Boston Personal Injury Lawyers Blog

Boston Hospital, Beth Israel Deaconess Medical Center reported medical malpractice during surgeries on three different patients who underwent spinal surgery, two of which were performed by the same surgeon.

According to reports between 2006 and 2008, 11 spine surgery errors occurred in Boston, resulting in additional back surgery for most of the patients affected.

Site-operating errors are surprisingly common during back surgery, and often go unnoticed until a patient complains of lingering pain or a routine X-ray identifies that the incorrect vertebrae was operated on.

Beth Israel senior vice president of health care quality, Dr. Kenneth Sands said the mistakes were not connected and that the hospital has since improved its procedures, adopting a procedural checklist, and hired an expert to review spine surgeries. Even so said Sands, "it's still possible to make a human error.''

The full article is featured in the Boston Globe: Beth Israel erred in 3 spinal operations

Continue reading "Boston Patients Undergo Wrong-Site Spinal Surgery" »

It's that time of year again when a fall can cause a serious personal injury. In an article featured today in Boston.com's Daily Dose, Deborah Kotz gives us a few tips on how to prevent a 'slip and fall' injury on this first snow of the season in Boston.

To summarize (walk slow, take your time, maybe walk a little funny and try not to fall)

1) If you fall, try to fall on your butt. We have extra padding there.
2) Walk like a skier with a low center of gravity.
3) Walk like a penguin - keep your knees loose, point your feet out slightly and keep your arms extended to the side.
4) Avoid heavy bags as they can throw off your balance.
5) Don't take long strides, take short steps and shuffle like you are 90.
6) If you are older (over age 65) then exercise and physical therapy is good prep for a steady walk, at home add non slip tape to floors, bars in bathrooms and take vitamin D and calcium.

See more at Boston.com's article on Preventing injury from slips and falls.

Continue reading "The First Snow in Boston - Preventing Injury from Slips and Falls" »

A young woman suffered fatal injuries after she was hit by a bus early this morning around 8:49 AM in the Longwood Medical Area.

According to Boston police, who are investigating the accident, the woman was about 30 years old, was crossing Ruggles Street and Huntington Avenue, not far from Wentworth Institute of Technology and Longwood Medical Area. The woman was taken immediately to Brigham and Women's Hospital, where she died.

Police also reported that she had been trapped under the bus after she was hit. Police blocked the bus accident scene and are currently investigating the accident. The bus that hit the woman was a shuttle bus that was provided for the Longwood Medical Area.

According the Boston Globe, The operator, Paul Revere Transportation, released a statement saying it "is deeply saddened by the terrible tragedy that took place this morning. Our heartfelt prayers and sympathies go out to the family of the victim. Paul Revere is cooperating fully with the accident investigation. The driver involved in the accident has been removed from service and taken to Beth Israel Hospital."

Boston Globe Article on Woman Hit By Bus in Longwood Medical Area

Continue reading "Woman Killed by Bus in Boston's Longwood Medical Area " »

A water main break in Chelsea, Massachusetts resulted in about 200 customers losing their water supply. The public works department has had workers repairing part of the 100 year old pipe, as well as fully replacing about 12 feet of pipe where it ruptured causing a premises liability.

The rupture was likely not due to the recent cold weather but because the pipe was so old. The flow due to the break was stopped but the streets it flooded were sanded to prevent icing over potentially causing pedestrians and workers to slip and fall.

The full article and an embedded video is featured in the Boston Globe: Repairs underway to Chelsea water main

Continue reading "Chelsea Water Main Ruptures: Community Pipes Up" »

A Seekonk, Massachusetts high school student was killed on I-195 Friday, December 17, 2010 after being struck by a car that immediately fled the scene.

Family, students and community members gathered Sunday afternoon to grieve for the loss of Jacob M. Mayo.

Mayo who was 18, was walking in the breakdown lane heading westbound when he was hit, possibly by a red Hyundai Accent.

The full article and embedded video is featured in the Boston Globe: Seekonk grieves for teen killed in I-195 hit-and-run

Central Massachusetts authorities reported that three minors sustained burn injuries when a flammable liquid they threw into a campfire they were sitting around exploded. UMass Memorial Medical Center in Worcester treated the patients' second- and third-degree burns Saturday night.

According to the Boston Globe article, "Their names and ages were not released, and information about the extent of their injuries was not immediately available...."

