In the recent case of Arsenault v. Bhattacharya, a Massachusetts appellate court considered whether the dismissal without prejudice of a medical malpractice action was appropriate. The plaintiff filed a complaint against the doctor on October 21, 2013, alleging that the doctor incompetently treated her for carpal tunnel syndrome and cervical spondylosis with radiculopathy. The…
When we go to the doctor or have a surgical procedure performed, we expect the physicians and nurses who perform the appointment or procedure to use the appropriate care. This includes not only the performance of the procedure but also preparing for it and preventing unnecessary infections. This same standard also applies…
In the recent case of Milambo v. Satlin, a Massachusetts appellate court affirmed a ruling in favor of the defense in a medical malpractice case involving the stillbirth of a child. The plaintiff in the lawsuit was the father of a child who was stillborn. The baby was delivered via Caesarian…
In any case involving the alleged wrongful death of the victim, the surviving heirs bringing the action must show that the defendant acted negligently at the time of the accident. This involves proving four separate elements: duty, breach, causation, and damages. In a medical malpractice case, the plaintiff typically must…
In Parr v. Rosenthal, the plaintiff filed suit against his physician after a radio frequency ablation (RFA) procedure on the plaintiff’s minor son’s leg. According to the plaintiff’s complaint, the procedure resulted in severe burning of the child’s leg, ultimately requiring amputation of the limb. After a trial on the matter, the…
A Massachusetts jury recently returned a verdict in a case involving an alleged birth injury that has garnered national attention. In the complaint, the parents of the child alleged that their daughter suffered injuries during birth as the result of negligent care. The daughter was age 11 at the time…
In Bradley v. Sugarbaker, a woman suffered scars on her lungs after she was involved in a car accident in 2002. Roughly two years later, the woman underwent a medical examination that revealed she may have lung cancer. The physician who performed the test was a thoracic surgeon. Shortly thereafter,…
Although most people are familiar with the concept of a hospital being held liable for medical malpractice, few are also aware that hospitals can also be held liable for a broader scope of injuries. In the recent case of Doe v. Boston Medical Center Corporation, the Appeals Court of Massachusetts was faced with the issue…
Statutes of limitations are one of the most important elements of any civil action, including personal injury cases. Like most other states, Massachusetts has enacted a statute of limitations for medical malpractice cases, providing an injured party with three years from the date the right to sue accrued to file…