Many personal injury suits in Massachusetts are filed within the Commonwealth’s court system. Some lawsuits end up in federal court if a violation of a federal law or regulation occurs, or if one or more of the parties involved in litigation reside or conduct business in another state. The injured…
In a recent decision, Boudreault v. Nine (14-P-359), a medical malpractice decision in favor of a radiologist was overturned by the Superior Court of Massachusetts. In this case, it was alleged that the doctor failed to properly interpret the patient’s mammogram results and recommend the necessary treatments. The injured woman…
Massachusetts General Laws G.L. C. 176D and G.L. C. 93A are designed to help protect the citizens of the Commonwealth from unfair methods of competition and unfair or deceptive acts or practices in the business of insurance. An injured party has a right to file a claim against the insurer…
Medical malpractice actions follow the same outline as other personal injury suits. If someone fails to uphold a duty under law and an injury occurs as a result, the at-fault party is liable to the injured party for the damages he or she sustained. In medical malpractice actions, this duty…
Massachusetts medical malpractice claims must be reviewed by a tribunal before they are allowed to proceed in the civil court system. During this review, the tribunal is made up of a superior court judge, an attorney, and a Massachusetts-licensed healthcare provider who practices in the same field of medicine in…
Personal injury suits in Massachusetts that involve cancer are typically medical malpractice actions that involve a misdiagnosis or negligent care. One specific type of cancer, mesothelioma, has a unique status due to the history of employees suffering negligent and reckless asbestos exposure at the hands of their employer or a…
To pursue a medical malpractice action in Massachusetts, an injured patient must show that there was a failure to use the generally accepted practices and procedures of a specific disease or disorder, commonly used by medical professionals in the same area of medicine, during his or her treatment. This is…
In Massachusetts, when a medical malpractice action is filed in court, the case must be submitted to the Massachusetts Medical Malpractice Tribunal (MMT) for review. The MMT was established in the mid-1970s, and it does not apply to those who present claims in a letter addressed to the healthcare provider.…