Boston Injury Lawyer Blog

The Supreme Judicial Court has thrown out a 125-year old ruling that allows there to be a distinction between snow and ice conditions caused by nature and those that accumulate artificially. In a unanimous Massachusetts slip and fall ruling, the state’s high court said that effective immediately (and retroactively to pending lawsuits) it will no longer be reasonable for a property owner to allow ice or snow to accumulate on a walkway even if either got there by natural means.

The court’s decision comes in the Massachusetts slip and fall lawsuit filed by Emanuel Papadopoulos against Target and Weiss Landscaping, the snowplow company it hired to clear snow and ice from in Liberty Tree Mall. Papadopoulos was involved in the Danvers slip and fall accident in 2002 when he slipped on snow that had turned into ice in the parking area.

While lower courts had ruled in favor of the defendants as a result of the distinction between “artificial” and “natural” ice, which holds that property owners are not violating their duty of care when they don’t remove natural accumulations of ice and snow, the Supreme Judicial Court’s ruling now paves the way for Papadopoulos’s Massachusetts slip and fall lawsuit to go back to a lower court for reconsideration.

Common kinds of slip and fall injuries:
• Bruises
• Scrapes
• Broken bones
• Fractures
• Hip injuries
• Traumatic brain injuries
• Spinal cord injuries
• Resulting health complications

Boston, Massachusetts Slip and Fall
Boston slip and fall injuries can be excruciatingly painful and costly to treat. You may have grounds for a Boston premises liability case.

High court changes rules on slip-and-fall lawsuits, Boston.com, July 26, 2010

SJC upends 100 years of slip-and-slide law, Boston Business, July 26, 2010

Related Web Resources:
Slip and Fall, Nolo

Massachusetts Supreme Judicial Court

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A study of 323 Boston dementia patients from 22 assisted living facilities is calling into question whether treating residents advanced stage dementia patients who are suffering from pneumonia with antibiotics is the proper course of action. According to the study’s findings, which was published last week in the Archives of Internal Medicine, antibiotics may prolong a dementia patient’s life for about nine months. However, in the meantime, the resident may be experiencing greater pain, anxiety, and depression. Patients who were not treated with antibiotics appeared to experience greater levels of comfort than residents who were given the medication.

Pneumonia is a common illness for patients with advanced dementia because they have swallowing problems, making it easy for food to get caught in their lungs, and their immune system is likely impaired. The researchers are saying that it is important that caregivers discuss medical options with a patient’s family first rather than automatically treating his/her pneumonia with antibiotics..

Unfortunately, many nursing homes don’t consult with a patient’s family members first because they are worried they might get sued for Boston nursing home negligence. To cover their bases, they provide aggressive medical care—an option that might not be the best course of action for every resident.

Boston Nursing Home Negligence
It isn’t enough for a Massachusetts assisted living facility to provide a patient with medical and nursing care. The type of treatment provided must be the the one that's best one for the patient’s specific needs. It is important that the resident or family members are consulted about medical decisions and informed consent is obtained.

Study questions dementia care, Boston.com, July 13, 2010

When Pneumonia Follows Severe Dementia, New York TImes, July 23, 2010

Related Web Resources:
Alzheimer's Disease and Other Forms of Dementia, WebMD

Archives of Internal Medicine

Continue reading "Dementia Care: Are Boston Nursing Homes Providing the Proper Medical Treatment When They Use Antibiotics to Treat Pneumonia?" »

CPR was performed on a 13-year-old boy on Monday night at the Holiday Inn on Jones Road in Falmouth. The boy nearly drowned while in the hotel pool.

Now that summer is here, the number of drowning and near drowning incidents for the year will undoubtedly go up. It is important that pool owners and supervisors, both of residential and private pools and hot tubs, make sure that the proper safety measures are in place to prevent Massachusetts drowning accidents from happening.

