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Massachusetts Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice, Civil Rights and Health Care Law for Massachusetts on
Q: What is the criteria a psychologist/medical professional must meet in order to involuntarily commit an adult in MA?

What must a patient present with or say before a psychologist or physician can involuntarily commit a patient? In one case, would simply stating suicidal ideation or self harm enough or must they have an active plan to hurt themselves or others? Are there strict standards or is it up to the... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Massachusetts, the criteria for a psychologist or medical professional to involuntarily commit an adult are specific and must be met with due diligence. A patient can be involuntarily committed if they are deemed to pose a risk of serious harm due to mental illness. This risk can be due to... View More

2 Answers | Asked in Medical Malpractice for Massachusetts on
Q: Do I have a case for a malpractice suit?

My dad died in 2021 from prostate cancer. It wasn’t diagnosed til it was stage 4, a month and a half before his death. Doctors didn’t order a CT scan until later in his illness despite ongoing weight loss. Also, he was on dialysis and getting a medication that could’ve caused his cancer to... View More

James A.  Swartz
James A. Swartz
answered on Feb 27, 2023

A med mal attorney will investigate, starting with the medical records. Your dad's presentations at each visit prior to the diagnosis will be important, as questions will arise regarding the what the standard of care required in terms of further examinations, testing or referrals.

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2 Answers | Asked in Medical Malpractice for Massachusetts on
Q: Do I have a case for a malpractice suit?

My dad died in 2021 from prostate cancer. It wasn’t diagnosed til it was stage 4, a month and a half before his death. Doctors didn’t order a CT scan until later in his illness despite ongoing weight loss. Also, he was on dialysis and getting a medication that could’ve caused his cancer to... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 27, 2023

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

First look into the time limitations for medical malpractice lawsuits in your state.

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1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: Can I sue the hospital that I gave birth in, for breaking my baby’s clavicle?

When I was giving birth , my baby was pulled out, but they had broken his clavicle bone in the process of doing so. It was said postpartum that he got stuck on my pelvis. The first month of my baby’s life he was in excruciating pain and it unbearable to watch. While in the hospital I was just... View More

Joel Gary Selik
Joel Gary Selik
answered on May 7, 2023

This can happen with negligence or without.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Consult with experienced attorneys.

1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: A pelvic scan showed swollen lymph nodes in groin, needle biopsy showed positive for cancerous cells, surgery removes

Nodes on one side but pathology says all negative for any cancer?

Tim Akpinar
Tim Akpinar
answered on Oct 31, 2021

A Massachusetts attorney could probably advise best, but your post remains open for four weeks. It isn't fully clear what the issue is from the brief description. It is clear you are interested in learning about your legal rights in a matter involving a surgery and a medical diagnosis. One... View More

1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: I recently had surgery, and they damaged my phrenic nerve, leaving my left diaphragm paralyzed. Can I sue?
Tim Akpinar
Tim Akpinar
answered on Oct 7, 2021

A Massachusetts attorney could advise best, but your question remains open for three weeks. Although your brief post describes a serious injury, most law firms would want to seek a medical opinion after gathering all records. One option is to reach out to med mal attorneys to discuss in further... View More

1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: Could I potentially have a malpractice claim?

Went to ER with abdominal pain. They only did a pelvic US & pregnancy test. No bloodwork. Doctor felt my stomach & said it was a gynecological issue & when I asked if it could be appendicitis he said no since the pain was lower than appendix pain. Told me to follow up with OBGYN... View More

Michael O. Smith
Michael O. Smith
answered on Jun 14, 2021

Sorry to hear about your situation and the complications you are experiencing. Clearly, you have suffered damages. The question will be whether the staff at the initial ER visit deviated from the standard level of care and due to their alleged mistake in failure to diagnosis, you were harmed.... View More

1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: What is a "Theory of negligence"? Part of a request from a Medical Insurance provider. Is this done by an attorney?

Follow up on a claim made with/against a surgeon.

Tim Akpinar
Tim Akpinar
answered on May 26, 2021

A Massachusetts attorney could advise best, but your question remains open for three weeks. In general terms, a theory of negligence is the general legal theory on which med mal cases are based. The theory involves the existence of a duty of medical care, and a breach of that duty that results in... View More

1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: During labor they put too much epidural and it went to my brain and started shutting down my organs. Is this a lawsuit?

I was rushed under anesthesia as they worked on me. I received the paperwork on this incident. Is this considered malpractice?

Tim Akpinar
Tim Akpinar
answered on May 8, 2021

I'm sorry for your ordeal. A Massachusetts attorney could advise best, but your question remains open for two weeks. But an attorney in ANY state could not really give you a meaningful answer based on these brief facts - the situation you describe calls for a medical opinion as to the standard... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Massachusetts on
Q: Is it malpractice or negligent to have someone count used needles At an exchange program?

My fiance brought in a bin of used needles and was made to open dump and count a used syringe bin by hand that wasnt hers, and she was poked by an exposed syringe in the process. What should she do about this.

The nurse was aware that the bin wasnt hers and the needles were from a hep c... View More

Tim Akpinar
Tim Akpinar
answered on Sep 8, 2020

A Massachusetts attorney could answer best, but your question remains open for two weeks. Before making that determination, an attorney would likely want to investigate the incident, including the facility's standard operating procedures and routine protocols. It's possible it could be... View More

1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: Missed preeclampsia diagnosis, stillbirth, and eclampsia, do I have a case?

