difficulty of accepting that someone you trusted to help […]
Articles Posted in Medical Malpractice
Massachusetts Appellate Court Affirms Dismissal of Medical Malpractice Litigant’s Case for Failure to Prosecute
Cape Cod medical malpractice cases have some special requirements that other types of negligence cases do not. One of these is the filing of an offer of proof that is presented to a three-person tribunal that will determine whether the plaintiff has enough evidence to raise a legitimate question as to the defendant(s)’ liability for […]
Massachusetts Court of Appeals Affirms $2.5 Million Gross Negligence Verdict in Hiatal Hernia Medical Malpractice Case
Not every bad result in an operating room or emergency treatment center results in a finding of medical negligence. After all, some patients have medical conditions that may not respond to treatment, and some have diseases or injuries for which there is no cure. However, if a particular patient could have been saved through the […]
Massachusetts Court of Appeals Reverses Summary Judgment on Battery Claim in Medical Malpractice Case
Most Cape Cod medical malpractice lawsuits are based on the principles of negligence law. To prove negligence, the plaintiff must prove that the defendant healthcare provider breached the applicable standard of care and that this breach was the proximate cause of the damages for which he or she seeks monetary compensation. In addition to negligence-based […]
Medical Malpractice Case Dismissed For Failing to Comply With Massachusetts Statute of Limitations
If you believe that you or someone in your family has been hurt by the negligence of a doctor, hospital, or other health care provider, you probably have several questions. “How do I file a claim?” “How do I prove my case?” “If I win, how much will the judgment be?” Another important question – […]
Massachusetts Appeals Court Affirms Defense Verdict in Medical Malpractice Case, Despite Juror’s Comment During Expert Witness’s Testimony
Most Cape Cod medical malpractice cases are settled out of court, but some do proceed to trial. During trial, it is likely that at least a couple of expert medical witnesses will testify, one on behalf of the plaintiff and one on behalf of the defendant. Because a lot can hinge on the testimony of […]
Massachusetts Court Says Medical Malpractice Case Concerning Death of Woman Can Move Forward
Massachusetts medical malpractice law requires that a party who is seeking to assert a claim of negligence against a health care practitioner provide proof of his or her claim before a malpractice review tribunal before his or her case can proceed to a regular court of law. If the tribunal does not find enough evidence […]
Massachusetts Court Finds that Plaintiff in Medical Malpractice Lawsuit Presented Enough Proof to Reviewing Tribunal to Move Forward to Trial as to Some Defendants
Filing a Cape Cod medical malpractice lawsuit is a multi-step process. Unlike other types of negligence cases (such as those stemming from car crashes or slip and fall accidents), a plaintiff must first present his or her proof to a reviewing board. If this tribunal does not find that the plaintiff has presented sufficient evidence […]
Federal Court of Appeals Dismisses State Law Negligence Claim Against Prison Doctor Without Prejudice
When someone acts carelessly and causes harm to another, a negligence claim may lie under Massachusetts law. In some situations, the injured individual may have another claim as well. For example, the plaintiff in a recent case filed in federal court alleged that she had been the victim of negligence with regard to certain medical […]
Massachusetts Appeals Court Affirms Dismissal of Medical Malpractice Case
If you or someone in your family has suffered harm at the hands of a medical professional, such as a doctor or nurse, you should know your legal rights – and your obligations at trial. It is important to note that the plaintiff has the burden of proof in a medical negligence case, meaning that he […]