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Medical injuries can have a devastating impact on a patient’s life. If you have suffered as a result of  inadequate or negligent medial care, our malpractice lawyers can help you get the compensation you deserve. This is a difficult area of law, and having a knowledgeable legal advocate on your side can make all the difference in your case. You can trust that we are devoted to fighting for the rights of medical malpractice victims across the state of Massachusetts.

A Massachusetts state jury recently awarded $11.5 million in a lawsuit alleging that a radiologist misinterpreted an X-ray, which directly led to a toddler suffering cardiac arrest resulting in permanent brain damage. Some time afterwards, the family of the toddler filed a case against the radiologist alleging medical malpractice. After an 11-day trial and deliberation lasting two days, a jury found that the radiologist was negligent for not properly diagnosing the patient’s enlarged heart, which appeared on a chest X-ray. The lawsuit alleged that the radiologist’s failure to react to the child’s heart problem properly ultimately caused her to suffer long-term neurological injuries. In other words, the plaintiff’s argued that had the toddler’s heart condition been diagnosed and treated properly, she would not have suffered the heart failure and cardiac arrest that led to permanent neurological injury.

In Massachusetts, medical malpractice takes place when you suffer an injury due to the negligence of a medical professional. In order to establish negligence you must show that the medical professional breached the standard of care, and that the breach caused the injury or damage in question. The standard of care denotes the generally accepted standard of a similarly qualified professional providing the same treatment. As such, the standard of care differs in every case. For instance, a family doctor will be held to a different standard of care than an ophthalmologist. Negligence can occur at various stages of treatment. Examples of medical malpractice can include misdiagnosis, delayed diagnosis, medication errors, surgical mistakes and breaches of informed consent.

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Bicycle accidents can cause devastating injuries. If you have been hurt in a bicycle accident, you may be able to seek monetary damages for your injuries and losses. Our reputable Massachusetts bike accident lawyers have over 25 years of experience and understand what it takes to advocate for your rights. We will examine the circumstances surrounding your accident and devise a legal strategy accordingly.

A 32-year-old Brewster man was left critically injured when a driver hit his bicycle and fled the scene. The incident took place just after 9:30 pm on Millstone road where the victim, when riding his bike, was hit by a vehicle – potentially a Sedan. The victim was rushed to a hospital by Medflight and has already undergone two surgeries. He was also in a coma and is now sedated. Police are still investigating the case, as the driver still has not been located. The victim’s family is pleading for information from anyone who may know anything about the crash.

Sadly, bicycle accidents happen quite frequently. The National Highway Traffic Safety Administration (NHTSA) found that 783 bicyclists died in traffic accidents in the country in 2017. As you may expect, when an accident takes place between a vehicle and a bicycle, it is the cyclist that is most likely to be hurt. Bicycle riding is very popular in parts of Massachusetts. In fact, ridership more than doubled from 2007 to 2015. The Massachusetts Bike Coalition reports that there were 10 bicyclist fatalities in 2017 and 6 bicyclist deaths in 2018.

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Tractor-trailer accidents can lead to devastating injuries, but compensation may be available. If you have been hurt in a trucking accident, you need to speak to a Massachusetts truck collision lawyer who is familiar with state and federal laws that govern trucks and truck drivers. This is a complicated area of law and having an experienced legal advocate by your side can very much impact the outcome of your case.

A tragic crash killed seven motorcyclists in New Hampshire last month, making it one of the deadliest accidents in the state’s history. Many of the victims were veterans. The accident occurred when a 23-year-old truck driver from Springfield, Massachusetts crossed a double yellow line into the eastbound lane of the highway where it struck a group of 10 motorcyclists, members of the Massachusetts chapter of the JarHeads Motorcycle Club. Seven of the motorcyclists died, while the other three were rushed to the hospital. The truck driver was charged with seven counts of vehicular homicide.

Shockingly, it was revealed that the Massachusetts Registry of Motor Vehicles (RMV) should have terminated the truck driver’s commercial license a long time ago due to a series of serious traffic infractions, the latest of which involved a drunk driving arrest one month prior to the catastrophic accident. Upon further investigation, it turns out that RMV officials ignored tens of thousands of alerts that Massachusetts-licensed drivers had broken driving laws in other states. As a result, at least 540 drivers who should have had their Massachusetts licenses suspended were able to stay on the road.

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A workplace injury can be both devastating and disruptive to a victim’s life. If you’ve been hurt while working, our Massachusetts workers’ compensation attorneys understand how much of a nightmare this situation can be, which is why we will zealously try to get you the workers’ compensation you deserve.

