Boston Personal Injury Attorney Blog

June 4, 2014

Lawrey v. Kearney – Medical Malpractice Witnesses Must be Chosen With Care

A baby girl suffered permanent nerve damage to her right arm and shoulder, following a traumatic birth in which her mother claims the attending physician was negligent.

Boston birth injury attorneys recognize that one of the most critical components in these kinds of cases is presentation of appropriate expert witness testimony. It’s not enough to show the actions of the doctor proximately caused the injury to the child, as would be the standard in an ordinary negligence claim. Rather, the testimony of a similarly-situated medical professional must establish that the defendant’s actions breached the acceptable standard of care.

The case of Lawrey v. Kearney Clinic, P.C., et al., reviewed recently before the U.S. Court of Appeals for the Eighth Circuit, is a prime example of what can happen when the plaintiff’s chosen medical expert fails to lay this foundation in his or her testimony.
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June 2, 2014

Walker v. Collyer – Non-Signatory Can’t be Forced to Arbitrate, Mass. Court Rules

by Jeffrey S. Glassman

Usually when we come across the issue of nursing home arbitration agreements, we are looking at it from the perspective of the patient and his representatives attempting to avoid an arbitrator and instead take the case to court.

The reason is because most of these forced nursing home arbitration clauses contain lots of fine print, and it essentially minimizes the facility’s risk of being held responsible for negligent action, which is typically better suited to determination by a judge and/or jury. Most people don’t realize these agreements often amount to forfeiture of many of the rights that would otherwise be afforded. Boston nursing home negligence lawyers have strategies for successfully striking down these agreements, including arguing that the agreement is unconscionable (inherently unfair) or that the party who signed it on behalf of the patient wasn’t legally authorized to do so.

The recent case of Walker v. Collyer, before the Massachusetts Court of Appeals, was different in that it involved an attending physician at a nursing home attempting to avoid being compelled to participate in arbitration with the widow of a deceased patient, per the terms of an agreement signed by the patient and the facility.
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May 23, 2014

Wilkins v. City of Haverhill – Massachusetts Supreme Court Weighs Slip-and-Fall Claim

by Jeffrey S. Glassman

The Massachusetts Supreme Court has reversed an earlier judgment in favor of a city/ landowner in a slip-and-fall negligence case, wherein a mother attending a parent-teacher conference was seriously hurt after slipping and falling on ice.

The court found in Wilkins v. City of Haverhill that the purpose of the land, as it relates to the statute, was altered at the time of the incident because it was only open to a small, discrete group during those hours. Had it occurred during normal business hours, the result may have been different.

Boston fall accident attorneys understand at the center of this case is Mass. Gen. Laws ch. 21, 17C. This statute bars claims of ordinary negligence against any landowner (including a government landowner) that has opened the land for use by the public for purposes of education, recreation, conservation, religious activities (as well as a few others) without charging any sort of fee.
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May 21, 2014

Massachusetts SJC Allows Medical Malpractice Claim to Proceed

by Jeffrey S. Glassman

A family alleging the death of a loved one due to a bacterial infection caused by improper insertion of a feeding tube will be allowed to continue with its claim, according to a recent ruling by the Massachusetts Supreme Judicial Court.

In Estate of Gavin v. Tewksbury State Hosp., the court was faced with whether the proper requirements to bring a medical malpractice for wrongful death under M.G.L. c. 258, § 4(§ 4) had been met. The trial court ruled that those requirements had not been met. A divided appellate court affirmed. The SJC, however, reversed and remanded.

Boston medical malpractice lawyers know that these types of cases require special consideration because both the technical requirements and legal threshold of proof are higher than in claims of ordinary negligence. An attorney with extensive experience in these matters can help guide you through the process.
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May 19, 2014

Liability in Fenway Park Elevator Shaft Accident

by Jeffrey S. Glassman

In a tragic accident, a young woman fell into an open elevator shaft at Fenway Park. The woman was taken to the hospital and suffered serious injuries after walking into the open-doors of an elevator shaft and falling 20 to 30 feet. This premises liability case could result in civil claims against all responsible individuals and entities, including the owners, management, or maintenance companies of Fenway Park. This case is under investigation and authorities are still not sure of the causes.

