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Espinoza v. Arkansas Valley Adventures, a case from the United States Court of Appeals for the Tenth Circuit, involved a plaintiff who went on a summer rafting trip. Plaintiff hired a guide to take the family on a whitewater rafting trip in the Colorado Rockies. This trip also involved an overnight camping and rafting adventure through a popular stretch of the river known as Brown’s Canyon.

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When it was time to go on the trip, she arrived at rafting outfitter’s center and met with other participants who had signed up to go whitewater rafting that day. They were all given basic guidance on what they would need to do and were handed release of liability waivers to sign. Continue reading

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Sharkey Issaquena Community Hospital v. Anderson, a case from the Supreme Court of Mississippi, involved a patient who had a stroke and was seen at defendant’s emergency room. However, plaintiff contends that hospital did not properly diagnose the stroke and discharged him with instructions to see his primary care physician within three days.

medical-equipment-1342025-mAs a result of not being given immediate treatment for his stroke, he suffered permanent brain injury and nervous system damage, including loss of function, loss of enjoyment of life, medical bills, and pain and suffering. There were also special damages alleged as part of plaintiff’s action. Continue reading

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Harrison v. Roitmanm involved a heavily contested divorce proceeding. As part of his case, husband hired a psychiatrist as an expert to provide a psychiatric analysis of his wife. Even though the doctor had never personally examined or even met plaintiff, the doctor submitted a written report to the judge in which plaintiff was diagnosed with a personality disorder and noted she had serious mental health issues and was not likely to improve.

stethascope1Following this report, plaintiff filed a lawsuit against doctor in which she alleged that doctor committed medical malpractice by making such a negative diagnosis without ever having met plaintiff. She claimed this diagnosis caused her to suffer emotional distress. In this case, it was both negligent infliction of emotional distress and intentional infliction of emotional distress, as well as one claim of civil conspiracy. She claimed that making such a diagnosis without have personally conducted any sort of examination or even reviewing other doctors’ records was a breach of the applicable standard of care for a medical health professional in the psychiatric field. Continue reading

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In the Commonwealth of Massachusetts, there are negligence-based torts and intentional torts. A negligence tort is the most common type of claim filed in a civil personal injury lawsuit. This is when a defendant is alleged to have owed a duty of care to plaintiff, breached this duty of care, and the breach actually and proximately caused damages to the plaintiff.

varioussyringesAn intentional tort can be something like assault and battery where the tortfeasor intentionally injures the plaintiff. However, there is a different kind of intentional tort in the concept of medical malpractice known as medical battery. Essentially, whenever you go into the hospital for a medical procedure, you must give your informed consent. If you do not give your consent, then the doctor has no right to treat you.   If he or she has not consented, the contact would be considered offensive or harmful, and this would constitute a medical battery. Continue reading

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While this hasn’t been much of a winter for most of the country, it has been getting a little colder in the New England area, including in the Commonwealth of Massachusetts. One of the winter activities that is quite popular in our region is going to the ski slopes for skiing or snowboarding. While there is no question that skiing or snowboarding is an inherently dangerous activity, especially for those who are inexperienced, a ski resort is still required to take whatever reasonable steps it can to prevent foreseeable injury to foreseeable persons and property

skiing-1371473Preventing foreseeable injury to foreseeable persons and property is the duty of care owed under the common law definition of negligence in the Commonwealth of Massachusetts. One issue that arises in these cases is that, whenever you go to a ski area, you are often required to sign a waiver of any and all liability. This is either done when you sign an electronic signature pad, such as you do when picking up a prescription at your local pharmacy, or it is actually printed on the back of your lift ticket. They say that by affixing the lift ticket to your jacket, you are agreeing to the conditions of the waiver. Continue reading

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Davis v. S. Nassau Communities Hospital, a case from the New York Court of Appeals, involved a patient who went to defendant’s emergency room for treatment for a painful medical condition. Court records indicate that she drove herself to the hospital. When she arrived and was treated by doctors, she was given a narcotic opioid-based painkiller and Ativan. Ativan is a benzodiazepine like Valium or Xanax. She was given her medication at around 11 a.m.

