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Articles Posted in Wrongful Death

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Federal Massachusetts Case Reveals Unique Path to Recovery for Daughter’s Death

In Escobar vs. Universal Health Services, a Massachusetts couple’s daughter was treated at a counseling service that participated in the Medicaid program, MassHealth. The parents took their daughter, who was a MassHealth benefits recipient, to this service after she experienced behavioral problems at school. The daughter was treated by staff…

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First Circuit Addresses Deceased Massachusetts Asbestos-Related Claim

Personal injury suits in Massachusetts that involve cancer are typically medical malpractice actions that involve a misdiagnosis or negligent care. One specific type of cancer, mesothelioma, has a unique status due to the history of employees suffering negligent and reckless asbestos exposure at the hands of their employer or a…

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Who Is Held Accountable for Operating Under the Influence Injuries Under Massachusetts Case Law?

With the holiday season upon workers and residents of Massachusetts, it is important to remember to stay safe when traveling to and from festivities during the holidays. Several establishments and events serve alcohol, and other drivers may become reckless by driving while intoxicated or become distracted by texting others, which…

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United States District Court of Massachusetts Allows Widow of Deceased Athlete to Pursue Part of Claim Against Triathlon Organization

Assumption of the risk is a term you may have heard while participating in an activity that is either strenuous or involves an amount of danger. A company may ask you to sign a waiver of liability before you or a friend bungee jumps or rides across a zip line.…

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Federal Case Highlights the Importance of Understanding Statutes of Limitations in Medical Malpractice Actions

When you seek medical care in Massachusetts, you expect the procedure or treatment to help you heal. However, if a physician’s or hospital’s actions lead to medical malpractice, it can worsen prior health conditions or result in death. A 2014 Federal First Circuit Court of Appeals case, Sanchez v. United…

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Massachusetts Supreme Judicial Court Decision Provides Guidance as to Whether the Workers’ Compensation Act Precludes Recovery Under the Wrongful Death Act

In Massachusetts, if someone dies due to the negligence of another, recovery for damages like lost wages, loss of companionship, and funeral expenses may be available through the Wrongful Death Act. The Wrongful Death Act allows recovery if a willful, wanton, or reckless act caused the death of a person…

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