Just this Saturday, 2-year-old twins died in a Lynnfield drowning accident in their own pool. Veronica and Angelina Andreottola appear to have fallen into the water because a retractable cover was not completely covering the pool. Police say the toddlers may have pushed the button for the cover. Their death comes just weeks after state Representative Robert J. Nyman died from an accidental drowning in his own backyard pool.

Pool owners can be held liable for Boston personal injury or wrongful death if their negligence allowed another party to drown, nearly drown, slip and fall, or injure themselves in any other way in or around a pool or a whirlpool. Kids and adults that don’t know how to swim or are prone to certain health complications are at risk of drowning. Adequate supervision, such as lifeguards or an adult that knows how to swim and perform CPR, proper lighting, making sure the pool is clear of debris so that anyone drowning at the bottom can be easily detected, and placing rescue equipment in the pool area are just some of the steps that a property owner can take to decrease the chances that a Boston pool drowning accident will happen. Installing retractable covers, pool fences, and secured gates around the pool area can help.

CPR performed on 13-year-old near drowning victim at Falmouth hotel pool, CapeCodToday, July 20, 2010

Surveillance tape looked at in twins' drowning, WHDH, July 20, 2010

Legislator’s autopsy determines death was accidental drowning, Boston.com, June 28, 2010

Related Web Resources:
CPSC Warns Backyard Pool Drownings Happen "Quickly and Silently", CPSC

Drowning Facts, YMCA

Unintentional Drowning: Fact Sheet, CDC

Continue reading "13-Year-Old Nearly Drowns in Falmouth Swimming Pool Accident at Holiday Inn" »

A construction worker hurt his back and fractured his ribs on Monday during what is being described as a Shrewsbury slip and fall accident through the roof of an AutoZone that is under construction. The victim is employed by M&M Drywall of Georgia, a subcontractor for this job.

The worker fell 15 feet during the Massachusetts construction accident. According to Shrewsbury Fire Chief James M. Vuona, who is quoted on Telegram.com, the man fell after lifting a piece of plywood that was covering one of the openings of the auto parts store’s unfinished roof.

Vuona says that the Massachusetts fall accident may have happened because the surface that the worker was standing on was wet—either from dew or rain. The Occupational Safety and Health Administration has opened an investigation into the Shrewsbury construction accident.

Boston, Massachusetts Construction Fall Accidents
Fall accidents from roofs, skylights, cranes, scaffolds, and other elevated heights are a common cause of serious injuries to construction workers. Construction falls can lead to traumatic brain injuries, spinal cord injuries, paralysis, coma, and even death. While an employer is supposed to pay Massachusetts workers’ compensation benefits for work injuries and deaths, disputes sometimes can arise, and this is where an experienced Boston workers' compensation law firm can help you. There also may be third parties who should be held liable.

There are safety measures that must be in place to protect construction workers from getting hurt in a fall accident. For example, the roof of a structure under construction must be finished to a degree where it is safe enough for workers to go on it. Also, workers must be equipped with the proper protection and safety procedures must be abided by.

Man injured in job accident, News Telegram.com, July 13, 2010

Related Web Resources:
Falls, OSHA

Construction Safety, National Institute for Occupational Safety and Health

Continue reading "Construction Worker Injured During Massachusetts Slip and Fall Accident Through Roof" »

The parents of 7-month-old Kaylee Marie Drolet are suing Baystate Medical Center in Springfield and four doctors for Massachusetts medical malpractice. Matthew Drolet and Samantha Martino claim the defendants conducted an autopsy on Kaylee and took out her organs without their consent. The hospital disagrees, claiming that Martino gave her verbal consent that her baby’s organs could be removed.

Kaylee passed away on March 31, 2007. The infant had suffered from a very rare genetic disease called Charged syndrome.

Martino, 26, says that minutes after Kaylee was pronounced dead, a hospital doctor asked her to complete paperwork for an autopsy. She claims that she asked him to come back later but that he never did.