In a recent case, the Massachusetts Court of Appeals dealt with a case in which a live-in care provider was seeking workers’ compensation benefits for injuries that she claims were sustained while working in the home of an elderly woman. The elderly woman’s daughter had made the arrangements for the worker. The worker was given room and board in exchange for providing two hours of daily care to the elderly woman by sitting with her during the day, walking with her if she got up since the elderly woman was thought to be a fall risk, and doing other work such as washing dishes, sweeping and cleaning the bathroom. The worker stated that, in reality, she worked at least five hours a day and even up to 12 hours a day when there was no one else who could sit with the elderly woman.

One day, as the worker was walking down the stairs of the home, she fell and sustained an injury. She was no longer able to work and moved out. The worker then filed a claim with the Workers’ Compensation Trust Fund (WCTF) because the elderly woman did not carry workers’ compensation insurance. Due to a number of issues in the case, the judge determined that the worker was an employee of the elderly woman and her daughter. The judge also determined that the employee’s injury did, in fact, arise out of and was in the course of her employment. As such, the WCTF and the injured worker settled.

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Motorcycle crashes are often especially severe due to the physical vulnerability of riders compared to those in cars around them. These wrecks can cause serious injuries such as broken bones, paralysis or brain injuries. If you’ve suffered an injury in a motorcycle accident, our skilled Massachusetts motorcycle accident lawyers will assist you in obtaining the compensation you deserve following a crash. We will focus on the legalities so you can focus on healing.

A 25-year-old Massachusetts man recently died in a tragic motorcycle wreck in Portsmouth. Police officers were dispatched to the area around 4:45 p.m. after receiving calls about a serious accident. According to law enforcement, the man was on the on-ramp to the northbound side of the highway at the time of the crash. He was immediately transported to Charlton Memorial Hospital in Fall River, where he was pronounced dead. The police did not release the victim’s name. No other vehicles or individuals were involved in the accident

If a motorcycle crash is caused by someone else’s negligence, the victim can potentially file a personal injury lawsuit to recoup compensation for his or her injuries and losses. While the damages will vary in every case, an injured rider can generally seek compensation for medical expenses, property damage, pain and suffering, loss of enjoyment of life, and other damages.

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If you have been injured in a mishap that was someone else’s fault, you can potentially recover monetary damages through a personal injury lawsuit. At The Law Offices of Barry Feinstein & Affiliates, P.C., our diligent Massachusetts injury attorneys have worked in this legal space for over 25 years and have a thorough understanding of how to pursue the compensation you deserve. Having helped countless clients, we know how stressful a serious injury can be for you and your whole family, which is why we will focus on your case so that you can focus on healing.

In a recent case, the Massachusetts’s Supreme Judicial Court (SJC) was asked to address the circumstances under which an injured victim is required to give 30-day notice for accidents involving road flaws. The facts of the case are as follows. The plaintiff was hurt on his bike and struck a utility cover that was not properly aligned with the street surface. The plaintiff then sued the city. The city declined responsibility saying that an energy corporation was at fault for the improperly aligned cover. The plaintiff subsequently sued the energy company. However, the judge dismissed the claim citing plaintiff’s failure to provide notice to the company within thirty days of the plaintiff’s injury, as necessitated by a state statute. Specifically, M.G.L. c. 84  § 15 of the Torts Claims Act requires an injured person to provide notice of the injury within 30 days to the county, city, town or “person by law obliged to keep said way in repair.”

Ultimately, the SJC reversed the lower court’s decision, holding that the statutory requirement of notice within 30 days to a potential defendant purported to be accountable for road defects giving rise to injury only applies to  government defendants but not to private sector defendants. The court explained that the road defect and notice statutes apply to the government and quasi-government parties responsible for the public duty of preserving the public way and not to a private party, such as a corporation, that has created a specific defect in the road. This is true even when a private corporation is permitted by the government to fix a particular road defect. Thus, the plaintiff in this case was not required to give thirty days’ notice to the corporation and the corporation could be sued without such notice.
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Were you injured in an accident caused by a motorist who was using his or her phone behind the wheel? If so, you deserve compensation for your injuries. Our Massachusetts car accident attorneys are well versed in the specifics of personal injury law and can apply our knowledge to your claim. We strongly believe that you should not have to suffer just because another motorist acted with disregard for your safety by using his or her cell phone while driving.

