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Massachusetts Medical Malpractice Lawsuit amended for Wrongful Death Claim

The Massachusetts  Supreme Judicial Court in Sisson et al. v Lhowe et al. determined that a  Massachusetts  Medical Malpractice Lawsuit may be amended to include a Wrongful Death Cause of Action even after the statute of Limitations had expired.

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Here are some excerpts from this Massachusetts MA Case:

“The additional costs associated with defending stale claims do not manifest where a plaintiff dies during the pendency of a malpractice suit and the parties proceed to trial based on a claim of wrongful death rather than personal injury,”

“Regardless of whether a claim is for personal injury or wrongful death, where both claims are based on the facts supporting the malpractice action, the liability issue to be resolved remains the same, as will any problems of proof encountered by defendants during a pending action.”

Read the article Published by The American Medical Association:

Lawsuit can be amended after deadline to include wrongful death

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility

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