Jeffrey Raphaelson

Jeffrey Raphaelson

Attorney Profile

Top Rated Medical Malpractice Attorney in Worcester, MA

Raphaelson, Attorneys At Law
 | 340 Main Street, Suite 565
Worcester, MA 01608
Phone: 617-204-9800
Selected to Super Lawyers: 2006, 2013 - 2018
Licensed Since: 1988
Practice Areas:
  • Personal Injury - Medical Malpractice: Plaintiff (40%),
  • Business Litigation (30%),
  • Personal Injury - General: Plaintiff (30%)
Attorney Profile

Jeffrey S. Raphaelson is a trial lawyer with over twenty-five years experience resolving business disputes and complex, serious personal injury matters. Mr. Raphaelson focuses his commercial litigation practice on partnership and shareholder disputes, unfair and fraudulent business practices, insurance disputes, and construction disputes. His personal injury practice concentrates on medical malpractice, product liability, and automobile accident cases, usually involving catastrophic injury, brain damage, or wrongful death.

Massachusetts Lawyer’s Weekly named Mr. Raphaelson a "Lawyer of the Year" in 2010. He earned a Top Ten Jury Verdict in Massachusetts in 2007, establishing liability against a United States escalator manufacturer for a defective escalator manufactured and installed in the People’s Republic of China. He earned a Top Ten Jury Verdict in Massachusetts in 2010, establishing liability against a Worcester hospital for failure to properly diagnose and treat a stroke and cancer patient.  He earned a top five medical malpractice settlement in 2011 against emergency room providers who misdiagnosed a client's brain bleed as a migraine headache.  He earned a top ten medical malpractice settlement in 2015 against a surgeon at a leading Boston Hospital.

Mr. Raphaelson has been a panelist or presenter on trial advocacy for the Boston Bar Association and Worcester County Bar Association. He is a graduate of University of Vermont (1984) and Boston University School of Law (1988), where he received the G. Joseph Tauro Distinguished Scholar Award.

Mr. Raphaelson has offices in Boston and Worcester, Massachusetts.

About Jeffrey Raphaelson

Admitted: 1988, Massachusetts

Professional Webpage: http://www.raphlaw.com/attorneys/bios/jeffrey-raphaelson.htm...

Honors and Awards:

  • Top Ten Medical Malpractice Settlement, Lawyers Weekly, 2015
  • Top Five Medical Malpractice Settlement, Lawyers Weekly, 2011
  • Top Ten Jury Verdict in Massachusetts, Massachusetts Lawyers Weekly, 2010
  • a "Lawyer of the Year", Massachusetts Lawyer's Weekly, 2010
  • Top Ten Jury Verdict in Massachusetts, Massachusetts Lawyer's Weekly, 2007
  • G. Joseph Tauro Distinguished Scholar Award

Bar/Professional Activity:

  • Boston Bar Association; Worcester County Bar Association; American Association of Justice; Massachusetts Academy of Trial Attorneys

Verdicts and Settlements:

  • $2.64 Million Settlement After Gynecologist Misdiagnoses Cancerous Tumor As A Benign Cyst Client, a 68 year old woman, presented to her primary care physician for a complete physical examination. Her PCP found a 2 cm mass in Client’s posterior vaginal wall during the examination and appropriately referred Client to a gynecologist. The gynecologist saw Client one week later and misdiagnosed the mass as a benign cyst without first performing an ultrasound, which would have confirmed that the mass was solid and complex and required immediate workup. The gynecologist instead entered an order in the medical record for Client to see him again for a two-month follow-up visit. Client understood that the gynecologist did not want to see her again, and the gynecologist’s staff did not schedule a follow-up appointment. Ten weeks after visiting the gynecologist, Client presented back to her PCP with new rectal discomfort, which the PCP diagnosed as a painful hemorrhoid. The PCP gave deposition testimony that during the visit she informed Client that the gynecologist wanted to see Client again. The PCP testified that she accessed the gynecologist’s consult note on her computer and read it to Client, including the portion about the follow-up visit. The audit log of the PCP’s access to Client’s medical record, however, established conclusively that the PCP did not access the gynecologist’s consult note during the visit. Client testified that the PCP never told her that the gynecologist wanted to see her again, or that there may be a relationship between her new rectal symptoms and the mass. Ten months later, a second gynecologist correctly diagnosed the mass as an aggressive, malignant gastrointestinal tumor. It had grown to 8 cm. Because of its size and location, Client underwent a pelvic exenteration, leaving her with a permanent colostomy. She also suffered complications from radiation therapy and the extensive surgery, including chronic pain at the surgical site. Client remains cancer free. We engaged experts on gynecology, gynecologic oncology, primary care, neuropathic pain, and EPIC electronic medical record software and audit log reporting. Our experts were prepared to testify that had the mass been diagnosed when it was 2 cm, Client would have avoided the exenteration surgery and the radiation therapy, and likely would have returned to her pre-surgical lifestyle without any significant change. The gynecologist’s experts were prepared to testify that the gynecologist’s two month follow up order was within the standard of care, and that Client likely would have had substantially the same medical outcome even if the mass had been diagnosed correctly when it was smaller. The PCP’s experts were prepared to testify that the PCP acted appropriately in referring Client to the specialist and that nothing she did in the ten week follow-up visit was in violation of the standard of care. The case settled for $2.64 Million., 2018
  • $1.6 Million Medical Malpractice Settlement for Delayed Diagnosis of Child's Hip DysplasiaMia was four months old when the Defendant radiologist read an X-ray of her left hip as normal and showing no dislocation. Unfortunately, the X-ray showed that Mia had a dislocated hip, and Defendant’s mis-read of the film delayed the diagnosis of Mia’s hip dysplasia for more than two years. We claimed that the delayed diagnosis effectively eliminated less invasive, non-surgical medical management to try to correct the condition, and worsened Mia’s prognosis. We claimed that if Defendant read the X-ray correctly: (1) Mia would have been diagnosed with developmental hip dysplasia at four months of age and treated at that time non-surgically with a Pavlik harness or brace or by closed reduction of her hip and casting; and (2) Mia likely would have had a good medical outcome. Instead, because of the delay in diagnosing Mia’s condition due to misinterpretation of the X-ray, we claimed, Mia likely will develop an abnormal hip leading to early arthritis in the hip joint and hip replacement surgery at a relatively early age.  Defendant denied that his failure to read the X-ray as showing a dislocation was a breach of the applicable standard of care, or that Mia suffered any material harm as a result. More specifically, Defendant maintained that even if he had read the X-ray as showing a dislocation and the diagnosis led to immediate medical care, Mia likely would have required the same surgery and her medical condition and course of treatment otherwise would not have been materially different. Defendant denied that Mia has a poor prognosis or that she likely will require hip replacement surgery at an early age.  Defendant’s insurance coverage was a $2 million wasting insurance policy, or a policy that reduced by the attorney’s fees and costs incurred to defend the claim. We settled Mia’s claim and the loss of consortium claims of her mother and father before filing a lawsuit for $1.6 million. We engaged a professional trustee who engaged a professional investment advisor to manage Mia’s settlement funds for Mia’s future., 2016
  • $3.5 Million Settlement For Undiagnosed Compartment Syndrome and Transtibial Amputation in Medical Malpractice CaseClient underwent osteotomy and heel cord lengthening surgery at a leading Boston Hospital to correct a foot deformity and contracture of his tendons that resulted from muscular dystrophy.  During recovery from the surgery, Client experienced extreme pain, which we claimed was atypical given the nature of Client's surgery.  Though a staff member alerted the attending surgeon to compartment syndrome as a potential cause of Client's extreme pain, the attending surgeon ordered pain medication without first performing and investigating a differential diagnosis of the pain.  As a result, we claimed, Client suffered compartment syndrome in his lower leg and foot that the surgeon failed to timely diagnose and treat, leading to transtibial or below-knee amputation of Client's leg., 2015
  • $3 Million Settlement for Patient’s Brain Bleed Mistaken for Migraine Client presented to a community hospital emergency department with a ruptured aneurysm – a potentially life-threatening illness that required urgent medical treatment. The emergency department physician misdiagnosed her condition as a migraine headache and sent her home.  As a result, Client’s treatment was delayed, which led to significant neurological injury. We worked with Client’s family to obtain a settlement of Client’s claim that included a sustainable solution for Client’s long-term care and supervision, and that responsibly provided for the needs of Client’s minor children. , 2011
  • Jury Awards Family $1.9 Million Against Saint Vincent Hospital, LLC for Hospital’s Neglect Joe presented to the Saint Vincent Hospital, LLC emergency department with recent strokes. The hospital diagnosed his condition as vertigo and sent him home.  Health care providers eventually diagnosed the underlying disease causing the strokes - a rare form of cancer - and cured Joe, but by that time he had suffered significant neurological damage.  We worked with Joe’s family to hold Saint Vincent Hospital, LLC liable for the delay in treatment and resulting neurological damage., 2010
  • Child Injured in China Obtains $3.35 Million Jury Verdict in United States Against Otis Elevator Company Kevin was visiting his grandmother in the People’s Republic of China when he fell on an escalator and his right hand became caught in the space between the escalator’s moving steps and the stationary skirt panel located adjacent to the steps, nearly amputating his hand. Raphaelson & Raphaelson worked with Kevin and his family to hold the world’s largest escalator and elevator company, Otis Elevator Company (“Otis”), responsible for the defective product., 2007
  • Seven Figure Settlements for Family That Tragically Lost Two to Medical Malpractice The family of a 29-month old child brought a wrongful death claim after the child suffered respiratory failure at a long-term rehabilitation hospital. The defendants maintained that the child was very sick and that her death was an unfortunate medical outcome. We maintained that the child’s physician failed to create an adequate treatment plan for the child’s serious medical condition and that the staff failed to adequately monitor the child’s condition. The family of the child’s mother, a 32 year old woman, brought a wrongful death claim after the woman suffered respiratory failure in an emergency room. The hospital claimed that the woman died because she took an overdose of prescription medication. We maintained that the hospital treated her improperly after she arrived at the emergency room, and failed to adequately monitor her condition. 
  • Restaurant Owners Recover $1.5 Million Against Landlord and Bank on Fraud and Breach of Fiduciary Duty Claims Summary judgment against bank for unfair and deceptive business practices in violation of the Massachusetts Consumer Protection Act. The Bank paid over a half-million dollars in punitive damages and attorney’s fees in settlement that followed. 
  • Judge Orders Massachusetts Mutual Life Insurance Company to Pay Disability Policy Benefits Totaling More Than $1.7 Million Insurance company claimed insured made a material misrepresentation in application for disability coverage, and refused to honor policy after insured became totally disabled. Raphaelson & Raphaelson proved that insurer’s agent added statement to application after insured signed, and therefore was not binding on the insured.

Educational Background:

  • Boston University School of Law, 1988
  • University of Vermont, 1984
Office Location for Jeffrey Raphaelson

340 Main Street
Suite 565
Worcester, MA 01608

 

Jeffrey Raphaelson:

Last Updated: 6/4/2018

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