Boston Injury Lawyer Blog

Officials in Massachusetts came together on Wednesday to warn motorists of the dangers of operating under the influence of alcohol or drugs. The warning comes two days before the start of the three-day Labor Day holiday and is part of the state’s "Drunk Driving. Over the Limit. Under Arrest" efforts, which runs from August 13 until September 3, 2008.

According to Massachusetts State Police Superintendent Col. Mark. F. Delaney, “We want people to enjoy themselves, but we want them… -- if they are driving -- absolutely sober." During this latest initiative, Massachusetts state and local police will conduct more patrols to apprehend anyone driving under the influence of alcohol and drugs and prevent more traffic injuries and deaths from happening.

The National Highway Traffic Safety Administration says that there were 174 drunk driving-related deaths in Massachusetts in 2006. Meantime, the number of people arrested over the last few years for OUI in the state has increased from 3,860 in 2006 to 4,879 in 2007. Nationally, in 2007, there were 12,998 alcohol-related deaths.

According to Mothers Against Drunk Driving’s Massachusetts chapter Communications Director David DeIuliis, out of every three people, one person knows someone that was hurt or died in an auto accident caused by a drunk driver.

In addition to efforts by state and local agencies to stop drunk driving, Massachusetts State Police are suggesting that people:

• Drive sober.
• Drive no faster than the designated speed limits.
• Refuse to get in the car with a drunk driver.
• Call 911 if they see anyone driving drunk.
• Wear safety belts.

Drunk driving accidents are often catastrophic accidents, and the ones that suffer the most are the victims and their loved ones. You and your family may be entitled to personal injury compensation.

Police Step Up Highway Patrols For Holiday, WCVB.com, August 27, 2008

Drunk driving initiative under way, WickedLocal.com, August 20, 2008

Related Web Resources:

Drunk Driving. Over the Limit. Under Arrest, Mass.gov

Impaired Driving, CDC.gov

Continue reading "To Prevent Massachusetts Drunk Driving Accidents Over the Labor Day Weekend, Officials and Police Warn Motorists Against Driving Under the Influence of Alcohol or Drugs" »

The National Transportation Safety Board has issued its preliminary report on the August 12 plane crash that left three people dead in South Easton, Massachusetts. Cancer patient Robert Gregory, his wife Donna, and pilot Joe E. Baker were killed in the aviation accident when the aircraft, a Beech G35, crashed into a shopping center parking lot.

While the three-page report does not provide a conclusive explanation for why the plane accident happened, the information suggestions that engine failure was not the reason that Baker lost control of the plane. The NTSB report notes that a pilot-rated witness says he heard the engine running prior to hitting the ground even as the plane spun downward out of the clouds.

Conclusions about the cause of the aviation accident are not expected for another nine months. Potential causes of the crash could include instrument failure, pilot error, or spatial disorientation.

Common Causes of Plane Crashes:

• Pilot error
• Defective equipment
• Mechanical failures
• Traffic controller negligence
• Aircraft design defects
• FAA violations
• Third party negligence

Most plane crashes are catastrophic accidents, and there are often very few survivors. Most aviation crash victims that do survive end up sustaining catastrophic injuries.

Preliminary NTSB report on Easton crash, Boston.com, August 26, 2008
Report suggests engine failure not a factor in Easton crash, Boston.com, August 26, 2008

Medical Flight Crashes in Massachusetts, Killing 3, NY Times, August 13, 2008

Related Web Resource:

National Transportation Safety Board

Continue reading "NTSB Issues Preliminary Report on Easton Plane Crash that Left Three People Dead " »

A construction worker sustained serious head injuries on August 13 after falling 20 feet from the roof of a construction site onto the cement floor of a building under construction. He was “unconscious and unresponsive” after the work accident and was admitted to Massachusetts General Hospital.

The worker, 26-year-old Gardner resident Justin Cormier, may have been installing a flashing panel for an air conditioner on the roof when he fell through the air-conditioning cutout. Gormier was working for subcontractor Multi-State Roofing. The general contractor for the job was Salem-based Groom Construction. The construction fall accident occurred on Highland Avenue at the corner of Marlborough Road.

Fall accidents at construction sites are a main cause of injury for workers. They can lead to broken bones, serious head injuries, traumatic brain injuries, spinal cord injuries, and death. Such injuries could prevent a worker from ever being able to return to work, which can affect not only his or her career, but also the livelihood of the worker’s family.

