I found the following post on the Atlanta Injury Law & Civil Litigation Blog which makes reference to a report published in the May issue of the Michigan Law Review about how, and why doctors have the advantage in medical malpractice trials. Here is the post: A report which will be published in May in […]

No. As is the case with auto accident, slip and fall, dog bite, and all other personal injury settlements, medical malpractice settlements are not taxable in Massachusetts. The reason such settlements are not taxable is because they are intended to put the injury victim in the position they were in before the accident. Receiving a settlement is not […]

Here is an excellent op-ed article from yesterday’s (March 19, 2007) Boston Globe written by Massachusetts doctor Jerome Groopman, M.D.  The article provides explanations as to why doctors make mistakes in Massachusetts. Unfortunately, these mistakes often lead to medical malpractice claims against these doctors. Here is the article: Five years ago, a woman named Leslie developed indigestion, […]

Massachusetts medical malpractice causes harm and even death to many innocent Massachusetts residents each year. Also, on a national level, medical malpractice occurs with alarming frequency. Here is some information I found at personalinjuryfyi.com regarding the prevalence of medical malpractice across the country each year: “Medical malpractice is now considered between the fifth and eighth leading cause of death […]

That is a very difficult question which often cannot be answered with real accuracy. Here is a good article provided by freeadvice.com on common factors used to determine the relative value of a medical malpractice case: Jurisdiction: Where the injury occurred can sometimes have as much to do with the amount of damages or settlement you can […]

All medical malpractice cases in Massachusetts have a statute of limitations of three years. But, sometimes the malpractice is hard or impossible to detect. Therefore, in such cases, the statute of limitations begins, or accrues when the victim learns or reasonably should have learned of the malpractice. But, no Massachusetts medical malpractice case can begin […]

Massachusetts medical malpractice cases are taken on a contingency fee basis. What that means is that your attorney(s) will take a percentage of any settlement or verdict amount that is recovered in your case. In Massachusetts, there are caps on the amount of these contingency fees in medical malpractice cases. They are the following: 40% […]

As you may or may not know, most Massachusetts medical malpractice plaintiffs lose in court. In fact, roughly 90% of Massachusetts medical malpractice cases that go to trial are won by the defense. The truth is that Massachusetts jurors are hesitant to find against a doctor.  The bottom line is that it is extremely difficult to successfully […]

Former New England Patriots offensive coordinator Charlie Weis’ medical malpractice trial resulted in a mistrial this week. Weis’ attorneys moved for a mistrial after one of the jurors collapsed in the courtroom. The defendant doctors, upon seeing the juror collapse, rushed to the juror to provide aid. Upon seeing this unfold, Weis’ attorney moved for a mistrial […]

Former New England Patriots offensive coordinator Charlie Weis, who now is the head football coach at Notre Dame, has a medical malpractice trial starting in the Suffolk Superior Court in February, 2007. The case stems from a botched gastric bypass surgery performed in 2002.  Here is an article on this case provided by WBZ News Radio […]