Continue reading "Flammable Liquid Explodes in Kids' Campfire, Injures Three" »

This past Friday, December 3rd, a bus full of University of Massachusetts Amherst students careened off the highway in Putney, Vermont. In a group of three buses, one rolled over and landed into a side embankment. The buses were heading to a ski resort in Quebec, Canada. According to reports, the driver lost consciousness behind the wheel, and the bus then rolled over along the highway. Local paper reports stated that the bus "veered over the median and is now facing north, but in the southbound embankment." There were at least two dozen vehicles on the scene. The 49-year-old driver was air-lifted from the accident scene to the hospital. The bus driver was released from the Dartmouth-Hitchcock Hospital in Lebanon, New Hampshire on Saturday afternoon.

The accident left 17 students injured. Some students were injured from flying glass as the bus rolled over. The UMass website reported that the students were released on Saturday from hospitals in Brattleboro and Springfield Vermont. Initial police reports stated that 30 people were injured, three of them critically. There were actually 28 other students on the bus who were not injured, and in fact some passengers were not students. The discrepancies in reports were due to the chaotic accident scene.

The Boston Globe reported that the bus driver had been with the company for six or seven years, and has had no known health issues. He also passed a physical six months ago. The bus company owner, Joe Schoppy, told the paper that the bus driver was one of their best, and the accident was his first. He stated that the driver may have suffered a heart attack or anxiety attack immediately before the crash. An investigation into the cause of the accident is underway.

News report for this bus accident

Continue reading "Bus Accident With UMass-Amherst Students Crashes on a Highway in Vermont, Dozens Injured" »

A driver who fails through action or inaction to operate his vehicle with reasonable care is said to be negligent and can be held liable for all related injuries stemming from that negligence. At least, that is what the law in Massachusetts says; but the fact of the matter is the people involved in Massachusetts car accidents and the events leading up to them can play a significant role in the actual outcome of the case.

This scenario plays out most commonly in accidents where the defendant's responsibility is certain. In such car accident cases the defense attorney will shift the attention from the facts of the accident which clearly do not help the defendant, to the character of the defendant hoping to minimize the verdict against his client. In doing this, the hope is that if a jury likes the defendant as a person and thinks this was just an "accident" then it will not award the plaintiff what the law states it should. This is of course assuming that jurors believe that the manner in which the accident occurred was something that the jurors collectively could see themselves doing at one time or another.

In contrast, however, if the actions of the defendant leading up to the accident are so reckless that the jurors cannot relate, then the exact opposite will occur. Juries in these instances may be more likely to award more than it should in an attempt to punish defendant. Massachusetts does not allow for punitive ("punishing") damages in motor vehicle negligence cases which do not result in death. Despite this fact however, it is likely that a plaintiff will see a much larger verdict when the defendant is for example driving at an excessive speed or operating under the influence of alcohol, than in cases in which the defendant took his eye off the road for a second.

If you have been involved in a motor vehicle that caused an injury, contact the attorneys Parker Scheer LLP for a free confidential case review at 866-414-0400.

Continue reading "What Really Impacts the Outcome of Motor Vehicle Cases?" »

Every year, World Against Toys Causing Harm, Inc. (W.A.T.C.H.) comes out with its list of the "10 Worst Toys" for that year. Below is the 2010 list:

The list usually involves seemingly benign toys that the group has determined - or through incidents has confirmed - that there is a propensity for the toys to injure children. Let me first state that I think any group whose mission is to minimize or eliminate injuries to children using harmful toys is worthwhile and bringing the group's concerns to consumers is important given the seemingly benign nature of these toys.

The question then becomes what next? Do we boycott these toys, do we demand a product recall of the toys from store shelves, or do we as parents make an independent decision regarding whether to purchase these toys for our children or not? I believe too often, parents rely on others - be it the school, toy manufacturers, or the government - to weigh in on issues involving our children. When did that happen and because of that, do we as parents feel somewhat protected by our decisions because we are following the advice of others? I hope not. What is appropriate for one 8-year-old girl may not be appropriate for another 8-year-old girl. Who is in the best position to make those determinations? The school? Toy manufacturers? Government? Or are the parents in the best position to make those decisions and then be responsible for the consequences of their decisions. Are we better or worse off having agencies caring about the safety of our children? I believe the answer is "better off," so long as parents do not use these agencies as a substitute for prudent decision making for their children.

If an injury occurs to a child using a toy, and those parents decide to take action against the toy manufacturer, that toy manufacturer will seriously consider whether it makes sense to bring the parents into the case as defendants. Toy manufacturers will argue, among other defenses, that the parents were not supervising their child, they purchased a toy that was inappropriate for their child, or they did not follow the directions included with the toy. Massachusetts law regarding product liability can make these arguments fail, but you can imagine the toll it can take on parents to have blame placed on them as the cause of their child's injury.