Martino and Drolet, 24, say that they didn’t know that Kaylee’s organs had been removed until after the funeral director told them that they were not in her body. The couple filed their Massachusetts injury lawsuit in Hampden Superior Court. They are claiming emotional distress, pain, and suffering.

A Baystate spokesperson contends that the hospital abided by state regulations and its own policy when getting Martino’s consent and that two hospital employees were on the phone when she agreed to the procedure.

However, Martino denies giving her consent and her signature is not on the consent form. Barring certain exceptions, usually involving public health and criminal issues, under Massachusetts law and regulations next of kin must give their consent before an autopsy can be conducted.

Boston Medical Malpractice
Medical mistakes can be extremely traumatic for the victims and/or their families. If you believe that you or your loved one underwent the wrong surgery, an unnecessary medical procedure, or were the victims of hospital negligence, medication mix-ups, failure to obtain informed consent, anesthesia errors, wrong diagnosis, delayed diagnosis, poor postoperative care, or any other type of medical mistake, it is important that you explore your legal options for filing a Boston, Massachusetts malpractice claim as soon as possible.

‘Her heart is somewhere else’, Boston Herald, July 11, 2010

Springfield MA-based Hospital Sued for Autopsy, Organ Removal Without Consent, Justice News Flash, July 12 ,2010

Related Web Resources:
Baystate Medical Center

CHARGE Syndrome

Massachusetts Law About Burial, Cremation and Funerals, Massachusetts Law Libraries

Police are investigating a New Bedford dog attack on Friday that left a 22-year-old UMass Dartmouth student with serious injuries. WPRI reports that the man was walking close to Country and Robeson Streets in the evening when three pit bulls came out of a residence and mauled him.

According to witnesses, they jumped on the man, biting him all over his body. A number of people tried to rescue him, while drivers blasted their horns to scare the dogs away.

The student was transported to Saint Luke’s Hospital for treatment. He will likely have to undergo facial reconstructive surgery.

In other recent Massachusetts dog bite news, Lex Lizotte, a 5-year-old boy and his babysitter Karen Bruno O'Leary, 38,were injured when her bulldog attacked them in Lakeville. O’Leary reportedly held her dog, which kept biting her, until police arrived. They shot the animal nine times. Neighbors have said that dog has never a problem in the past.

Lizotte had to be flown to Boston Children’s Hospital where he underwent four hours of surgery for treatment of his injuries. O’Leary sustained serious facial and arm injuries from the Massachusetts dog attack.

Boston Dog Attacks
Dog owners can be held liable for dog bite injuries sustained by a victim. Common dog bite injuries include bite marks, open wounds, puncture wounds, rabies, nerve damage, organ damage, facial injuries, infection, and disfigurement. These injuries can be extremely painful, disfiguring, and traumatic. They may require costly surgeries to remedy and victims can be left scarred and disfigured for life. Kids and the elderly are especially susceptible to serious Massachusetts dog bite injuries. A person who is attacked by a dog may developed a fear of dogs, which can impede his/her ability to live a normal life. A dog owner does not have to be negligent in order be held liable for your Massachusetts dog bite injuries.

3 pit bulls attack man in New Bedford, WHDH, July 12, 2010

Lakeville boy, 5, survives vicious mauling, Boston Herald, June 25, 2010

Related Web Resources:
Animal and Dog Bites, Justia

Dog Bite Prevention, CDC

Continue reading "New Bedford Dog Attack Involving Three Pit Bulls Leaves UMass Dartmouth Student with Serious Facial Injuries" »

According to police, 21-year-old Evan Hoffman had just been released from jail on bail an hour before his Jeep Cherokee crossed the double yellow lines on Beacon Street to crash head-on into a minivan shortly after 6am on June 26. The Newton car accident claimed the life of the van’s driver, Chelsea resident Jose Puzul-Peres. Hoffman has not been charged In the Massachusetts traffic crash, which is still under investigation.

