Medical and HealthCare Practice

Practice Areas:
Business Litigation
Complex Tort Defense/Catastrophic Loss
Corporate/Transactional Law
Criminal Defense
Education
Employment Litigation and Counseling
Estate Planning/Probate
Insurance
Litigation/Trial Practice
Medical and Health Care Practice
Real Estate/Land Use

DeMoura | Smith attorneys have been representing health-care and medical service providers against personal injury and death claims for more than forty years. The Firm's clients have included nursing homes, rehabilitation centers, adult-care facilities, hospitals, medical faculty practice groups, private medical practices, university medical schools, university dental schools, physicians, dentists, chiropractors, podiatrists, physical therapists, nurses, medical device manufacturers, pharmaceutical companies, and medical research facilities. DeMoura |Smith attorneys have successfully defended or favorably resolved malpractice, negligence, wrongful death, sexual abuse, suicide, Medicare and healthcare fraud, employment and other personal injury claims for these clients, including:

  • Defense of claims against Boston area nursing homes alleging inadequate supervision and restraint of patients, overdosing of medications, overcharges, failure to provide appropriate care, bed falls and orthopedic injuries.
  • Representation of podiatric practice in Medicare and health-care fraud investigation and prosecution by United States Department of Health and Human Services and United States Attorney's Office.
  • Defense of respiratory therapist and department administrator at major Boston teaching hospital in claim by parents of brain damaged child;
  • Obtaining summary judgment for surgical nurse in claim of failure to properly supervise sponge and instrument counts during thoracic surgery;
  • Obtaining dismissal of case at medical tribunal stage for oncologist against claim of unreasonable delay in diagnosis of lung cancer;
  • Nuisance value settlement of operating suite environmental controls manufacturer against claim that failure of controls caused botched surgical procedure in major Boston hospital;
  • Summary judgment for medical device manufacturer of penile implant in United States District Court;
  • Defense of national ambulance company against federal wage and hour class action brought by EMTs and drivers;
  • Summary judgment for device manufacturer regarding an alleged defect in the design of certain artificial arterial grafts;
  • Dismissal of class actions in three states against pharmaceutical company against allegations of association between Thimerosal in childhood vaccines and onset of autism;
  • Resolution of individual and class-action product defect claims against silicone breast implant manufacturers; and
  • Defense of artificial hip joint manufacturer for alleged design defects in class action litigation.

Every significant personal injury claim requires the understanding, analysis and communication of complex medical issues. Our experience in successfully defending personal injury claims, whether or not related to claims against a healthcare client, includes comprehensive review and understanding of medical records and applicable literature, retention of and collaboration with medical specialists, consultants and experts, deposition and cross-examination of medical witnesses(including treating physicians, medical providers, technicians and experts, and examination of the medical causation and alternative cause issues. Our medical/legal expertise has been successfully applied to claims involving virtually all serious medical and health-related injuries including death, extreme burns, traumatic brain injury, spinal injuries and paralysis, traumatic amputations, and systemic diseases, injuries and cancers allegedly caused by products or chemical exposures. We are assisted in the defense of these claims by a certified legal-nurse consultant with more than thirty years practical experience in a number of clinical settings including hospitals, private practice, visiting-nurse care and surgical practice.

Experienced Advocates | Effective Solutions