While being an informed parent as to the dangers your children may be exposed to is important, it is equally important not to take a backseat to these agencies' decisions or recommendations regarding your own children.

Continue reading "Have we delegated our parental responsibilies to others?" »

The number is staggering and suggests a resounding "yes" to the question, are nursing homes over medicating its residents? A reported 71% of nursing home residents are being treated for mental health issues. While I have no doubt that a certain portion of this percentage is necessary and legitimate treatment, I have to wonder what percentage of that number is for unnecessary and illegitimate reasons; namely, to make difficult residents calm and "cooperative." This is form of deliberate over-medicating is a form of nursing home abuse.

What is even more alarming is that of the 71% of residents receiving mental health treatment, most of them received no such treatment in the months leading up to their admission. Now, of course, there can be several factors for this large increase in mental health treatment and I would suspect that nursing home directors would argue that these residents should have been receiving mental health treatment and only received the proper treatment upon admission. The other more cynical view is that once admitted, nursing home staff finds that residents are much easier to deal with when medicated.

Unfortunately, many nursing homes opt for medication as the mental health treatment of choice over therapy or utilizing behavior changes, sometimes upsetting patients. While there are patients - ie. those with advanced dementia or Alzheimer's disease - that are not candidates for therapy sessions due to their illness, there are many residents that may benefit from this modality.

Residents and family of nursing home residents, if they are unable to make decisions for themselves, have the right to opt out of anti-psychotic medications. While I am not advocating and all out ban on these medications, I do urge that residents and families seriously consider the risks and benefits of taking same, discuss other treatment options with their family physician, and make an informed decision about whether these medications are the right choice of treatment and which nursing home is best for their loved ones.

Continue reading "Are Nursing Homes Over-Medicating Residents?" »

As The New York Times title declares, Study Finds No Progress in Safety at Hospitals. Since 1999 when the Institute of Medicine conducted a report that discovered 98,000 deaths were the result of medical mistakes in U.S. hospitals, efforts and overhauls were made to improve patient safety. The New England Journal of Medicine (NEJM) evaluated 10 hospitals in North Carolina between 2002 and 2007, which represented a variable cross-section of hospitals throughout the country. The studies found that "harm to patients was common and that the number of incidents did not decrease over time." The number of procedural complications, drugs incorrectly prescribed, hospital-acquired infections, and wrongful deaths did not decrease with the hospitals attempts to do so.

Other studies, however, show that progress in hospital safety would most likely result from the implementation of computerized systems to order drugs for patients, and to report medical errors. 162 of the 2,341 cases recorded during the NEJM study were caused because patients were prescribed the wrong medication. These medical errors were reported voluntarily by patients. Leapfrog Group, a patient safety organization, whose mission it is to "trigger giant leaps forward in the safety, quality and affordability of health care," believes a mandatory monitoring system would great improve the frequency of reports, and hopefully the frequency of errors.

According to The Times Article, Leah Binder, the chief executive officer of the Leapfrog Group, said it was essential that hospitals be more open about reporting problems.

"Right now you ought to be able to know the infection rate of every hospital in your community."

For hospitals with poor scores, there should be consequences, Ms. Binder said: "And the consequences need to be the feet of the American public."

Continue reading "Hospital Safety Progress Not Improving" »

"Brookline could soon unleash an annual fee on dog owners who wish to let their pets run untethered in local parks," reports Article on Brookline Dog Leash Law">Boston Globe Town Correspondent Brock Parker.

Brookline officials proposed charging residents who choose not to leash their dogs an annual fee of $50, per dog. Non-residents might have to pay $100, as there is a chance for dog bites, traffic accidents, and over-grazing designated park space.

The money from the fee would pay for Brookline park cleanup, as well as educating the town's people on its off-leash initiative, Green Dog Program.

Some dog owners compare the current freedom to let their dogs meander Brookline parks without leashes to unorganized human activities, for which there are no proposed fees.

"What I see is bureaucracy spreading out of control and justifying extra costs for the citizens," dog owner Ron Scharlack told selectmen at a meeting about the proposal Tuesday.

Matt Garvey elaborated on Scharlack's point during the meeting, "The way I see it, it sounds like more of a sin tax than a use tax."

Some dog owners, like Carol Hillman, said she would be happy to pay the fee if it supports Brookline park rangers, as Commission member Nancy O'Connor said it might.

Officials have been considering an annual off-leash fee since 2008, but weren't sure it would be received well. The Green Dog Program, which maintains space for dogs to run leash-less, costs the town about $55,000 a year. The proposed fees could bring in about $30,000.

Continue reading "Possible Brookline Fee or: How I Learned to Love the Leash" »