Hoffman, however, was arrested at around 3am that day for allegedly kicking cars and smashing windshields on Beacon Street. According to police, the 21-year-old Newton resident was shirtless, swinging a belt at the windshields, and yelling at women on the street. He was arrested and charged with three counts of destruction of property and disorderly conduct. A bail bondsman then helped him get out of jail.

It was just on June 24 that Hoffman had gotten back the use of his driver’s license, after a one-year suspension, and was released from probation for a 2008 drunk driving conviction involving him crashing his mother’s vehicle and leaving the car accident site. Also, according to Registry of Motor Vehicles records, during the time that Hoffman’s license was suspended he was involved in a New York car accident. The records also indicate that the registration of the Jeep he was driving during the Newton car accident that killed Puzul-Peres had been revoked.

To determine who is liable for causing your Boston, Massachusetts car accident, it is important that you consult with a Boston injury law firm to explore your legal options. There may be more than one party who should be held liable. You have three years from the time of injury to file your Massachusetts personal injury lawsuit.

Driver in fatal Newton crash had prior accident with suspended license, Wicked Local, July 2, 2010

Police: Man Smashing Windshields In Fatal Crash, WCVB Boston, July 2, 2010

Related Web Resources:
Massachusetts Highway Department

MassDOT

Insurance Institute for Highway Safety

Three teenage residents in a Canton Group home had to be taken to the hospital on Friday after they were injured during a group brawl. About six staff members were also involved in the altercation. The home is run by the Judge Rotenberg Educational Center, which is known for using electrical skin shock to discipline students. Police and center officials say these shocks were not used on Friday.

Injuries from the brawl included a broken hip, wrist, and nose. The brawl may have broken out when one of the students ignored a staff member’s instructions that it was time to go to bed. Some of the staffers who were involved in the fight had put on helmets.

Most of the 200 students at the center have autism, behavioral disorders, or intellectual disabilities. About half of them wear electrodes on their skin, which allows staffers to trigger 2-second shocks using a handheld device. The electric shock procedure is sanctioned by the state of Massachusetts.

Earlier this year, the US Justice Department launched an investigation to examine of some of the residential school’s methods. According to a letter signed by over two dozen advocacy groups last year, residents at the center who have state-approved plans giving permission for electric shock as a behavior-control method are given these painful shocks if they interrupt others, stop working for over 10 seconds, whisper, or get out of their seats.

Schools and other facilities responsible for minors under their care can be held liable for Boston personal injury if negligence, carelessness, or recklessness contributes to causing a student, resident, or participant to sustain injuries or die. Physical abuse, neglect, failure to properly supervise, failure to protect, violent disciplinary methods, verbal threats, and failure to remove or repair hazards from the premise are some reasons why a student and his/her family might decide to file a Massachusetts injuries to a minor claim.

3 injured in brawl at group home, Boston.com, June 29, 2010

Feds Launch Probe Of School That Uses Electric Shock, Disability Scoop, February 25, 2010

Related Web Resources:
Judge Rotenberg Educational Center

Types of Personal Injury Damages, Justia

Continue reading "Three Teens Injured in Canton Group Home During Brawl" »

By refusing to hear an appeal from the Vatican, the US Supreme Court has allowed a sexual abuse lawsuit against the Holy See to move forward. The clergy sexual abuse complaint accuses the Vatican of working with US church officials to transfer a priest to different cities in the wake of allegations that he was abusing a number of young people.

The sexual abuse complaint, John V. Doe v. Holy See, was filed in 2002. The plaintiff, who is now a grown male, says that Rev. Andrew Roman molested him on a number of occasions during the 1960’s. He claims that that the Vatican, the Archdiocese of Portland, and others protected the priest from having to be held accountable for his crimes by transferring him to different locations.

