Massachusetts Medical Malpractice Medical Malpractice Lawyers Massachusetts Lawyers
Home Page   |   Do I Have a Case?   |   Research Your Doctor   |   Legal Disclaimer
Medical Malpractice
Amputations
Birth Injuries
Doctor Errors
Drug Interactions
Elder Abuse
Foreign Objects Left in Body
Hospital Negligence
Medication Errors
Nerve Damage
Nursing Home Negligence
Psychiatric Malpractice
Review
Shoulder Dystocia
Unnecessary Surgery

Medical Malpractice Misdiagnosis
Cancer
Heart Attacks
Birth Injury


If you would like to receive information regarding potential new lawsuits, class actions, lawsuit settlements and large verdicts, please enter your name and email address below, and press "submit".









M.G.L.A. 231 § 85. Comparative negligence
Medical malpractice

"Administrative," "ministerial," or "routine" hospital negligence cases, as distinguished from "medical" or "professional" cases, do not call for paraphernalia of experts, and complications brought in by such testimony might on occasion distort rather than improve jury's judgment. Bennett v. Winthrop Community Hosp. (1986) 489 N.E.2d 1032, 21 Mass.App.Ct. 979. Health  821(1)

Negligence of a physician who practices a specialty consists of a failure to exercise a degree of care and skill of the average qualified physician practicing that specialty, taking into account the advances in the profession and the resources available to the physician. Stepakoff v. Kantar (1985) 473 N.E.2d 1131, 393 Mass. 836. Health  621

When employer retains physician to examine employees, generally no physician- patient relationship exists between employee and doctor; however, physicians in such situations must still exercise reasonable care and skill in their relationship with employees. Bratt v. International Business Machines Corp. (1984) 467 N.E.2d 126, 392 Mass. 508. Health  709(2)

Doctrine of comparative negligence, which was first incorporated into the law by St.1969, c. 761, § 1, 1969 amendment of this section did not apply to medical malpractice action arising out of death that occurred in 1966. Campbell v. Thornton (1975) 333 N.E.2d 442, 368 Mass. 528. Health  605

 

Copyright © 2003 Massachusetts Medical Malpractice Lawyers .com. All rights reserved. Boston Web Site Design