Many hospitals receive federal funding. Thus, if an employee of a federally funded hospital commits medical malpractice, any claims for damages must typically comply with the requirements of the Federal Tort Claims Act (FTCA). For example, the plaintiff must set forth the evidence in support of the claim that a…
People typically rely on their health care providers to be competent and provide them with adequate care. Sadly, though, many doctors fail to exercise sound judgment when treating their patients, and their negligence causes considerable harm. People injured by medical malpractice can recover damages, though, if they can prove that…
In Massachusetts, the law requires any person wishing to pursue a medical malpractice action to provide a sufficient offer of proof of liability at the onset of the claim. Recently, in Moalli v. Genesis Healthcare, the Appeals Court of Massachusetts overturning a trial court’s dismissal of a claim due to insufficient proof,…
Physicians owe a duty of care to their patients, which includes the duty to provide the patient with the information needed to make intelligent and informed decisions regarding potential treatment, and a doctor that violates this duty can be held liable for medical malpractice. When the patient is a child,…
Typically, a plaintiff in a Massachusetts medical malpractice lawsuit will assert a negligence claim against the defendant, but in cases in which the defendants’ acts were especially egregious, the defendant may not only be held liable for negligence, but also for gross negligence. In a recent Massachusetts case in which…
Many people entrust the care of their loved ones to a nursing home. Unfortunately, many nursing homes provide inadequate care resulting in nursing injuries and illnesses to nursing home residents. While nursing homes and their medical staff can be held liable for providing negligent care, it is important for anyone…
In most Massachusetts personal injury cases, the injured party is free to pursue damages from the party that caused his or her harm, as long as certain procedural requirements are met. In cases in which the person that caused the alleged harm is an employee of the federal government, however,…
In Massachusetts, medical malpractice cases are handled differently than other civil lawsuits, in that the plaintiff must first present evidence of the defendant’s malpractice to a tribunal which will determine if the plaintiff has proffered sufficient evidence of liability to allow a case to proceed. Recently, the Appeals Court of…
In medical malpractice cases, as in all civil claims, the plaintiff must set forth appropriate facts to raise a question of liability as to the defendant medical care providers. Unlike other civil cases, however, the sufficiency of the evidence set forth in a medical malpractice lawsuit is assessed by a…
No matter how strong a plaintiff’s case, if he or she fails to file a lawsuit within the time period set forth by the applicable statute of limitations, he or she may be precluded from pursuing a claim. While there are some exceptions to the statutory limitations period they only…