921217_crashed_carThe common side effects for Ativan are dizziness, sedation, disorientation, and weakness. An expert testifying for plaintiff said the effect of Ativan was both hypnotic and sedative. The expert also testified about Dilaudid, which was the painkiller given to patient. This medication causes impairment of the ability to perform certain activities and makes it dangerous to drive a car.   The drug also contains an insert in the package, which says ambulatory patients (leaving the same day) should be cautioned about the dangers of driving. Continue reading

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With all the recent gun violence around the world, we have once again been hearing about efforts to increase gun control restrictions in the United States, and we have been hearing from those who oppose gun control. Regardless of one’s personal feelings on gun control, there is no question that guns are a big issue in the country, as well as big business. Even in the Commonwealth of Massachusetts, where there have been substantial gun control laws for many years, there are still many residents who strongly support one’s right to own firearms.

used-pump-action-shotgun-1-1454122There are still many guns sold in our state, and some of those of guns are sold at gun shows held at conference centers and hotels across the Commonwealth. At the shows, buyers can look at guns and firearms-related products, and, if they have a valid Firearms ID card, or FID card, they may purchase certain firearms. While anyone is allowed to show up at these events with their own firearm, assuming they have a permit, they are supposed to not carry around any loaded weapons to prevent a serious personal injury or death. Continue reading

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Any personal injury lawsuit filed in the Commonwealth of Massachusetts often involves significantly more complexity than other types lawsuits if a plaintiff suffered a traumatic brain injury (TBI). It doesn’t matter whether the lawsuit is filed under a negligence-based theory or intention torts-based theory, such as assault and battery, because, regardless of causation, proving damages will require extensive medical documentation and expert testimony.

457973__1One of the reasons for this is that, despite all doctors have learned about the human brain and traumatic brain injury in the last decade or so, there is still much doctors and researchers do not understand. However, there is no question that there have been tremendous strides in the fields of neurology and neurosurgery, and this is largely due the large number of serious brain injury cases during recent wars in Iraq and Afghanistan. While war and injuries are clearly nothing new, this war marks the first time in our history that the military had the technology to effectively evacuate many of the casualties and get them in an operating room within a matter of minutes or hours. In past wars, such as Vietnam, the wounded soldiers were not evacuated in time and died from their injures. Today, we have many more survivors, but that often means survivors with a traumatic brain injury. Continue reading

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This time of year, many people will be heading outdoors and taking advantage of the many exciting activities available in the fall and winter in Massachusetts. Two of the more popular activities are snowmobiling and riding ATVs. While ATVs are often used in the summer, many people use them on snow as well, and this can certainly be exciting.

mhitxxOHowever, using an all terrain vehicle (ATV) or snowmobile can be very dangerous as well, and they have been the cause of a significant amount of personal injury, especially among children. While, from a factual standpoint, the cause of most of these accidents involves falling off an ATV or running into a low tree branch, there are variety of different legal theories of causation that can be used in a personal injury lawsuit; however, we are still generally dealing with a negligence case. Continue reading

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Each year, approximately 12,500 new spinal cord injuries will occur within the United States. The National Spinal Cord Injury Model System explains these statistics do not reflect the number of people who die at the scene of accidents as a result of spinal injuries. Males account for 80 percent of new spinal cord injury patients, and the average age at which a person sustains a spinal cord injury is 42 years old. This is a 29 year increase in average age since the 1970s. access-w3c-1423514

Spinal cord injuries are permanent when they occur, and can cause profound changes to the lives of victims and their families. Treatment of spinal cord injury is limited and is often focused on managing symptoms and conditions resulting from full or partial paralysis. However, Reuters reports there is new research currently underway which may be showing promise for improving treatment options.

New Research Leading to Advances in Spinal Cord Injury Treatment

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1 International Pl Unit 1810
Boston, MA 02110
Phone: (617) 777-7777Fax: (617) 722-9999
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60 Court St
Taunton, MA 02780
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Disclaimer – The settlements above are only a sample of cases represented by our office. Each case is different and the amount of a potential resolution of your case will vary considerably depending on a substantial amount of factors. Some case results were worked in conjunction with partnering law firms.

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