Premises liability cases arise when a residential or commercial property owner fails to cure dangerous conditions, warn entrants of defects, or when failure to maintain causes an injury or fatality. Our Boston premises liability and personal injury lawyers know elevator accidents like these are more common than many people realize. And among the most common causes is a person stepping through the doors into an empty elevator shaft.
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May 15, 2014

Summer Swimming Pool Safety in New England

by Jeffrey S. Glassman

This spring and summer, Bostonians and New Englanders will be pulling back their pool covers and prepping for swimming season. Opening residential pools for the season means backyard parties, fun with kids, and plenty of sun. While preparing to open your pool for the summer, it is important to remember safety guidelines to prevent accidents, injuries and drowning. Remember, pool owners also have a duty to follow certain laws and regulations to avoid liability. According to the

May 12, 2014

May is Motorcycle Safety Awareness Month

by Jeffrey S. Glassman

Boston motorcyclists have been waiting through a long winter to get back on their bikes. As the season warms up, the National Highway Traffic Safety Administration (NHTSA) wants to remind bikers and motorists to share the road and stay safe. May is Motorcycle Safety Awareness Month, a time for riders and drivers to remember to share the road, follow laws, and stay abreast of safety protocol to stay accident-free this riding season.

Motorcycle Safety Awareness month is an opportunity to remind all drivers and riders that we have a responsibility to be aware of other vehicles on the road. Taking this time to remember to driver safely can help prevent future accidents, injuries, and fatalities. Our Boston motorcycle accident attorneys are dedicated to protecting the rights of victims. We are also abreast of safety initiatives and directives focused on keeping Massachusetts riders safe. If you or someone you love has been injured in a motorcycle accident, our legal team is also prepared to aggressively defend your interests to recover the compensation necessary in the wake of a serious collision.
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May 9, 2014

Laurel v. Prince – Injury Must Be Clear in Medical Malpractice Claims

by Jeffrey S. Glassman

There is no doubt that medical professionals across the spectrum make mistakes each and every day, with a recent study published in the Journal of Patient Safety asserting that some 440,000 patients die annually from preventable harm in hospitals.

However, Boston medical malpractice lawyers recognize that not every health care mistake will form a strong enough basis for a lawsuit. Even proof of a serious error won’t go far if the claimant can’t clearly show how he or she suffered as a result of that mistake.

Of course, no lawyer can guarantee you a courtroom win, but one with experience should be able to give you a fairly accurate projection based on the facts of your case. One of the things we will analyze closely is the extent to which the medical error proximately caused you harm. We will be looking at the extra time you spent in the hospital, your lost wages from additional time off work, the physical, financial and emotional burden your illness or condition placed on your family, the cost of ongoing treatments or medication and whether the condition is permanent or will require follow-up well into the future.
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May 4, 2014

Severe Lawnmower Injuries in New England May Warrant Lawsuit

by Jeffrey S. Glassman

Mowing the lawn is considered by many to be among the most mundane suburban summer homeowner chores. Our personal injury lawyers in Massachusetts know it’s also one of the most dangerous.

Although millions use these devices routinely without a problem, the U.S. Consumer Product Safety Commission reports that some 253,000 people are treated in hospital emergency rooms annually due to lawnmower injuries. Of those, roughly 20,000 are children.

Operators of these powerful machines have a duty to ensure they are in good working condition, that their yards are free of any obvious hazards that could cause injury if contact is made with the blade and that children in their care are at a safe distance and properly supervised.
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May 3, 2014

Massachusetts Train Accidents A Growing Concern

by Jeffrey S. Glassman

Massachusetts State Police are investigating a fatal train accident that occurred recently in Chester, a rural area about two hours west of Boston in Hampden County. Sparse information was offered by officials regarding the circumstances of the crash, in which a 23-year-old male pedestrian was killed on the tracks, but Boston train accident lawyers know that incidents like this are on the rise.

A recent USA Today analysis of federal rail data revealed that on average, a train accident occurs in the U.S. once every other day – and those figures only involve passenger and commuter trains.

Fatalities on all railroads in 2013 were reported to be around 730, representing an overall increase of 9 percent in a single year – 11 percent in railroad trespassing deaths and 8 percent in accident deaths.
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