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Mechanic’s Liens: Perfection Is Nine-Tenths of the Law

By on October 2, 2018

In Massachusetts a mechanic’s lien is a statutorily created lien against real property which secures the right to payment for services rendered by contractors, laborers, and suppliers regarding the construction, repair, or improvement to real estate. In existence in Massachusetts since the 1800’s, a mechanic’s lien is a powerful tool for creditors which allows them […]

Prior Accidents Provide Notice of Danger

By on September 17, 2018

Most people know that standing in an open field or under a tree during a thunderstorm isn’t a good idea. Experience and observation have established that lightning will strike the tallest object in its vicinity and people use that information to avoid increased danger.  Similarly, in the law of negligence, evidence of prior accidents may sometimes […]

PIP Exclusions: When “No Fault” Is Your Fault

By on August 10, 2018

Personal Injury Protection Exclusions By statute Personal Injury Protection (PIP) benefits are required for all Massachusetts automobile insurance policies. This coverage provides for payment of “all reasonable expenses incurred within two years from the date of accident for necessary medical, surgical, x-ray, and dental services,” as well as lost wages and payments for necessary household […]

Discovery & the Medical Peer Review Privilege

By on July 25, 2018
2018-07_PeerReview

In Massachusetts, strong public policy mandates the highest quality of care in our health care facilities and the prompt discipline of errant physicians. That public policy is represented in a strict regulatory scheme covering virtually all aspects of hospital operations. Integral to this scheme is “an effective process for self-scrutiny, manifest most prominently in the […]