All Topics

• Your Personal Injury Lawsuit Part I - Pre-Litigation

  Ken Margolin | October 31, 2006 7:00 AM | 0 CommentsBoston, MA

  Many clients who are injured delay calling an attorney because they are apprehensive about the process. There is no need to be. An experienced personal injury attorney will put his client at ease and explain every step of the process during the first interview. While the specifics of any individual case vary with the facts, most personal injury lawsuits will follow some or all of the steps...

• Nursing Home Wrongful Death Settlement

  Ken Margolin | October 26, 2006 9:00 AM | 0 CommentsBoston, MA

  While going down a ramp, a 79 year old nursing home resident fell out of her wheelchair head first. The injury did not seem at first to be severe. The resident complained of neck, shoulder and back pain, and was taken by nursing home staff to her bed with no further evaluation. When the on-call physician was notified, he prescribed narcotics for pain, but conducted no further examination....

• Important Decision on Drug Manufacturer's Failure to Warn

  Ken Margolin | October 26, 2006 7:00 AM | 0 CommentsBoston, MA

  Two year old Andreas Perry developed lymphoblastic lymphoma, a potentially deadly cancer two years ago. In accordance with Andreas' doctor's prescription, his parents were treating eczema with the topical ointment, Elidel. Andreas' parents filed a lawsuit against Novartis Pharmaceutical Co., alleging amongst other things that Novartis had negligently failed to warn users - especially pediatric...

• The Real Medical Malpractice Crisis

  Ken Margolin | October 25, 2006 5:00 PM | 0 CommentsBoston, MA

  Objectively viewed data leads to the undeniable conclusion that medical malpractice lawsuits are not skyrocketing in number, nor are they the cause of escalating insurance premiums for doctors. The malpractice insurers will continue their campaign to prejudice potential jurors by their repetition of the big lie of the evils of malpractice litigation. That crisis - the one invented by the...

• Dangerous Toy Choking Hazard

  Ken Margolin | October 24, 2006 7:00 AM | 0 CommentsBoston, MA

  Last month, the Consumer Product Safety Commission (CPSC) recalled Walmart's Baby Cookie Monster Toys. The plush Sesame Street character came with a small cookie attached to its hand.The CPSC determined that the cookie could be easily removed by a small child and the cookie stuffed by the child into his mouth creating a choking hazard. Fortunately, the federal safety agency discovered this...

• The Morality of Personal Injury Law

  Ken Margolin | October 23, 2006 1:17 PM | 0 CommentsBoston, MA

  "Tort Reform" is the rallying cry of a multitude of business and insurance groups who claim that our personal injury ("tort") system causes everything from physician shortages to competitive disadvantage in the global economy. The subtle message is that personal injury lawsuits are motivated by greed, and that injured plaintiffs and their lawyers are perpetrators of social harm. That message is...

• The Myth of the Medical Malpractice Crisis

  Ken Margolin | October 19, 2006 1:27 PM | 0 CommentsBoston, MA

  There is no medical malpractice crisis - except in the scripts of the well funded campaign of the insurance industry to deprive injured victims of their rights. Our system of civil justice rests on the time-honored principle that a person harmed by the carelessness of another is entitled to compensation for the injury. As has been the case for many years, businesses and professionals maintain...

• Swimming Pool Drowning Danger

  Ken Margolin | October 18, 2006 7:00 AM | 0 CommentsBoston, MA

  One of the most emotionally difficult cases I ever handled was on behalf of the parents of a little girl who drowned in a neighbor's swimming pool. The tragedy seemed to happen in an instant but the impact on two families will last a lifetime. Swimming pools are dangerous. Whether they are in homes or commercial settings, any property owner with a pool must be safety conscious and must exercise...

• When to Call an Attorney

  Ken Margolin | October 18, 2006 12:00 AM | 0 CommentsBoston, MA

  The answer to the question, "when should I call a lawyer after I've had an accident?" is almost always, "right away." Contacting an attorney as soon as possible after an accident or possible medical negligence, can increase the odds of a good result if the facts warrant filing a lawsuit.In a highway accident case, for example, it is important for your attorney or his investigator to interview...

• Nursing Home Negligence Verdict

  Ken Margolin | October 17, 2006 7:00 AM | 0 CommentsBoston, MA

  Juries continue to show their appreciation of the sanctity of life even for older and ill individuals. A Middlesex County jury awarded $285,000 ($441,665 with interest) to the family of an 80 year old nursing home resident who suffered severe burns from uncovered and excessively hot radiators. The woman died subsequent to her injuries. While the jury did not believe that the resident's death was...