Since 1987, Rath Young and Pignatelli has specialized in Medical Defense and Healthcare litigation in New England’s Trial Courts and Appellate Courts, and before administrative agencies and other organizations.  Our experienced and well-respected attorneys have been recognized by the American College of Trial Lawyers, Best Lawyers, Super Lawyers, Martindale Hubbell, the Business and Industry Association, and the New Hampshire Business Review.

We defend medical professionals, hospitals, medical practice groups, clinics, nursing homes, and assisted living facilities, against negligence lawsuits brought in state and Federal Courts.

We represent medical professionals and healthcare organizations in administrative proceedings before offices of professional licensure and certification, which oversee the Boards of Medicine, Nursing, Psychologists, Mental Health, Chiropractic, Podiatry, Dentistry, Allied Health, and others.  We also represent medical professionals in matters before the state and Federal administrative agencies including the Department of Health and Human Services and Bureau of Elderly and Adult Services.

Over the years, our litigators have tried numerous medical malpractice cases to Juries and many other cases to Judges, Board members, and Arbitrators with an impressive record of success.  We have also been involved in numerous appeals to the New Hampshire Supreme Court and the First Circuit Court of Appeals, defending successful trial court outcomes.  From our offices in Concord, Nashua, Manchester, Greater Boston, and Montpelier, we are committed to providing the best guidance and legal advice in the courtroom and the boardroom, through the legislative process, and before government agencies.

The Medical Defense Litigation Group has represented clients in a diverse range of matters. Among many trial results are:

• Winning verdict for internist (a patient’s family sued for alleged negligence for failing to prevent man’s death from a heart attack.)
• Winning verdict for family practitioners (a family sued alleging improper use of Coumadin led to a stroke.)
• Winning verdict for infectious disease specialist (a patient sued alleging failure to diagnose meningitis.)
• Winning verdict for psychiatrist (suit for failing to prevent inpatient psychiatric patient from causing self-injury.)
• Winning verdict for surgeon (suit alleging negligent performance of colonoscopy resulting in bowel perforation.)
• Winning verdict for hospital (lawsuit for chronic regional pain syndrome after foot surgery.)
• Winning verdict for psychiatric hospital (family filed suit alleging failure to prevent suicide of psychiatric patient.)
• Winning verdict for neurosurgeon (suit alleging injury to laryngeal nerve during carotid endarterectomy.)
• Winning verdict for gynecologist (suit alleging failure to diagnose post-surgery complications.)
• Winning verdict for neurologist (suit brought by family of patient who had a stroke.)
• Winning verdict for family practitioner (suit brought for injury in physician’s office after a test procedure.)
• Screening panel victory leads to dismissal of lawsuit (suit brought against general surgeon for injury during laparotomy.)

Not all cases result in Trial.  Our other victories include:

• Winning New Hampshire Supreme Court affirmance of a medical malpractice case involving claims related to foot surgery.
• Winning administrative hearing before Department of Health and Human Services on behalf of physician.
• Obtaining voluntary dismissal with prejudice for New Hampshire hospital in medical malpractice case during summary judgment proceedings related to an apparent agency claim.
• Obtaining voluntary dismissal with prejudice for New Hampshire nursing home after plaintiff’s expert witness failed to express criticisms and a motion for summary judgment.
• Obtaining voluntary dismissals with prejudice for New Hampshire radiologist and radiology practice in two lawsuits related to alleged delays in diagnosis of cancer.
• Winning summary judgment for New Hampshire hospital on statute of limitations grounds in case alleging treatment side-effects.
• Defeating attempts by New Hampshire Office of Professional Licensure and Certification (OPLC) to obtain ex parte emergency suspension of a New Hampshire physician, based upon lack of Due Process and inability to meet the requirements for emergency action.
• Overturning ex parte emergency suspension of a physician at a hearing before the Board of Medicine.
• Winning dismissal of New Hampshire Federal Court case involving claims against psychiatrist alleging improper prescriptions of antipsychotic medication to minor.
• Winning dismissal of New Hampshire Federal Court case alleging negligence by New Hampshire Primary event organizer caused injury to protestor.
• Winning summary judgment in products liability lawsuit involving claims of personal injury caused by allegedly faulty elevator door.

We have also had many successful – and confidential – defenses of medical providers before the Board of Medicine, Board of Nursing, Board of Psychologists, Board of Podiatry, and Board of Chiropractic Examiners.