When you or your family member is in a Massachusetts car accident, the primary focus is and should be on emotional and physical recovery. Soon afterward, the concern over expenses and the ability to pay them moves into view. Even when insurance policies are in place and cover expenses, policy…
In Massachusetts, claims for personal injury must be filed within the timeline set out by the Massachusetts General Laws. Medical malpractice, personal injury, product liability, and wrongful death actions must be filed within three years of the accident or the date the injury was discovered. If claims aren’t filed within…
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…
Businesses are expected to keep their premises safe for patrons. This duty under Massachusetts law requires owners and managers of property to address known harms in frequently traversed spaces like stairwells and sidewalks. Hospitals are frequently featured in personal injury discussions, either as the ultimate destination to treat injuries caused…
In Massachusetts, the manufacturer of a product can be held strictly liable if the product was dangerous or defective enough to cause personal injury or death. With most personal injury cases, the injured party must show they were hurt by the negligent acts of another party. In strict liability cases,…
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…
In Massachusetts personal injury cases, the injured party has the burden of proof in showing that he or she was injured as a result of someone else’s negligent or reckless actions. The jury must believe by a preponderance of the evidence, or that it was more likely than not, that…
In Escobar vs. Universal Health Services, a Massachusetts couple’s daughter was treated at a counseling service that participated in the Medicaid program, MassHealth. The parents took their daughter, who was a MassHealth benefits recipient, to this service after she experienced behavioral problems at school. The daughter was treated by staff…
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…