Morrison Mahoney LLP attorneys handle the defense of claims against accountants and securities professionals in a wide variety of matters including negligence, breach of contract, misrepresentation, and breach of fiduciary duty claims. We have experience representing both individual professionals as well as major firms in these claims, and have successfully defended these claims in state, district and federal courts, as well as before professional licensing and regulatory boards throughout the country. In addition to "traditional" accountant liability claims (such as miscalculation of taxes), we have served as counsel to accounting firms involved in third-party claims for misrepresentation of financial condition associated with mergers and acquisitions. We also represent securities brokers in arbitration, litigation, and disciplinary proceedings regarding all manners of regulatory, common law, Blue Sky, and federal claims.
Morrison Mahoney LLP regularly provides counsel and consulting services to design professionals, contractors, subcontractors, third-parties, manufacturers and construction companies. In addition to representing design and construction firms, our attorneys have served as counsel to regulatory agencies governing the design and construction professions and trade associations for design professionals. As a result of this experience, we are able to offer contract development and risk management services in addition to our litigation expertise.
Directors & Officers
We have represented corporate directors and officers in a wide variety of matters regarding corporate governance. We have handled these cases before state and federal courts as well as before various state and federal regulatory agencies. We have also represented insurers on coverage issues that may arise under their liability policies. We are frequently asked to review and analyze an insurer's exposure and provide advice to the insurer regarding its D&O liability policies.
Hospital & Medical Malpractice
The attorneys in the Medical Professional Liability Practice Group have handled some of the most significant cases brought against medical professionals. With a wide range of experience representing hospitals, physicians and other healthcare providers for over thirty years, Morrison Mahoney LLP has a practice group of over twenty attorneys devoted to the successful defense of medical malpractice claims. Our professional staff includes pharmacists, registered nurses and physical therapists.
Our well-known success in litigation has been earned with hundreds of verdicts on behalf of our clients. We have proudly defended a wide variety of healthcare professionals and healthcare systems including: physicians; nurses; hospitals; nursing homes; health maintenance organizations; risk managers; pharmacists; physical therapists; chiropractors; optometrists and ophthalmologists; physician's assistants; nurse practitioners; nurse midwives; dentists; orthodontists; mental health professionals; as well as a wide-array of other providers and medical institutions.
In addition to the respect it engenders among judges and other attorneys, the firm's reputation for talented lawyers with a depth of experience has been recognized by community hospitals and academic medical centers including, among many, Massachusetts General Hospital (Boston); Children's Hospital of Boston; University of Massachusetts Medical Center; The Medical Center of Central Massachusetts - Memorial; and Baystate Medical Center. We have also assisted medical centers in regulatory matters and in handling issues in the areas of healthcare law, employment law, directors' and officers' liability, ERISA, mergers and acquisitions, and workers' compensation.
Morrison Mahoney LLP's Medical Professional Liability Practice Group has also provided business consulting and advice to various medical institutions. We have helped these medical institutions develop, review, and update proper practice protocols and internal hospital regulations, create business plans for various departments within these institutions, and provide consultation regarding employment issues. Our capabilities include: employee handbook evaluation and drafting, company policy development and implementation, employee sensitivity training, sexual harassment policy training, and employee evaluation program review and management. We are also skilled in helping our clients handle the entire litigation process from counseling and preparation through trial and the appeal process.
Regulatory, Licensure & Credentialing Matters
Our attorneys are also experienced at representing clients in front of the Boards of Registration regarding a range of disciplinary matters. We have helped physicians, nurses, risk managers, and other medical professionals through the credentialing process and the defense of complaints before the Board of Registration. In addition, our firm has represented clients in matters involving third-party payors, including issues of credentialing and audits of patients' files.
Insurance & Risk Management Related Services
Our attorneys have extensive experience representing insurers, reinsurers and self-insured healthcare institutions on a variety of insurance, risk management, quality assurance, and claims handling matters. Our services include conducting pre-underwriting and periodic claims reviews, advising on the sufficiency of reserves, tracking aggregate impairment and confirming aggregate exhaustion, monitoring of excess claims, issuing coverage opinions, and drafting and reviewing risk management, quality assurance, and claims handling policy and procedure protocols. We have also developed complex claim database programs to assist our clients in the tracking and monitoring of routine claims, as well as complex mass tort litigation.
Pharmaceutical & Medical Device Products Liability Experience
Our Medical Professional Liability Practice Group also has significant experience defending pharmaceutical and medical device manufacturers in complex products liability litigation. Our preeminent reputation as successful trial attorneys assures our pharmaceutical and medical device manufacturer clients they have retained seasoned trial lawyers who understand complex medical issues and who will aggressively defend their products in the courtroom.
Medical Malpractice Litigation Experience
The following cases are just a small sampling of the breadth of experience our firm has in handling medical malpractice litigation. All of these cases have been successfully defended by the attorneys at Morrison Mahoney LLP.
