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People often hear the term statute of limitations on television shows such as “Law and Order” when dealing with criminal cases, but rarely think of the statute of limitations terms of civil cases.  While this makes for very exciting television, the reality is that in the real world, the opposite is generally true.  Many crimes do not have a statute of limitation meaning that a person could be on the run for decades and still be tried when they return to the proper jurisdiction.

Boston Medical MalpracticeEven if a person does not return, they can often be arraigned when they are not present to toll the statute of limitation sand  stop the clock.  On the one hand, in civil case, the statute of limitations is very much a big deal, and while there are certain exceptions for people who are incapacitate for one or more reasons, the law can be very unforgiving when dealing with statutes of limitations. Continue reading

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If you have ever been treated at a hospital, you may have had to be escorted to the exit of the hospital in a wheelchair following your discharge even though you were perfectly capable of walking. The reason they do this is because they do not want to be liable if you trip and fall your way out.

Boston medical MalpracticeThere have been many incidents over the years where someone was walking down a hospital corridor and slipped and fell.  In some cases, these patients were seriously injured in the fall accident. Continue reading

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As summer comes to a close and the weather turns colder, Boston tends to get a lot of ice and snow on the sidewalks and in front of businesses. This means we can expect to see a lot of slip and fall accidents. In the Commonwealth of Massachusetts, the law operates somewhat differently than many other states and there have been some fairly recent case decisions from the Supreme Judicial Court that affect liability. The Supreme Judicial Court (SJC), is our state supreme court.

Boston personal injury lawyer One major case in the Commonwealth is Papadopoulos v. Target Corporation 457 Mass. 368. In Papadopoulos, a case involving negligence for slip and fall accidents involving snow and ice removal, the court addressed whether there must be a natural or unnatural accumulation of snow and ice. Prior to this case, there was such a distinction, but the court abolished this distinction with respect to slip and fall premises liability in snow and ice cases. Continue reading

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If a child suffers abuse or neglect at a daycare facility, there is a high likelihood police will be called. This could be because the parents called the police, but the manager at a daycare center is also a mandated reporter and must contact the police.  The Massachusetts Department of Children and Families (DCF) typically gets involved, and it may result in charges being filed against the daycare staff member or manager/owner responsible for the alleged child abuse and neglect.

Boston Personal Injury However, charges may not be filed right away.  The police and DCF may first wish to conduct and investigation.  This can include interviewing witnesses, reviewing camera footage at the daycare, examining medical records pertaining to the child, as well as speaking with parents and the child if the child is old enough to communicate. Continue reading

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There was a time when it seemed like nothing would stop the increase in football’s popularity in America. However, recent years have involved a better understanding of the serious risk of head injury the sport poses. From the professional leagues down to Pop Warner, there have been studies and anecdotes highlighting the potential dangers. We have a better understanding of concussion and traumatic brain injury occurrences in the sport, leading many parents to disavow the sport, refusing to let their child play.

It is true there is a certain level of assumed risk that comes with playing football. Some may even argue injuries are part of the game. But when serious injuries occur in a football game – or more likely, in practice – the question is who may be held liable?

Boston personal injuryThere are many incidents that can be attributed to the negligence of a coach or staff, setting the stage for a personal injury lawsuit. These incidents can range from heat stroke (allowing players to practice too long outdoors without adequate water, shade or rest) to traumatic brain injuries. Such occurrences can have a damaging and lasting effect on youth and their families. Where coaches, schools, staff or others had a duty of care to try to prevent such injuries, they may be held to account. Continue reading

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When we are dealing with a medical malpractice cases, we are typically dealing with action founded under a theory of negligence. In a standard negligence case, the elements of the tort are duty, breach, causation, and damages. The duty is a duty of due care to act as a reasonable and prudent person so as to prevent a foreseeable injury to foreseeable persons and property.

Boston medical Malpractice In the case of medical malpractice, we use the same standard, but instead of the reasonable and prudent person, we use a reasonable and prudent medical professional performing that same procedure. For example, in the case of heart surgeon preforming an operation, a surgeon is supposed to act as reasonable and prudent heart surgeon would act in performing the same procedure. Continue reading

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In Taylor v. Trimble, a case from the California Court of Appeal, plaintiff’s five-year-old son drowned in a horrific swimming pool accident. After the death of his son, he filed a complaint arguing general negligence against the defendant for failing to adequately supervise the child.

pool accidentsAccording to court records, on the date of the incident, the homeowner defendants had a social gathering that the decedent child attended with his mother. Neither the child nor the mother knew how to swim. After the child first arrived and went into the shallow end of the pool, which they named the kiddie wading area, defendant watched the child play. She watched him until the child’s grandfather arrived.  He was a captain for the Los Angeles Fire Department and said he would take over the duty of watching child while he was in the pool. Continue reading

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We have all heard of personal injury claims and seen commercials for personal injury law firms. But other than just hearing the term personal injury, and knowing that you are trying to get compensated by the person who caused your injury, not all that much else is often understood by the average personal injury victim.

The Initial Consult in Boston Personal Injury Cases

Car Accident Lawsuit During the initial consultation, the attorney will hear your story about what happened to you and how you were injured.  He or she will likely ask about what medical treatment you are receiving and find out as much information as possible.  This is a private and confidential meeting and there should be no cost to you.  If any personal injury lawyer wants to charge you for an initial consultation, this might be cause for concern. Continue reading

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When we talk about personal injury cases, we are typically talking about someone being injured through the negligence of others.  Negligence is one type of tort (a civil wrong for which the law provides a remedy), which is the most common claim in a Boston personal injury case.

Slip and Fall Boston If you are injured on someone else’s property, and the cause of your injury was largely the result the negligence of the property owner or manager, then you will likely have grounds to file a premises liability lawsuit. Continue reading

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One of the more complex types of Boston personal injury litigation is medical malpractice.  It occurs any time we go to the doctor as a serious illness could be misdiagnosed leading to serious personal injury or even death.  However, many medical malpractice cases result from incidents that occur in a hospital setting.

Boston Medical MalpracticeWhat people may not realize is that when we seek treatment at a hospital, we are in fact trusting our care to many different people – some of whom we may never see – and that there is ample opportunity for circumstances to go horribly wrong. Health care providers frequently found liable for medical malpractice are those who assist women in childbirth. In fact, one Medscape survey in 2015 noted that 85 percent of OB/GYN physicians will be sued for medical malpractice at some point in their careers.

That same survey indicated the most common reasons OB/GYNs are sued are because of:

  • Patient suffering abnormal injury;
  • Failure to diagnose;
  • Failure to treat;
  • Poor documentation of patient instruction/ education;
  • Improperly obtaining/ lack of informed consent;
  • Failure to follow safety procedures;
  • Medication errors.

These mistakes can occur during pregnancy, or at some point during labor or in the course of delivery. The impact of a medical mistake on the mother and child can be devastating and lifelong. However, the amount of time you have to file a claim is not infinite. The statute of limitations limits the amount of time you have to assert a claim.

Continue reading