medical malpractice tribunal Archives - Medical Malpractice Lawyers

Massachusetts Supreme Judicial Court Reinstates Medical Malpractice Case, Overturning Tribunal’s Decision

January 5, 2026

On July 6, 2020, the decedent, a fifty-eight year old man, presented to the emergency department at Cape Cod Hospital (CCH) via ambulance because he was unable to use his left arm. He reported that he had fallen approximately two weeks prior and did not experience pain until one week afterward. Dr. [...]

Massachusetts Appellate Court Overturns Medical Malpractice Tribunal’s Decision, Allows Hospital Fall Claim

September 23, 2023

The Commonwealth of Massachusetts Appeals Court (“Massachusetts Appellate Court”) Memorandum And Order Pursuant To Rule 23 dated June 2, 2023 held: “The findings of the tribunal are to be replaced by the decision of this court that the offer of proof of the plaintiff, if properly s[...]

Newly Discovered Evidence Does Not Save Massachusetts Medical Malpractice Case

August 19, 2021

The Commonwealth of Massachusetts Appeals Court (“Massachusetts Appellate Court”) stated in its unpublished opinion dated July 26, 2021 in a medical malpractice case: “The judge lacked the statutory authority to grant the relief requested in the plaintiff’s motion to vacate. [...]

Massachusetts Appellate Court Reverses Medical Malpractice Tribunal’s Finding Of Insufficient Proof

November 27, 2020

The Commonwealth of Massachusetts Appeals Court (“Massachusetts Appellate Court”) held in its Memorandum and Opinion entered on November 3, 2020: “A medical malpractice tribunal concluded that the plaintiff’s offer of proof was insufficient to present a triable claim of mal[...]

Massachusetts Appellate Court Reverses Medical Malpractice Tribunal’s Dismissal Of Claim

March 24, 2019

The Massachusetts Appeals Court held in its March 11, 2019 opinion that “the offer of proof of the plaintiff, if properly substantiated, is sufficient to raise a legitimate question of liability” with respect to the two medical malpractice defendant physicians in a case where the plainti[...]

Massachusetts Appellate Court Finds Plaintiff’s Offer Of Proof Sufficient, Reinstates Medical Malpractice Case

November 15, 2017

The Commonwealth of Massachusetts Appeals Court (“Massachusetts Appeals Court”) held in its Memorandum and Order entered on October 13, 2017 that the dismissal of the plaintiff’s medical malpractice case after a medical malpractice tribunal determined that the plaintiff’s off[...]

Massachusetts Medical Malpractice Tribunal Finds Fault In Maternal Death Case

May 25, 2016

A Massachusetts medical malpractice tribunal consisting of a judge, a lawyer, and a medical professional has determined that a hospital and six of seven named medical providers are responsible for the death of a woman during childbirth. The tribunal gave its blessing to the Massachusetts medical m[...]

Massachusetts Appellate Court Vacates Dismissal Of Kidney Transplant Recipient’s Medical Malpractice Claim

April 21, 2016

On April 11, 2016, the Commonwealth of Massachusetts Appeals Court (“Appellate Court”) vacated a medical malpractice tribunal’s dismissal of a kidney transplant medical malpractice lawsuit from the recipient regarding an infected kidney that was transplanted into her, holding tha[...]

Massachusetts Medical Malpractice Tribunal Sides With Surgeon

January 30, 2016

On December 7, 2015, a Massachusetts medical malpractice tribunal sided with a Massachusetts surgeon who had been accused of medical negligence in the performance of a laparoscopic cholecystectomy that allegedly led to internal injuries involving the patient’s ducts connected to her gallbladd[...]

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