Category Archives: Medical Malpractice

Personal Injury Attorney Fees – Contingent, Hourly or Set Fee? Part I

Whenever you need a lawyer, an important part of the choice is how and how much the lawyer is to be paid. Much legal work is done by lawyers based on an hourly charge or based on a set fee for a specific project. Divorce, wills and estate planning, and criminal defense…

H.R. 5 Bill Threatens Patient Safety

The U.S. House of Representatives recently passed the so-called “Help Efficient, Accessible, Low Cost, Timely, Health Care (HEALTH) Act of 2011” (“H.R. 5”). If passed into law, this H.R. 5 bill would take away the rights of injured patients by capping all compensatory damage awards for pain and suffering in…

Nursing Home Patient Neglect and Abuse

Nursing Home Liability for Patient Neglect Discussion on the quality of care in America’s nursing homes. A must read for all with family members in intermediate care. Nursing homes and other skilled nursing facilities are entrusted with the duty to take care of our elderly and disabled family members. These licensed skilled…

DePuy and Broadspire’s Handling of ASR Artificial Hip Recall Claims Raising Concerns

When DePuy issued the United States recall of the ASR artificial hip systems, it announced that it would pay for the necessary, medical replacement treatment for patients suffering complications as a result of the ASR hip.  But the manner in which DePuy is handling patient reimbursement is gaining criticism on…

Legal Claims Arising from Transvaginal Mesh

Surgical mesh is a medical device which has been used for more than three decades for hernia repair. It is made from porous absorbable or non-absorbable synthetic material or absorbable biologic material. In 1996, the FDA cleared the first mesh product for use transvaginally to treat stress urinary continence, and…

Monitor Alarm Fatigue In Hospitals

When sick or injured people receive inpatient treatment at a hospital, both they and their families expect attentive care from the medical staff and careful monitoring of their condition and health. Although hospitals would ideally be able to provide close personal supervision and monitoring to all patients, the realities of staffing…

Your Medical Malpractice Case: Here’s What to Expect – Part 3

Medical Malpractice trials begin with jury selection, a process that is both an art and a science.  In Massachusetts, cases are tried to a jury of twelve in the Superior Court and depending on the length of the trial several alternates are empanelled as well. Unlike other jurisdictions, lawyers in…

Your Medical Malpractice Case: Here’s What to Expect – Part 2

STEP FIVE:  THE FEE AGREEMENT A qualified expert has reviewed your medical records, believes your case has merit and is willing to testify in Court.  What happens next? Up to this point, our lawyers with whom you met initially have been investigating your medical malpractice case without entering into a formal…

Your Medical Malpractice Case: Here’s What to Expect

Suppose you have had a bad outcome with a procedure carried out by a doctor or some other health care provider and want to look into whether you have a medical malpractice case. Properly investigating a potential malpractice claim is a lot more involved than you may think. This blog will…

Straight Talk on Medical Malpractice Law in Massachusetts

It goes without saying that improper medical care can and does result in grave injuries and fatalities. Long-established research has demonstrated that medical errors happen with surprising frequency, even at “elite” medical institutions,  and that many if not most instances of medical errors are not reported and/or not acted upon…