Common causes of fall accidents:

• Unmarked holes on the floors at the site
• Falls from ladders
• Scaffolding falls
• Defective body harness
• Falls in gaps where there should have been guardrails

It is the responsibility of those in charge of a construction job to ensure that all the proper safety equipment and measures are in place to minimize the chances of a worker getting hurt. While an injured construction worker cannot sue his or her employer for personal injury, the employee is entitled to workers’ compensation benefits. There also may be third parties that can be held liable for the accident.

Man who fell from roof 'critical', The Salem News, August 14, 2008

Related Web Resource:

Department of Industrial Accidents

Continue reading "Massachusetts Construction Worker Suffers Serious Head Injuries from Fall Accident in Salem" »

This month, the National Highway Traffic Safety Administration released its 2007 Annual Assessment of Motor Vehicle Traffic Crash Fatalities and People Injured data. Statistics for last year indicate a 3.9% percent decrease in traffic accident fatalities between 2006 and 2007.

Overall traffic accident deaths for 2007 was 41,059, down from 42,708 in 2006, with injuries also decreasing from 2,575,000 in 2006 to 2,491,000 in 2007.

Other 2007 US Traffic Facts:

Passenger vehicle deaths: 28,933
Injuries: 2,221,000

Motorcycle deaths: 5,154
Injuries: 103,000

Pedestrian Deaths: 4,654
Injuries: 70,000

Bicyclist Deaths: 698
Injuries: 43,000

Large Truck Occupant Deaths: 802

The NHTSA also provided 2007 traffic accident statistics for the state of Massachusetts: 417 deaths.

According to US Transportation Secretary Mary E. Peters, the decline in total motor vehicle deaths can be attributed to more aggressive law enforcement measures at both the state and federal levels, as well as the manufacturing of safer motor vehicles.

Read the Summary of the 2007 Annual Assessment of Motor Vehicle Traffic Crash Fatalities and People Injured (PDF)

Related Web Resources:

Massachusetts Highway Department

National Highway Traffic Safety Administration

Continue reading "NHTSA Releases 2007 Traffic Accident Statistics" »

An Andover resident and his family are suing the town for personal injuries he suffered when he was hit by a police car. Christopher “Gerry” Lohan was shoveling snow in his driveway last December when the accident happened. Officer Daniel Devine was driving the police cruiser.

Lohan, 39, suffered a fractured leg. He continues to have problems climbing and descending stairs and walking long distance and his still taking pain medication. A titanium road and screws were inserted in his leg. Lohan’s lawyer says his medical costs are up to $120,000.

Lohan and his family are seeking $400,000 in damages. Under Massachusetts law, a municipality can pay no more than $100,000 max per injury claim against it. The family has filed four separate claims. One claim for injuries and three claims for loss of comfort, care, consortium, and services on behalf of Lohan’s wife and their two sons.

Lohan’s attorney says that Devine was driving at a negligent speed and was not driving safely for the current weather conditions, which caused his vehicle to swerve across the road, crash into the snowbank, and hit Lohan.

As a result of the crash, Lohan flew into the hood and windshield of the police vehicle before being thrown 10-15 feet. The police car continued driving for about 25 feet before stopping. Andover police claim the crash happened because of weather conditions rather than speeding.

Serious injuries caused by a motor vehicle collision can require extensive and costly medical care. Not only must the victim contend with the physical hardship that comes with recovering and/or living with an injury, but he or she may not be able to return to work or complete tasks necessary to take care of a family or household.

Andover resident seeks damages for being hit by police cruiser, The Eagle-Tribune.com, August 13, 2008

Man hit by cruiser while shoveling driveway, AndoverTownsman.com, December 20, 2007

Related Web Resources:

Andover, MA

Andover Police Department

The Joint Commission, a US hospital accreditation group, is trying to get healthcare facilities, including hospitals and nursing homes, to prevent angry outbursts by doctors. There is concern that swearing, throwing objects, and yelling can increase the chances that a medical mistake will occur.

Beginning January 1, 2009, the independent group is requiring health care facilities to adopt a “zero tolerance” policy toward this behavior. Codes of conduct to encourage staff members to report bad behavior will be included.

According to the Joint Commission’s Chief Patient Safety Officer Dr Peter Angood, many healthcare facilities are worried that if they upset the doctors, they will take their patients to other facilities.

