Case Results
My husband’s medical condition was misdiagnosed. Who should be held responsible?
When a serious injury or even death results from a misdiagnosed condition, there are several parties that can be held liable. This includes doctors, radiologists, nurses, and pharmacists as potentially responsible parties. However, for a medical professional to be held liable for medical malpractice, there are specific legal requirements under the Commonwealth of Massachusetts law. Restrictions stipulate when a claim can be made, limit the damages, and require specific types of evidence. Failing to diagnose or misdiagnosing an illness or condition can qualify as medical malpractice if it can be proven that a doctor or healthcare provider was negligent. This
Signs it Might Be Time to Get a Divorce
The decision to divorce isn’t always cut and dry. While, in some cases, divorce is the best course of action, it remains a difficult decision. Only you know what is in your heart and the best way forward for you and your family. If you’re considering divorce, the following signs may help make your decision clear. Silence is Deadly While constant arguing doesn’t make a healthy relationship, silence can be a sign of avoidance or even lack of interest. Arguing gives you and your spouse a way to resolve issues; however, when you find there’s no fight left, you may
Criminal Law Defense Strategies
When accused of a crime, many clients want to know what strategies are available to them for defending their case. Because criminal courts require that a judge or jury determine guilt beyond a reasonable doubt, it is up to the defense attorney to use a strategy that creates such doubt in a client’s criminal case. While there are many strategies defense attorneys use to help clients receive an acquittal, the four most commonly discussed include innocence, self-defense, insanity, and constitutional violations. Innocence When accused of a crime you didn’t commit, pleading innocence may be the right strategy. Unfortunately, it’s not
Know Your Right to Recover Compensation From a Slip and Fall
When you experience a slip and fall, there are a number of Massachusetts laws and legal rules that will affect your case. Slip and fall injuries can be severe, especially during winter months when roads, walkways, and parking lots are icy. When negligence or a dangerous condition is to blame, you may be entitled to financial recovery. This article will explain two of the most important Massachusetts laws you need to be aware of as well as how to document your slip and fall incident. The first law you need to be aware of is the slip and fall statute
When to Modify Your Divorce Agreement
How long has it been since you terminated your marriage? Have your circumstances changed since then? While your divorce may last forever, your divorce agreement can change over time. There are many reasons to consider modifying your divorce agreement. Some examples include: a significant change in income that will impact child support or alimony payments a job change requiring a move needs of aging children the remarriage of the party awarded the alimony Child Support Modifications With regard to child support, you can request to modify your original order by filing a Complaint for Modification in the proper Probate and
Understanding Medical Malpractice in Massachusetts
Medical negligence is an unfortunate outcome, often attributed to an overburdened medical care system. Many parties can be held liable for negligence, from hospitals to doctors, nurses, surgeons, anesthesiologists, dentists, and pharmacists. Medical malpractice is defined as negligence in the medical care and treatment provided by a healthcare professional. There are many different types of medical malpractice claims. Injury from the following can be the result of medical negligence: failure to correctly diagnose a condition a misdiagnosed illness failure to adequately communicate with other medical providers prescribing the wrong medication or wrong dosage premature discharge or poor aftercare leaving a
Understanding Child Support in Massachusetts
Divorce cases involving children often require a court decision regarding which parent should have physical and/or legal responsibility. Whether granted joint or sole custody, physical custody designates where the child will actually live. The parent who the child resides with most of the time is considered the custodial parent. The non-custodial parent may be required to provide for a child or children in the form of child support, which is paid to the custodial parent. Strict guidelines are used by the court to determine the amount of child support to be paid. How Child Support is Determined Both parents’ income
Worcester County DUI OUI Convictions from 2011 -2018 Overturned
Worcester District Attorney will be sending more than 4,700 letters to Worcester County residents who may be entitled to a new trial after the results of breath tests used in their drunken driving (DUI OUI) cases between the years 2011 and 2018 were deemed unreliable. Anyone who receives this letter should consult a lawyer to help them decide how best to proceed. The letter contains details about the collateral damage that a guilty finding might have had on some of the defendants and the potential to request a new trial. If you were found guilty, entered into a plea agreement
Differences Between a Criminal Case and a Civil Case
Wrongdoing is addressed under two different types of cases: criminal and civil. Civil cases generally involve disputes between individuals. These cases are disputed through civil lawsuits. Criminal cases, on the other hand, are considered offenses against the state, or society as a whole. The state is responsible for prosecuting criminal cases. While there may be some overlap between civil and criminal cases, an important distinction between them are the legal standards of proof. In every case brought to trial, be that criminal or civil, one side carries the “burden of proof.” The burden of proof in criminal cases, for instance,
What to do when your ex refuses to comply with your parenting schedule?
Once you’ve completed the process of going through a divorce, settling on child support, and agreeing to a parenting schedule, you’d think you can finally move forward and start your new life. Unfortunately, this isn’t always the case. When you’re facing the frustrating reality that your ex simply won’t comply with your legally binding agreements, whether that be alimony payments or a parenting schedule, you have options. Massachusetts residents can file a complaint for contempt to address non-compliance with temporary orders and final judgments. Understanding the ins and out of contempt proceedings is an essential part of litigation in the
