Legal Question in Medical Malpractice in Massachusetts

Re: payment for home upgrades

Charitable immunity enjoyed by most Massachusetts hospitals limits their liability to $20,000. Most medical malpractice claims in Massachusetts are brought against doctors. Almost all doctors are covered by malpractice insurance. Catastrophic injuries such as loss of a limb are some the most valuable cases. Juries can award damages for loss of use and enjoyment of the limb, permanent disability, pain and suffering, disfigurement, emotional distress, medical expenses and economic losses. Economic losses can include lost income and modifications to a home and other financial losses.

J. Whitfield Larrabee 617-566-3670

Re: payment for home upgrades

Medical malpractice claims in Massachusetts look to both the negligence of the Doctor and the hospital. As a result of their respetive negligence, your mother's cost of home remodeling should be paid for by each or either of them, and these damages would be computed as "consequential damages" normally associated with this type of negligence. As well, juries normally consider damages for lost of use of the limb, the costs and consequences of your mother's permanent disability, compensation for her pain and suffering, as well as mental anguish resulting from permanent disfigurement. Depending on your mother's age, she may be entitled to receive compensation for future lost wages as well.

Another part of your question implies a potential American's with Disabilities Act (ADA) issue. Depending on the size and structure of you mother's living abode, her landlord may be required to offer "reasonable accomodation" for a disabled person.

Please feel free to contact me by phone (978) 250-4255 or e-mail with any questions you have concerning either malpractice or Disablities Act laws. In addition, if you have not already done so, you map qualify for a Handicapped Parking Decal or a reserved parking spot to accomodate your mother, or you if you are her primary means of transportation.

Re: payment for home upgrades

renovations would be paid by doctors/hospital via a settlement or suit. Such is a consequential and expected damage of their alleged negligence.