In a concerning development that has raised alarms in the medical community, Salem Hospital in Massachusetts recently disclosed a significant health scare involving the potential exposure of nearly 450 patients to bloodborne pathogens, including HIV, hepatitis B, and C. This incident, stemming from endoscopy procedures conducted over two years, has…
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…
In Massachusetts medical malpractice law, the “loss of chance” doctrine permits recovery of damages for the destruction or reduction of the prospect of achieving a more favorable outcome. Plaintiffs are the ones who bear the burden in these cases of showing that the physician or other medical professional: Deviated from…
In Parr v. Rosenthal, a case from the Massachusetts Supreme Judicial Court, the plaintiffs had filed a medical malpractice case against the defendants in the Superior Court. In the Commonwealth of Massachusetts, The Supreme Judicial Court (SJC) is our state supreme court and the Superior Court is our highest level…
When a soon-to-be mother went to the hospital at 2 a.m., her pregnancy full-term, she knew something wasn’t right. Her baby boy wasn’t moving as he had in the days and hours before. But when she got there, student resident doctors at The University of Chicago Medical Center didn’t take immediate…