Marc Lawrence Breakstone’s Answers

Marc Lawrence Breakstone

Boston Personal Injury Lawyer.

Contributor Level 8
  1. My wife went in to have half of her thyroid removed because of a growth on the right side. They removed the wrong side.

    Answered 10 months ago.

    1. Deborah Gwen Roher
    2. David Ian Schoen
    3. Kenneth J DeMoura
    4. Craig J. Tiedemann
    5. Michael P. Gerace
    6. ···
    12 lawyer answers

    There are many factors that go into the evaluation of damages in a case such as this. You are well-advised to consult with an experienced Medical Malpractice lawyer in Massachusetts. The beauty of AVVO is that you can research the credentials, experience and reviews of lawyer to determine who is best suited to assist you with this case. Good luck.

    3 lawyers agreed with this answer

  2. Was hit by a snow plow, What kind of a case do I have against other driver's insurance

    Answered almost 6 years ago.

    1. Marc Lawrence Breakstone
    2. Henry Lebensbaum
    3. Jessica Ann Foley
    4. Bruce H Murray
    5. Michael E Hendrickson
    5 lawyer answers

    I am guessing that you were not injured in the accident, or you would have sought representation. I say this because if you have a property damage claim, only, it probably is not worth getting a lawyer involved. If you had a lawyer, and if the insurer is now claiming it is a 50-50 claim on fault, then an effective advocate could probably get the insurer to accept greater responsibility. Unfortunately, you will have a difficult time getting a lawyer involved in a property damage claim. If...

    2 lawyers agreed with this answer

  3. I've been told it is very difficult to sue a "non profit" hospital. My relative was misdiagnosed in an ER, can we sue?

    Answered almost 5 years ago.

    1. James A Swartz
    2. Marc Lawrence Breakstone
    3. Andrew Daniel Myers
    3 lawyer answers

    There is indeed a charitable immunity cap of $20,000 in MA in claims agains a non-profit hospital. However, the cap does not apply to the physicians and nurses of the hospital. Based upon your description of your husband's care, you should certainly speak to an experienced medical malpractice lawyer. The first order of business would be to obtain your husband's complete medical records. If you have not been appointed the administrator or executor of his estate, that will be required as only...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. Defective product

    Answered almost 6 years ago.

    1. Marc Lawrence Breakstone
    1 lawyer answer

    You do not have a legal claim. It sounds like the seller is not a reputable retailer seller of cell phones. You may want to call the Attorney General's Office in your home state to report this individual. You may also want to contact the cell phone manufacturer to inquire as to whether you may have a claim under the phone's warranty.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. Dental malpractice

    Answered almost 6 years ago.

    1. Marc Lawrence Breakstone
    2. Henry Lebensbaum
    2 lawyer answers

    I think you need to speak to an experienced attorney regarding whether or not you should pursue a claim with a lawyer or try to work something out directly with the dentist. I will tell you that in my over 20 years of experience reviewing cases like yours, I generally do not pursue cases of failed crowns or complications from fillings. Because the investment of time and money by an attorney in a case like this would be relatively large (in the tens of thousands of dollars), unless your...

    2 people marked this answer as helpful

  6. Mother right to sue

    Answered almost 6 years ago.

    1. Marc Lawrence Breakstone
    1 lawyer answer

    As a practical matter, if the passenger in the other vehicle was injured, and her damages exceed your mother's liability insurance limits, your mother's insurance company will probably offer the full policy limits on your mother's policy and the case will probably settle. The fact that the occupants of the other vehicle are from Mexico and the fact that they were not wearing seat belts is not relevant. Finally, your mother cannot sue because the driver did not have a license. The only reason...

    1 lawyer agreed with this answer

  7. Can I take legal action, would this be small claims?

    Answered about 6 years ago.

    1. Djuna E Perkins
    2. Marc Lawrence Breakstone
    2 lawyer answers

    As a practical matter. No lawyer would represent you on a contingency fee basis. Your damages are too small to make it worth getting a lawyer involved. You could certainly send a claim letter directly to the airline. However, the overwhelming likelihood is that you will not get any satisfaction.

    1 lawyer agreed with this answer

  8. I was bit by a dog. Do I need to get a lawyer?

    Answered about 5 years ago.

    1. Marc Lawrence Breakstone
    2. Garrett Jorgen Lee
    3. Theodore John Koban
    4. Joseph K. Chancellor
    5. Gregory Casale
    6. ···
    7 lawyer answers

    You should speak with a lawyer who has experience with this type of case before you make any decisions about whether or not to sue. If you can identify the owner of the dog, and if the owner or keeper of the dog has homeowner's or renter's insurance, then your injury claim can probably be settled without filing a lawsuit. Some people handle these claims directly with the insurance company. However, you would be doing the insurance company a huge favor, and probably will obtain a much smaller...

    1 person marked this answer as helpful

  9. Not sure if I should persue my problem.

    Answered over 5 years ago.

    1. Marc Lawrence Breakstone
    2. Joseph K. Chancellor
    3. Christopher W. Vaughn-Martel
    3 lawyer answers

    You should speak with an experienced medical malpractice lawyer. However, my impression is that you probably do not have a viable case. It is not uncommon for fibroids to grow rapidly in premenopausal women. Even if the fibroid had been diagnosed earlier, your physician may have recommended a hysterectomy anyway. I assume you lost one ovary and tube. Therefore, you still have a functioning ovary and were not put into surgical menopause. While there may have been a delay in the diagnosis...

    1 person marked this answer as helpful

  10. If an injury occurs on your own property, can a claim be made against own homeowner's insurance?

    Answered over 5 years ago.

    1. Marc Lawrence Breakstone
    2. Joseph K. Chancellor
    3. Phil A. Taylor
    4. Alan James Brinkmeier
    4 lawyer answers

    You cannot sue yourself. If you fell as a result of a defect or dangerous condition on the property which was created by some other person, then you may be able to bring a claim against that person. For example, if a railing collapsed on your porch you may be able to sue the contractor who built the porch. If the condition which caused you to be injured was of your making, then you are out of luck.

    1 person marked this answer as helpful