In 2010, Massachusetts banned texting and emailing behind the wheel but did not implement a full ban on hand-held devices used to make phone calls. Since then, lawmakers have tried to pass several laws in an effort to ban drivers from using hand-held devices while driving, with the goal of reducing distracted driving accidents in the state. Last month, the Massachusetts House of Representatives overwhelmingly voted 155-2 to pass Bill H.3793, which bans drivers from using hand-held cellphone and electronic devices while driving. In other words, the bill would prohibit drivers from using any mobile electronic device while driving, unless it was being used in hands-free mode. This means they would be barred from reading texts, viewing images, or watching videos as well.

If you have been injured in a crash caused by a distracted driver, you may be able to recover compensation through a negligence claim. Negligence occurs when a person breaches the standard of care owed to another person, directly causing an accident or some type of harm. The standard of care refers to the level of care and caution that a reasonably prudent driver would have used in the same situation. Since being on one’s phone and driving at the same time is a behavior that is known to be dangerous, it would clearly be considered ‘unreasonable’ to a prudent person. As a result, if a driver caused a crash in this manner, he or she would likely be on the hook for any resulting damages.

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Hit and run accident cases can be extremely daunting for the victims of the crash. Massachusetts’ law requires that a driver stay at the scene and provide the other party certain information if a driver is involved in an accident which causes injury to another vehicle, property or person. If you were injured in a hit and run accident, we can help. At The Law Offices of Barry Feinstein & Affiliates, P.C., our seasoned Massachusetts hit and run accident attorneys will work diligently to help you obtain the compensation you are rightfully owed. We understand the serious emotional, physical and financial toll an auto accident can have on a family, which is why we will aggressively advocate for you each step of the way.

Earlier this month, a 20-year-old La Salle Academy female graduate was killed in a tragic rollover accident in Boston. Sadly, the woman was pronounced dead at the scene. One other female passenger was also injured in the crash but is expected to survive. According to law enforcement, a 22-year-old man caused the wreck when he was speeding in his Mazda, hit a curb, rolled over and crashed onto the street hitting several-parked cars and a cement planter before flipping over. Both passengers had their seat belt on and were hanging upside down in the car when emergency workers reached them. The driver had bolted from the scene before police got there but was found approximately 8 hours later and placed under arrest. He was charged with, among other things, leaving the scene of an accident after causing personal injury and leaving the scene of an accident after causing property damage.

Drivers may be tempted to flee the scene of an accident for a number of reasons ranging from panic, to outstanding warrants, to not having insurance. Under MGL c. 90 s. 24 (2), a Massachusetts driver who knowingly collides with or causes injury to another vehicle, property or person, must provide the following information to the injured party before leaving the scene of the accident: name, residence and registration number of their motor vehicle. In fact, it is against the law to leave the scene of a crash without providing this information or calling 911 if someone has been injured.
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If you have been hurt in a slip and fall accident on someone else’s property, you may have legal options. At The Law Offices of Barry Feinstein & Affiliates, P.C., our seasoned Massachusetts injury attorneys are committed to getting our clients the justice and compensation they rightfully deserve for the harm that they have suffered. With years of experience, we are prepared to represent you in negotiating a settlement agreement or in proving your claim in court.

In a recent Massachusetts court decision, the plaintiff stepped into an uneven depression in the road and sustained a severe injury to her left foot. She informed the City of Boston of her claim within the time frame required by Massachusetts General Laws c. 84, § 18, also known as the defective way statute, which mandates that a person injured due to a defect on a public way must send notice within thirty days after the injury to the, “county, city, town or person by law obliged to keep said way in repair.”

A few months later, the city sent the plaintiff a letter denying responsibility and informing her that a gas company was actually responsible for her injuries. The plaintiff then sent notice to the gas company and filed her Complaint in the Superior Court against the City of Boston and the gas company. The gas company filed a motion to dismiss the claim due to the late notice under the statute. The court denied the motion and the case went to trial.

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Most people work hard to earn a living, which is why on-the-job injuries can be so devastating. Not only can these injuries affect your ability to work, they can leave you with chronic pain and ongoing medical bills. At The Law Offices of Barry Feinstein & Affiliates, P.C., our Massachusetts workers’ compensation attorneys are committed to protecting the rights of injured workers every step of the way.

In one case, the top court in Massachusetts ruled that the effective date of retirement is six months prior to the filing of an accident disability application, altering the Public Employee Retirement Administration Commission’s (“PERAC”) well-established practice of going by the date on which a worker last received regular compensation for employment, which PERAC understood to encompass supplemental pay.

The facts of the case are as follows. A male worker was injured while working at a construction services company in June of 2010. Just like any other worker in the state who suffers a work-related injury, the worker was entitled to workers’ compensation benefits. As such, he began collecting benefits on the day that he was hurt and he also collected supplemental pay, which included two hours per week of sick or vacation pay.

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