Posts tagged negligence

• Falling Down Stairs

  Ken Margolin | February 15, 2007 7:00 AM | 0 CommentsBoston, MA Category: Head & Brain Injuries
  

  Falling down a flight of stairs or even a few steps can cause serious injuries. Broken bones, head injury, and other trauma can result. In determining whether a stair injury case should result in a lawsuit, a number of factors need to be determined in addition to the severity of the injury. Stair injury cases are a form of premises liability litigation. Stair design is one factor to be analyzed....

• Nursing Home Ratings

  Bruce Bierhans | January 04, 2009 12:42 PM | 0 CommentsEastern Massachusetts, MA Category: Nursing Home & Elder Abuse
  

  Believe me...when I wrote my last post on Nursing Homes in my Cape Cod Barrister blog on Cape Cod Today, I had no idea that nursing home grading would be the headline story in the Cape Cod Times...

• Charitable Immunity is Unjust

  Ken Margolin | September 19, 2007 7:00 AM | 0 CommentsBoston, MA Category: Medical Malpractice
  

  Protecting charitable organizations from liability for the negligence of the organization or its employees, may sound noble, but is in fact, unfair. The immunity doesn't really accomplish its goals, and insures that employees of an organization involved in a personal injury lawsuit, will be sued instead of the organization. Here's the way it works in Massachusetts. By statute, M.G.L. c. 231,...

• A $12Million Verdict and Negligent Entrustment

  Bruce Bierhans | September 09, 2010 12:34 PM | 0 CommentsEastern Massachusetts, MA Category: Automobile Accidents
  

  For those of us that have represented plaintiffs' in personal injury cases in Norfolk County, we know before we open our mouths, that the odds are 9-1 against us. Those have been the statistics for...

• Hemophilia and AIDS: William Modestino, Jr. Tribute to a Son

  Bruce Bierhans | May 08, 2009 2:16 PM | 0 CommentsCape Cod, MA Category: Miscellaneous
  

  As I read the corporate blather this month about tort reform, I am reminded of a case I tried in May and June of 2001. It was about Bill Modestino, Jr. a courageous young man and hemophiliac that...

• Nursing Home Neglect Settlement

  Ken Margolin | June 07, 2007 2:00 PM | 0 CommentsBoston, MA Category: Nursing Home & Elder Abuse
  

  A significant settlement in a disturbing case of nursing home neglect, was reported in this week's Massachusetts Lawyers Weekly. A generally healthy, active, older women (exact age unspecified in the report), entered the nursing home for rehabilitation after a compression fracture. Darvocet, which the woman was taking for pain, has a known side effect for many people, of constipation. Despite...

• Hospital Falls

  Ken Margolin | September 17, 2007 3:45 PM | 0 CommentsBoston, MA Category: Head & Brain Injuries
  

  A great deal of attention has been paid lately - rightfully so - to the subject of infections contracted in hospitals. Less focus has been placed on another source of serious and preventable injuries in hospitals - falls. The result of a fall down injury in a hospital may be severe. Patients are ill and often debilitated or disoriented to begin with. If a patient's condition presents any...

• Nursing Homes and Predatory Litigation/Your Home Isn't Safe!

  Bruce Bierhans | March 21, 2009 6:36 PM | 0 CommentsEastern Massachusetts, MA Category: Nursing Home & Elder Abuse
  

  CAUTION: TRUE STORY AHEAD! In 2003, a mother and father in Stoughton conveyed their modest home to their two sons and retained a life estate (a right to live in the home until their deaths). The...

• Nursing Home Ratings

  Bruce Bierhans | January 04, 2009 12:40 PM | 1 CommentCape Cod, MA Category: Nursing Home & Elder Abuse
  

  Believe me...when I wrote my last post on Nursing Homes in my Cape Cod Barrister blog on CapeCod Today, I had no idea that nursing home grading would be the headline story in the Cape Cod Times just...

• Reported Physical Abuse in Nursing Homes Declines

  Ken Margolin | August 22, 2007 7:00 AM | 0 CommentsBoston, MA Category: Nursing Home & Elder Abuse
  

  There was some good news in a 2005 study from the National [Nursing Home] Ombudsman Reporting System ("NORS"). Complaints involving physical abuse in nursing homes decreased from 5,426 in 1998 to 4,137 in 2005. According to the report, complaints of nursing home physical abuse ranked 19th out of 128 categories of complaints relating to nursing home conditions.While any decline in numbers of...