Per the clergy sex abuse complaint, Ronan starting molesting boys in the mid-1950’s when he was a priest in Ireland. He was then sent to Chicago and later transferred to St. Albert’s Church in Portland, Oregon, where he allegedly sexually abused the plaintiff. Prior to Ronan’s passing in 1992, the priest admitted that he molested three boys while in Illinois.

The Vatican’s US attorney has attempted to have the federal courts toss out the complaint on the grounds of sovereign immunity. Under the Foreign Sovereign Immunity Act, sovereign states are immune from lawsuits. However, the lower federal courts have ruled that there may be an exception in this case. One judge ruled that the connection between Ronan and the Holy See was strong enough that under state law he could be considered an employee of the Vatican. The 9th U.S. Circuit Court of Appeals upheld the ruling. Meantime, the Vatican continues to maintain that it should not be held responsible for priests’ individual actions.

Massachusetts Sexual Abuse
Victims of sexual abuse are often left with permanent emotional and psychological scars for life. Sexual abuse is a crime. Over the years, the clergy sex abuse has injured many across the globe. In many cases, the Church looked away, and did not protect the victims—most of them children. Instead, the priests that were the abusers were the ones who were protected, which allowed many of them to continue molesting more people.

Court lets Vatican-sex abuse lawsuit move forward, Washington Post, June 28, 2010

Vatican Bid to Dismiss Suit On Abuse Won't Get Review, The Wall Street Journal, June 29, 2010

Related Web Resources:
Abuse in the Catholic Church, Boston Globe

John V. Doe v. Holy See, C9uscourts.gov (PDF)

Vatican: The Holy See

Continue reading "US Supreme Court Allows Sexual Abuse Lawsuit Against the Vatican to Proceed" »

According to emergency room doctors, the fear of ER medical malpractice is what prompts some of them to overtest and overtreat patients. As a result, CT scans, blood tests, and prescription drugs may be ordered even though a patient actually doesn’t need them. Unfortunately, health complications can arise as a result of medical overtreatment.

Because of the fast-paced nature of Massachusetts emergency rooms, doctors don’t have the luxury of sitting down and extensively interviewing each patient. By ordering additional tests or providing more care than what a patient’s initial symptoms may indicate, many ER physicians are covering their bases. They also may feel pressure from patients who come into the ER demanding that they get an X-ray or a CT scan with results that can actually be verified instead of just a visual exam by a doctor.

However, what many patients don’t realize is that overtesting and overtreatment not only results in more expensive medical bills, but they also can increase health risks. For example, taking unnecessary prescription drugs can up the chances of complications. A CT scan not only only stresses out the body, but it also can infuse it with three years worth of radiation. The ER physician that ordered the unnecessary test or provided excessive medical care may later end up the defendant of a Boston medical malpractice lawsuit.

Emergency Room Facts (from AP):
• More than 116 million ER visits take place in the US every year.
• Chest pain and abdominal pain are two of the most common reasons why adults go to ERs.
• In nearly 50% of ER visits in 2006, ER doctors ordered CT scans, X-rays, and other imaging tests.
• 75% of ER patients were given medication, including antibiotics.
• 1/3rd of ER patients were given blood tests.
• From 2006 – 2008 more than 600 medical malpractice lawsuits were filed against ER doctors—that’s approximately 3% of their patients.

The Associated Press, which recently conducted an extensive review of medical overtreatment, reports that excessive medical care is an issue of concern not just in the ER arena, but also in other medical fields. Back pain, which is considered the leading overtreated condition, often results in repeated MRI scans and unnecessary spinal surgeries. Tens of millions of antibiotics are prescribed for colds and other viruses that medication can't cure. Thousands of patients that have had stents inserted in them for blocked heart arteries could have been treated with medication instead.
ER doctors: Lawsuit fears lead to overtesting, AP/Google, June 21, 2010

Medical Overtreatment May Be Making Us Sicker, CBS News, June 7, 2010

Related Web Resources:
Malpractice and the emergency room, Wrong Diagnosis

Hospitals and Medical Centers, Search Boston

Continue reading "ER Doctors Say They May Overtest and Overtreat Patients Because of Fear of Medical Malpractice Lawsuits " »

The Massachusetts Senate and House have come up with a compromise proposal to combat distracted driving. Included in this agreement is a statewide ban on texting while driving, as well as a ban on cell phone use for drivers under the age of 18. Adults, however, will still be allowed to use handheld cellular phones while driving.