I experienced swollen feet before my fifth month of pregnancy, with a documented history of preeclampsia in my family (mother). I was never treated for it through my entire pregnancy. With receiving only one sonogram at around 12 weeks and no other during my entire pregnancy. At 27 weeks, I go in... View More

Michael O. Smith
Michael O. Smith
answered on Jan 29, 2020

I am sorry to hear about your unfortunate medical situation. In order to have a medical malpractice claim, you will need to show the doctors or medical staff deviated from the standard level of medical care in your area and that deviation caused your medical conditions. You will need to have... View More

Q: if I had emergency surgery under mass health and a claim was filed, can they cancel my policy and deny my claim?

I had emergency surgery and they filed a claim, 3 months later they canceled my policy due to not verifying my address and then sent me a letter requesting correct information for the claims filed and to help them figure out how the claims can be paid correctly? im trying to respond on their online... View More

Tim Akpinar
Tim Akpinar
answered on Nov 30, 2019

Your matter is more complicated than one where a simple "yes" or "no" would do as a answer. The ideal situation would be that if your settlement is in connection with an accident where you are represented by an attorney, to have them look into the validity of the lien for an... View More

Q: My daughters father took his own life, he was severely bipolar. His doctor was trying a new med knowing he was suicidal.

He would need to be hospitalized from time to time due to manic episodes. Normally, he was not suicidal & in fact, very happy. Episodes of depression would always follow, every time his doctor would put him on a new medication and this time he told his doctor that he was severely depressed and... View More

Tim Akpinar
Tim Akpinar
answered on Oct 20, 2019

I'm very sorry for your loss. A Massachusetts attorney could advise best, but your question remains open for a week. Such a case could be difficult because today's mental health-related pharmaceuticals carry warnings that are a mile long. As a starting point, you could contact a med mal... View More

1 Answer | Asked in Products Liability and Medical Malpractice for Massachusetts on
Q: I have had herina mesh materials implanted in my abdomen and surrounding areas and have experienced extensive pain

And additional surgeries to correct the problems to no avail.

Peter N. Munsing
Peter N. Munsing
answered on Jan 8, 2019

You may have a claim. You'll want to get together the medical records then give me a call and I can give you the names of some attorneys to speak with. Ask for the records to be "electronic" records, on a CD rom--way cheaper than paper.

1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: 4 months after surgery I am having life altering complications.

I had carpel tunnel surgery on my left hand on 1/18/17. My hand became infected. It then healed. I could never really put pressure on my left hand without pain though. On 5/8/17 I was taking an boxing class, doing a push up and now my hand left hand is messed up at and above the incision site. I... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 13, 2017

You need to find out if the doctor did something wrong - consult with other doctors to find out. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

Q: I called 911 for my husband who was having trouble breathing, passing out I called 911 and they transferred me 3 times

I explained to the operator that he had been diagnosed with/ viral cardiomyopathy 3 years prior and that I think he's having heart trouble again. They asked me if I needed the fire department or the squad? I told them that I needed the squad. The operator transfered me 3 times . My husband... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 31, 2017

I would certainly suggest you contact a member of the Mass Academy of Trial Lawyers in your area. If you need the names of some, let me know.

1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: psychiatrist prescribing addicts with deadly consequences legal?

Hello,

My name is Ashley.... I was just curious if a psychiatrist prescribing a known addict his drug of choice, without following the typical protocol to prevent his relapse... Is there any liability if the user dies from overdose?

She knowingly prescribed the drug, and refilled it... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 7, 2017

A violation of standards, ethics.A criminal act? Unlikely. Malpractice--yes, but extremely tough to prove. There are patient advocate organizations. Get dates, dosages, name of drug and run it by someone.

1 Answer | Asked in Medical Malpractice and Health Care Law for Massachusetts on
Q: I am a pain patient with an exemplary personal record with my physicians. Due to a billing glitch he is not getting paid

By my insurance co. They claim his billing co screwed up, he is trying to blame my pcp. Either way he says he will discharge me if i dont get it fixed or pay it myself (ins co says i have zero liability) i do not want to go see another dr, massachusetts has been tough on pain patients recently and... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 20, 2016

Contact the insurance commissioner. You can't force the doctor to see you. It's on you to resolve it. Insurance company is correct except that you have probably signed a paper with the doctor that says that you are ultimately responsible to pay.

Find out from the insurance what...
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1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: Had a colonoscopy and started bleeding out cause polyp removal was not coterized almost died

Bp70/52 8 bags of sodium chloride xray ultrAsound catscan nuclear scan and blood transfusion do I have a case

Peter N. Munsing
Peter N. Munsing
answered on Aug 16, 2016

Depends on longterm fallout.Technically, yes. However, whether an attorney would take it is a question given that these types of cases are very expensive. I would wait until you are more out of the wods, then contact a member of the Mass Academy of Trial Lawyers like Tim Lynch. Feel free to mention... View More

1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: Without being told the risk, My wife's IUD dropped into her Abdominal cavity. Who should undertake responsibility

Without being told the risk, My wife's IUD dropped into her Abdominal cavity. Who should undertake responsibility?

Now they suggested her to do an operation to take it out.

What compensation Can I get from the clinic?

Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2016

Your wife would want to talk to a member of the Mass Academy of Trial Lawyers who handles pharmaceutical litigation. If you need some names let me know.

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