Permanent Paralysis: Successfully defended vascular surgeon against allegation of failure to perform an emergency carotid endarterectomy (a surgical procedure involving the removal of plaque from the carotid artery).
Brain damaged baby: Successfully defended pediatrician accused of causing permanent hypoxic brain damage to an eight-month-old girl by prescribing a narcotic cough suppressant and failing to give supplemental oxygen to treat the infant's whooping-cough-like illness.
Birth Asphyxia & Brain Damaged Baby: Successfully defended allegations of improper prenatal care and failure to timely perform a cesarean section resulting in birth asphyxia and brain damaged infant.
Cancer/Death: Successfully defended suit against physician charging failure to diagnose bone cancer resulting in death of young woman.
Intra-Cranial Hemorrhage: Successfully defended allegations of wrongful death due to improper care and treatment of headaches and hypertension resulting in intra-cranial hemorrhage.
Amputation: Successfully defended allegations that emergency room physician failed to timely diagnose infection in foot resulting in amputation of toes.
Descemet's Membrane: Successfully defended allegation of failure to diagnose tear of Descemet's Membrane resulting in permanent visual loss.
Wrongful Death: Successfully defended allegations of negligence in the care of patient, a smoker, leading to patient's death. Patient had been placed in restraints, and her daughter had been requested to remove her mother's smoking materials from her. Patient was later found on fire by nurse, who was on duty at the time.
Permanent Impairment: Successfully defended allegations that oral surgeon severed nerve during surgical fistula repair resulting in numbness and permanent speech impediment.
Wrongful Death: Successfully defended suit alleging negligence by cardiologist in failing to properly monitor, evaluate and hospitalize her husband, who complained of chest pain, until the risk of heart attack could be ruled out.
Wrongful Death: Successfully defended suit alleging failure to diagnose liver cancer resulting in death of patient.
Suicide: Successfully defended allegations of negligent psychiatric care resulting in suicide of prison inmate.
Abuse/Neglect: Successfully defended nursing home against allegations of abuse and neglect of patient leading to the death of patient.
Wrongful Death: Successfully defended a therapist at an institution for autistic children against allegations of delay in diagnosing ruptured viscus leading to death.
Breast Cancer: Successfully defended radiologist charged with failure to detect breast cancer on mammogram leading to decreased life expectancy.
Educational Programs Provided by Our Attorneys
The attorneys at Morrison Mahoney LLP are frequently asked to speak both nationally and locally to numerous groups of physicians, hospital risk managers, and other healthcare providers. Recently our attorneys have presented at seminars sponsored by the Massachusetts Hospital Association, Boston University School of Medicine, University of Massachusetts Medical Center, Beth Israel Deaconess Medical Center, Blue Cross/Blue Shield of Massachusetts, Baystate Medical Center, ProMutual Insurance Company, Hospital Underwriters Mutual, the American Bar Association and Massachusetts Continuing Legal Education. Some of the many topics our attorneys have been asked to speak on are: legal and ethical considerations in medicine, failure to diagnose breast cancer and other diseases, nursing liability, current issues for hospital administrators and risk managers, pros and cons of hospital protocols for the 90's, the generics of risk management, practice parameters and clinical guidelines, and corporate liability in medical malpractice. In addition, we have participated in a number of mock trials highlighting issues in medical negligence cases. Our educational offerings range from large annual seminars in New England to in-house seminars on topics of particular interest to our clients. The seminars are provided free of charge to our clients. Our attorneys have also been published in numerous national textbooks and professional journals.
Our reputation for success in this area has allowed us to have the opportunity to defend more attorneys in the Northeast than any other law firm practicing in this area. Our clients range from sole practitioners to multinational firms and have involved us in the defense of civil, administrative and criminal matters. We also represent clients before professional licensing boards and state and federal administrative agencies regarding all types of disciplinary matters. In addition to representing attorneys, Morrison Mahoney LLP provides guidance and counsel to attorneys throughout New England through a risk management program established by one of the region's largest professional liability insurers. As a result of this unique position, we enjoy a high rate of success in handling dispositive motions, trials, and appeals. Our attorneys are frequent panelists for local and national bar association presentations, as well as other professional associations, lecturing on the latest developments involving legal malpractice.
Real Estate Agents and Brokers
Morrison Mahoney LLP has been at the forefront of the defense of these professionals. We have worked with professional associations in this industry to develop proper practice protocols and contract development to minimize their risks. Our attorneys have handled all variety of negligence and breach of contract claims against these professionals relating to the legal status of property (zoning, boundary line, occupancy, and title issues) and description of property (failure to identify site conditions, systems' defects, or other matters potentially affecting market value). Our experience in these areas makes us uniquely adept at defending against consumer protection claims, which are often raised in these types of matters. Our attorneys are actively involved in local town zoning committees and frequently volunteer as counsel in these matters and several are also licensed real estate brokers.