Case Archives: Professional Malpractice

Arcand v. Evening Call Publ’g Co., 567 F.2d 1163 (1st Cir. 1977)

The phrase, “Is it true that a Bellingham cop locked himself and a female companion in the back of a cruiser in a town sandpit and had to radio for help?” was printed in a Rhode Island newspaper.  Since the statement defamed an unidentified member of the police force, who was merely one of 21 officers in that force, it did not give rise to a cause of action.

Dentist’s failure to diagnose benign tumor

Settlement for 10-year-old patient whose tumor doubled in size as a result of delay in diagnosis.

Improper transport of patient

Settlement reached against a transportation company which dropped a disabled 77-year-old plaintiff off at base of driveway instead of escorting him to his door. Patient fell while walking to door.

In re an Attorney, 392 Mass. 827 (1984)

A private reprimand was issued to three attorneys who deposited clients’ funds in a commingled account, and had used those funds in violation of Rule 3:07, DR 9-102, of the Supreme Judicial Court.

In re Bonin, 375 Mass. 680 (1978)

The Chief Justice of the Superior Court was publicly censured for improper conduct, which created the appearance of bias, impropriety, and special influence.

In re Ring, 427 Mass., 186 (1998)

An attorney who repeatedly disobeyed court orders in a divorce action initiated by his wife was disciplined.

Irwin v. Commissioner of Dep’t of Youth Services, 388 Mass. 810 (1983)

By enacting G. L. c. 258, The Commonwealth has not waived its Eleventh Amendment right of immunity to suit in Federal courts.

Karlin v. Massachusetts Turnpike Auth., 399 Mass. 765 (1987)

Sugarman lawyers won appeal, which established that the Turnpike Authority was not immune from a suit in which it caused a quadriplegic injury, and that the amount of recovery was not limited by statute.

McStowe v. Bornstein, 377 Mass. 804 (1979)

Established precedent allowing legal malpractice suits to continue after the death of the defendant’s attorney.