Medical Malpractice resulting in Disability or Death - Lawsuits and Out-of-Court Settlements in Western Massachusetts

Over the past century, modern medicine has made many dramatic advances in the curing of illness, treatment of injuries, and management of chronic conditions. Hospitals today are staffed with highly-trained, experienced doctors, nurses and specialists who regularly perform what would in the old days be considered miracles.

Sadly, even with the best of training, facilities and equipment, medical malpractice in the form of errors, omissions, misdiagnoses, failure to interpret tests properly or order medically necessary tests when required can result in wrongful death or injury to patients. Parents, children, brothers, sisters, and all other relatives, friends, and co-workers suffer along with the patient and can be deprived of income, companionship, services, and other benefits they used to receive from their relationship when the damage done by malpractice results in the wrongful death, disability or serious injury to a person. This is of course in addition to the damage suffered by the patient themselves, should they manage to live through the experience.

When this happens to you or a loved one, you need the services of a highly trained and experienced Personal Injury Lawyer who can investigate the circumstances of the events in question, advise you of your rights under the law given the facts of the case, and navigate through the treacherous waters of settlement negotiation and if required, litigation. The law is strict and unforgiving with regards to documentation and statutes of limitations requirements, so if you think you may have a medical malpractice claim for yourself or a family member, it's very important to contact a competent attorney as soon as possible so you don't forfeit your rights.

At the Law Offices of Sean J. Cleary, we work tirelessly for our clients to get them the justice they deserve. Attorney Cleary personally handles or supervises every case. If you want personal service from a local lawyer who has handled Medical Malpractice cases from lawsuits to out-of-court settlements for over 15 years, then call us today and we will set you up with a free, no-obligation, introductory consultation. If you are in the hospital or of limited mobility, we can easily come right to you anywhere in Western Massachusetts.

With all Personal Injury legal cases, there are no costs to you unless we are successful. We only get paid if we provide you with the compensation you deserve, and our contingency rates are modest and customary.

With all the noise now about "Tort Reform" (limiting patients rights when they suffer from medical errors and negligence) as a theoretical way to reduce medical costs to society, remember why they COUNT medical instruments now whenever surgery is performed. It's because once upon a time, they didn't, and one time a medical instrument was left INSIDE a patient after the surgery was done, causing them much suffering. They SUED, and won a substantial settlement. Now, the practice of counting surgical instruments is established as part of the surgeon's canon. The law works the way it does for good reason. In the high-stakes world of medicine, indifference or incompetence can have deadly or permanently debilitating consequences, so the system is set up to both compensate people who suffer from these things and penalize those who engage in them.

At the Law Offices of Sean J. Cleary, we think that this is the law working the way it was fairly designed to. We work with victims of medical malpractice get them the help they need with medical bills, funeral costs, long-term care, and basic living expenses when they can no longer work. We also help widows, orphans, and others left behind recover from the devastating preventable loss of a provider. We seek justice, and work diligently on our clients' behalf to achieve it.

Felony Charges (such as Breaking & Entering, Robbery, Burglary, and Larceny) Criminal Defense in Western Mass

Getting arrested can be a heart wrenching experience, but being charged with a felony is often a grave and highly traumatic event. Felonies carry substantially higher penalties than misdemeanors. Further, there are far more social and legal sanctions associated with felony convictions. Being a felon often has severe extra-legal impacts with regard to job prospects, receipt of government services, loss of civil rights (such as running for office, joining the military, and voting), insurance, driving, and social contacts. Of course, a Class 1 felony conviction can result in the worst punishment in Massachusetts, that of life in prison without the possibility of parole. Although there is no death penalty in Mass., the federal government does prosecute capital cases in the state.

Some crimes can be charged as misdemeanors or felonies depending on the severity of the circumstances and the inclination of the DA (District Attorney) or presiding judge. For example, the seriousness of drug possession charges, and the degree of punishment, is often determined by the nature and amount of evidence that was recovered. Assault is another category that carries variable charges, depending on such factors as whether someone is seriously injured in the incident.

Some of the well-known categories of felonies include: breaking and entering, robbery, burglary, larceny-theft, motor vehicle theft, weapons violations, arson, murder or attempted murder, manslaughter, vehicular manslaughter, sexual assault (forcible rape and date-rape), drunk driving, drug possession and distribution, assault and battery, fraud, embezzlement, forgery, and counterfeiting.

There are many myths surrounding criminal felony cases. One is that most accused people are guilty. Another is that it is extremely difficult—almost next to impossible—to win your case in a criminal trial. One thing that is NOT a myth, however, is that you need a good lawyer with significant trial experience defending you in felony crime cases. More experience is generally better than less, but much depends on the attorney’s innate intelligence, judgment, and persuasive nature before a jury.

The best advice for anyone facing a felony charge is to be sure to have a highly qualified criminal defense lawyer mounting an aggressive defense for you. Do not make any statements without the approval of your attorney. Exercise your right to remain silent. A skilled felony defense lawyer will offer many skills, including the ability to negotiate. Only about 5% of felony convictions result from jury trials, with the remainder resulting in a plea bargain. This is where a defendant agrees to plead guilty in return for a reduced sentence or other more favorable treatment than what could result if the case went to trial. An attorney’s skill can make a huge difference in such negotiations. Even if you plan on pleading guilty to the charges you face, it is absolutely essential to have the assistance of a qualified attorney representing you to ensure that you receive the best possible deal.

A good criminal defense attorney should also be able to clearly explain to a defendant the legal ramifications and considerations that bear on that person’s case. He or she should also be able to outline the range of options available. Throughout the process of trying a case, a lawyer will vigorously protect the defendant’s rights. This can be a big issue when, for example, a defendant is pressured to accept a plea bargain after having asserted his or her innocence to the defense attorney. In addition to steadfastly defending the accused during trial, the lawyer should retain the best available experts to support the defense's case, and file all appropriate motions.

At the Law Offices of Sean J. Cleary, I have over 15 years of experience helping clients fight felony charges in front of District and Superior Courts throughout Western Massachusetts, including Hampshire, Franklin, and Hampden Counties. A former court-appointed public defender, long-time private criminal defense lawyer, and former President of the Hampshire County Bar Association, I have tried numerous cases involving a wide variety of felonies. At our office in Amherst, MA, you will get personal attention to your case, with me either directly handling or supervising every case we accept.

No matter what your circumstances, even if you've made incriminating statements or have given a confession in a felony case against you, contact us immediately for a free, no-obligation, introductory consultation and evaluation. We will carefully consider the facts of your case, and give you an honest assessment of worst-case and best-case scenarios. (Beware of any lawyer who makes flat-out promises about your case's resolution.) If you are incarcerated in a local jail or state prison, we will gladly come to the facility to meet with you.