All Topics

• Bad Faith Insurance Practices

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

  Massachusetts law requires insurance companies to make "prompt, fair and equitable settlements of claims in which liability has become reasonably clear." M.G.L. c. 176D, §3(f). An insurer's failure to do so is an unfair trade practice, theoretically exposing the insurer to double or treble damages plus the plaintiff's attorneys fees. It is also an unfair insurance practice for an insurer to...

• Doctors Must Screen Organs for Disease Before Donation

  Ken Margolin | October 16, 2006 1:45 PM | 0 CommentsBoston, MA

  A Superior Court judge has ruled that the Massachusetts Promotion of Anatomical Science Act does not immunize doctors from liability if they implant a diseased organ into a donee. Nelson Gonzalez's liver was failing and he needed a transplant. Doctors implanted a liver that turns out to have been riddled with cancer. The donor had died of brain cancer and the doctors who used the donor's liver...

• Child Deaths Result in PlaySkool Toy Bench Recall

  Ken Margolin | October 14, 2006 8:00 AM | 0 CommentsBoston, MA

  On on September 22, 2006, Playskool of Pawtucket, Rhode Island, recalled more than 250,000 Team Talkin' Tool Bench toys, according to the Consumer Product Safety Commission. Two children, a 19 month boy from West Virginia and a 2 year old boy from Texas, died when they choked on large plastic nails sold with the tool bench.The Playskool toy tool bench had been sold since last October in stores...

• Nursing Home Neglect - Dehydration and Malnutrition

  Ken Margolin | October 13, 2006 7:00 AM | 0 CommentsBoston, MA

  Few choices are more emotionally wrenching than entering a family member into a nursing home. The only purpose for removing a loved one from their home and placing them into an institution, is the belief that they will be well care for, protected when they can no longer live on their own or with family help. Nursing home neglect is a disgrace that should never occur. Dehydration and malnutrition...

• Falling Merchandise - Shop till You're Dropped

  Ken Margolin | October 12, 2006 1:01 PM | 0 CommentsBoston, MA

  Safety over profits is a fundamental principle with which every retailer must abide. Unfortunately, too many "big box" stores create their convenience with a high dose of greed, causing sometimes lethal results to customers. Falling merchandise injuries and deaths is a little-known nation-wide scandal. In order to maximize profits, the warehouse stores often stack heavy items too high and too...

• Large Trucks - Danger on our Roadways

  Ken Margolin | October 05, 2006 12:37 PM | 0 CommentsBoston, MA

  Is there anyone who drives regularly on the highways who has not had a perilous encounter with a large tractor trailer truck? Unlikely. Maybe when seeing an 18 wheeler in your rear view mirror closing fast, or watching a double tractor trailer weaving in and out of lanes or passing traffic at 80 miles an hour, you wondered whether large trucks really cause much death and injury in addition to...

• Medication Errors Crisis Continues

  Ken Margolin | October 02, 2006 12:20 PM | 0 CommentsBoston, MA

  In the mid-90s, two articles published in the prestigous Journal of the American Medical Association revealed that medication errors created a terrible human and economic toll (LL Leape et al, "Systems analysis of adverse drug events..." JAMA 274 (07/05/19950; DC Classen et al, "Adverse drug events in hospitalized patients...." JAMA). Various studies by the medical professiona and pharmaceutical...

• Kenneth N. Margolin, Esq.

  Staff Writer | September 06, 2005 1:23 PM | 0 CommentsBoston, MA

  Attorney Margolin has practiced law in Massachusetts since 1973. Since the start of his career in legal services, he has always represented the common person who has been injured by the improper practices or negligence of others and must confront well-financed corporate, government, or insurance interests, to obtain justice. His legal services career included precedent setting cases in state and...

• Disclaimer

  Staff Writer | March 22, 2005 4:38 PM | 0 CommentsBoston, MA

  The information found on this website should not be construed as legal advice and is not a substitute for professional legal consultation. You should not base your legal decisions solely on the information found in this site and you are encouraged to seek the counsel of an attorney regarding your specific questions or situation. The information found herein may represent the opinions or...