In a typical Cape Cod personal injury lawsuit, the plaintiff seeks to recover monetary compensation for damages by asserting a claim of negligence. There are four basic elements to the tort of negligence (duty, breach of duty, damages, and proximate causation). The plaintiff has the duty to prove each element by a preponderance of the…
Continue reading ›When a patient is dissatisfied with treatment received from a doctor, hospital, or other medical provider, he or she may have a claim for medical malpractice. An experienced Cape Cod medical malpractice attorney can explain the process of asserting such a claim. In some instances, there may be the possibility of some other type of…
Continue reading ›In order for a Cape Cod medical malpractice case to be filed in a particular court, there must be subject matter jurisdiction. Most such cases are filed in state court, but sometimes there may be jurisdiction in federal court. One such situation arises when the person who injured the plaintiff was an employee of the…
Continue reading ›Being the victim of professional malpractice can be doubly difficult. First, there is the harm caused by a negligent Cape Cod doctor, nurse, or other provider. This alone can be substantial, expensive to rectify (if this is even possible), and life-altering. Then, there is the emotional difficulty of accepting that someone you trusted to help…
Continue reading ›Cape Cod medical malpractice cases have some special requirements that other types of negligence cases do not. One of these is the filing of an offer of proof that is presented to a three-person tribunal that will determine whether the plaintiff has enough evidence to raise a legitimate question as to the defendant(s)’ liability for…
Continue reading ›Not every bad result in an operating room or emergency treatment center results in a finding of medical negligence. After all, some patients have medical conditions that may not respond to treatment, and some have diseases or injuries for which there is no cure. However, if a particular patient could have been saved through the…
Continue reading ›Most Cape Cod medical malpractice lawsuits are based on the principles of negligence law. To prove negligence, the plaintiff must prove that the defendant healthcare provider breached the applicable standard of care and that this breach was the proximate cause of the damages for which he or she seeks monetary compensation. In addition to negligence-based…
Continue reading ›If you believe that you or someone in your family has been hurt by the negligence of a doctor, hospital, or other health care provider, you probably have several questions. “How do I file a claim?” “How do I prove my case?” “If I win, how much will the judgment be?” Another important question –…
Continue reading ›Most Cape Cod medical malpractice cases are settled out of court, but some do proceed to trial. During trial, it is likely that at least a couple of expert medical witnesses will testify, one on behalf of the plaintiff and one on behalf of the defendant. Because a lot can hinge on the testimony of…
Continue reading ›Massachusetts medical malpractice law requires that a party who is seeking to assert a claim of negligence against a health care practitioner provide proof of his or her claim before a malpractice review tribunal before his or her case can proceed to a regular court of law. If the tribunal does not find enough evidence…
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