Law Office of Nicholas H. Walsh, P.A.
Summary
Main Office
Telephone 207/772-2191 (Cell: 207/838-0690)
120 Exchange Street
Portland,
ME 04112
207-772-2191
Years of Experience
Since 1988
Websites
Practice Areas
Geographies
Office Locations
Nicholas H. Walsh P.A.
Telephone 207/772-2191 (Cell: 207/838-0690)
120 Exchange Street
Portland, ME 04112
"One of Portland's most experienced maritime attorneys." PORTLAND PRESS HERALD
A former Coast Guard Officer, commercial fisherman and merchant mariner, since 1988 Nicholas H. Walsh has used his practical knowledge to assist hundreds of New Englanders. The firm has two areas of emphasis: Jones Act work for injured sailors, and injuries occurring because of deficient medical or nursing care (medical malpractice).
The “Articles” section of this site contains useful information on these areas of the law. “From Injury to Judgment: Medical Malpractice Law in Maine” and “Where Does it Hurt: A Survey of Seaman’s Personal Injury Remedies” are just two useful articles. We suggest you review that material, and give us a call. Or just give us a call - We usually have time to talk at length about a new matter, and if not, phone calls are returned the same day.
If you have a claim for medical malpractice you may want to call us first. We regularly team up with other lawyers in representing medical malpractice clients, and we knows which lawyers are best for a particular case. For example, a lawyer highly experienced in surgical error may not have as much expertise in proving medication error or failure to diagnose.
For commercial fisherman and merchant mariners, the firm offers plaintiff's assistance in injury claims (including Jones Act and Unseaworthiness claims), fishery permit transfers and appeals, vessel sales and mortages, salvage representation and all other areas of admiralty and maritime law. Injured cruise ship and ferry passengers benefit from the same level of practical knowledge and legal expertise. We know the sea, we know the ships, we know the people, and we know the law really, really well. That's a powerful combination! Give us a call. 207/772-2191.
Articles Written
Legal Liability for Wrecked and Abandoned Vessels
Created On: 01/16/2012
If your boat sinks or is left abandoned, you may be legally liable for any damage it causes. Here's how it works.How to Buy a Boat
Created On: 11/16/2011
Find out how you can protect your investment in a new boat in case the builder runs into financial trouble.How to Buy a Boat
Created On: 11/09/2011
Learn about inspections for engineering problems and title checks when buying a used boat.From Injury to Judgment: Medical Malpractice Law in Maine
Created On: 09/10/2011
The right to sue a doctor is rooted in common law, almost always the law of torts (negligence), very, very rarely in the law of contracts.
Case History
A New Injury?
Practice Area: Personal Injury
Description: Client slipped and fell in a basement puddle while delivering kegs of beer, suffering a herniated disk. Plaintiff underwent emergency diskectomy, with excision (cutting out) of the herniated disk. Plaintiff delayed in bringing suit, and defendant claimed injury was recent, unrelated to fall. But Mr. Walsh's review of the pathology report of the excised disk material showed "areas of neovascularization", or new blood vessel growth. Knowing it takes many months for damaged intervetebral disk material to grow new blood vessels, Mr. Walsh, on cross-examination, was able to force defendant's expert doctor to admit that the "neovascularization" was proof the injury was not new, and in fact dated to about the time of the slip and fall.
Outcome: Large settlement for plaintiff.
Dead Man Walking
Practice Area: Medical Malpractice
Description: Client suffered from treatable chronic leukemia, and underwent a course of oral chemotherapy. The chemotherapy acted on the blood marrow, where various blood cells are produced, and if the treatment was prolonged the drug could irreversibly damage the marrow. For that reason the treatment required weekly blood work so the doctor could see when the therapy must stop. In this case, the doctor failed to order the correct blood tests, the treatment went on and on, and while what was tested for showed the treatment to be succeeding, the prolonged course of treatment destroyed the client's marrow. The doctor's first indication came when an alert lab technician ran the correct series of tests for this drug. Upon reviewing the results the doctor called his patient in, knowing from the test results that the patient was doomed. The case settled shortly after the client's tragic death - thus allowing the insurer to take advantage of the state's statutory cap on wrongful death damages . . .
Outcome: A big chunk of money for client's heirs - big deal.
It Never Should Have happened
Practice Area: Nursing Home
Description: Client was an elderly woman with no use of her left arm. She entered an assisted living facilty and was placed in a room at the end of a long hall on the second floor, far from the desk. Her only signalling device was a little china bell. The bedside lamp, rather than being bolted down, could tip over and the shade was flammable paper. Worse, it was placed on the client's left side, so the client could switch it off only with great difficulty, owing to her functionless left arm. A bed fire broke out and, with the bed pushed against the wall, the woman could not escape and was gravely burned. The facility's reaction to the fire was chaotic and panicky and contributed to the severity of the injuries. Our investigation showed not only that the lamp had been pulled into the bed and ignited bedclothes, but a seeming disdain by the facility for fire drills.
Outcome: Large settlement for family.
A Jones Act Case
Practice Area: Maritime
Description: Client was a salvage diver, working underwater on an overturned wreck in an Asian harbor. He was cutting piping off the wreck, bundling it with cable, and, once he was clear of the bundle, signalling the crane operator to pull the bundle free of the ship. Communications with the surface were very poor, with client's communications to the crane being relayed through several persons, not all of whom spoke much English. Having strapped one bundle, client got clear and signalled to crane operator to take a strain. As the bundle was being hauled clear, it hung up. Client told the crane to ease off, and, having made sure the strain was off and would stay off, client approached the bundle to clear the snag. Then the strain came on and the bundle of steel pipes dragged over the diver, nearly killing him and almost tearing his arm off. Our investigation, not surprisingly, showed a long list of departures from regulation and standard practice, beginning with the communications arrangement.
Outcome: Large pre-litigation settlement for client, who used some of the money to retrain as a salvage diving consultant.
Resume
Lawyers
Nicholas Walsh |
Free Case Review |
Location : Portland, ME
Practice Areas: Personal Injury, Maritime, Aviation, Product Liability, Medical Malpractice, Nursing Home, Wrongful Death