Prior to reaching this agreement, the House and Senate had separately passed two bills. The compromise bill will also include a new requirement that older drivers renew their licenses in person and start taking an eye test every five years beginning at age 75.

Already, 28 other states have passed texting while driving bans, and Massachusetts has been behind other states when it comes to law enforcement and educational efforts in the fight against distracted driving. Unlike 43 other states, Massachusetts still does not record data to determine what role distracted driving may have played in causing traffic crashes.

The new bill will go to state legislators for a final vote. If approved it will go to the desk of Massachusetts Gov. Deval L. Patrick, who is expected to sign it. The new law would then take effect in 90 days.

Our Boston injury lawyers are aware of the dangers that distracted driving can pose. Texting, talking on the cell phone, reading, watching movies on a laptop, scrolling through an iPod, and surfing the Internet on a Blackberry, iPhone, or other device while operating a motor vehicle are all activities that fall under the category of distracted driving.

People can actually get thrown in jail for causing a Boston car crash that resulted in injuries or deaths because they were distracted. Massachusetts motor vehicle crash victims may also have grounds for a Boston personal injury lawsuit against the motorist.

Mass. moves closer to ban on texting while driving, Bloomberg Business Week, June 22, 2010

Mass. lawmakers agree to ban texting while driving, Boston, June 22, 2010

Related Web Resources:
Cell Phone and Texting Laws, GHSA

Distracted Driving, Distraction.gov

Continue reading "Preventing Massachusetts Car Accidents: Statewide Texting While Driving Ban Likely to be Implemented" »

Nearly two years after David Woodman’s death, his family have reached a $3 million Massachusetts wrongful death settlement with Boston police. Woodman, a 22-year-old Celtics fan, stopped breathing after police apprehended him for drinking in public during the 2008 NBA championship festivities on June 18, 2008.

Reportedly, after police wrestled Woodman from the wrought-iron fence he was clinging to, he lay on the ground and for the five minutes or so that no one, including the nine cops at the scene, was in charge of him, this was when he may have stopped breathing.

The medical examiner says that Woodman’s heart stopped because he suffered an arrhythmia and that this occurred not because of Boston police brutality but due to his preexisting heat condition. At the hospital, Woodman suffered another arrhythmia before dying.

An independent report released last November cleared the Boston police in Woodman’s death—despite several “missteps” made by the police officers. However, the report recommended that the police department enhance its training for dealing with large crowds, streamline the investigative process to relieve some of the burden placed on family members, revise its policy regarding releasing statements to the press, as well as six other changes. The report also noted that there was a lack of supervision on the scene when Woodman was apprehended.

Despite the report’s findings, Woodman’s parents remain convinced that someone should be held legally accountable for his death. After the report came out, they called it a cover up.

Boston Wrongful Death
Even if the parties that contributed to your loved one's passing never intended to inflict harm, you may still be able to hold them financially liable for Boston wrongful death if he/she was reckless, careless, or negligent in any way. Even if no criminal charges are filed, you may still be able to hold them responsible in civil court.

Parents of late Celtics fan David Woodman, from Southwick, settle with Boston for $3 million, MassLive.com, June 17, 2010

Report clears police in Celtics fan's death, but parents see a coverup, Boston.com, November 10, 2009

Related Web Resources:
Boston Police Department, City of Boston

Wrongful Death, Nolo