A Boston Globe article published on Sunday discusses behavior referred to as “medical road rage.” In one incident at North Shore Medical Center in Salem, an orthopedic surgeon threw a pair of scissors that wouldn’t cut properly and almost hit a nurse. While many hospitals have tolerated medical road rage from leading surgeons who are significant moneymakers, the hospital disciplined the doctor and introduced a policy making it mandatory for doctors to treat coworkers with “civility and respect.”

At St. Vincent Hospital in Worcester, one orthopedic surgeon yelled at colleagues for six years before an incident involving him throwing two 10-pound sandbags, one of which struck a nurse’s foot, lead to his suspension (after 9 complaints). The hospital now requires that a medical executive committee evaluate a case once a medical professional has been reported three times for “outburst” incidents.

Hospitals try to calm doctors' outbursts, Boston.com, August 10, 2008

Group tries to quell doctors' bad behavior, UPI.com,

Related Web Resource:

The Joint Commission

In Massachusetts, please contact our Boston medical malpractice law firm if you or someone you love was injured because of a health care provider’s negligent, careless, or reckless actions.

Continue reading "Medical Malpractice Accidents More Likely to Happen When Doctors Engage in “Medical Road Rage”" »

In Norfolk Superior Court, Joel K. Logan and Todd Logan, have pleaded guilty to neglecting patients and stealing funds at five nursing homes they used to own. The two men had been charged with medical assistance fraud, larceny, embezzlement, conspiracy, and patient neglect, and they have been ordered to serve five years probation and pay $150,000 in restitution.

The Logans say that not only did they used state Medicaid funds for personal use from January 2001 to June 2003, but they neglected to provide patients with medicine, food, sanitary conditions, and bed linens. They also stole funds from the Pond Meadow Health Care Facility, Logan Nursing & Rehabilitation Center, and the Elihu White Nursing & Rehabilitation Center, took $55,000 in employee wages that had been withheld for 401K retirement funds, and did not pay money they owed for short-term disability and life insurance policies.

The two brothers can never work in healthcare again.

Nursing Home Neglect
It is illegal to abuse or neglect a nursing home patient. Not only are nursing home neglect and abuse punishable by criminal law, but the patient and/or his or her family can sue for damages with the help of an experienced Boston personal injury lawyer.

Nursing home neglect can seriously harm a patient’s already precarious health condition and lead to:
• Bedsores
• Fall injuries
• Malnutrition
• Illnesses
• Weight loss
• Death

Examples of nursing home neglect:
• Failure to regularly check on a patient.
• Failure to monitor a patient’s health and treatment.
• Failure to give a nursing home resident his or her medication.
• Failure to feed a resident.
• Not bathing resident.
• Allowing a resident to live in unsanitary health conditions.

Ex-nursing home owners admit fraud, neglect, Boston.com, July 24, 2008

Related Web Resources:

Nursing Home Abuse and Neglect Resource Center

Elder Abuse, Helpguide.org

Throughout Massachusetts, please contact our Boston nursing home abuse lawyers for your free consultation.

Continue reading "Two Former Nursing Home Owners Say They Neglected Patients" »

A bill banning lead and six kinds of phthalates has been sent to US President Bush. The bill, called the Consumer Product Safety Improvement Act, was passed by both the House and the Senate last week—both times by overwhelming majorities. Despite objections by the Bush Administration to parts of the bill, the President is expected to sign it.

The bill bans virtually all lead in products made for kids 12 years of age and under. The call for tougher lead standards comes in the wake of the 45 million plus toys and kids products that have been recalled since last year, with many of the products manufactured in China containing excessively high levels of lead.

Exposure to too much lead can seriously affect a child’s development. Side effects can include hyperactivity, inattentiveness, learning disabilities, hearing problems, physical development problems, permanent brain damage, and death.

The bill bans six kinds of phthalates from kids’ products. While phthalates, often found in baby bottles and other products with plastic, cannot be verified as posing any definite harm to humans, animal tests have shown that the chemicals could potentially trigger early puberty in females and cause genetic defects in males.

Other provisions in the bill include:

• Doubling the Consumer Product Safety Commission’s budget to $136 million by 2014.

• Providing workers that report product dangers with whistle-blower protections.

• Strengthening all-terrain vehicle regulations, including banning three-wheel ATV’s.

Not toying around: Congress OKs bill to ban chemicals in some products, USA Today.com, August 1, 2008

Congress sends Bush bill banning lead in toys, AP, July 31, 2008

Related Web Resources:

Consumer Product Safety Commission

Consumer Product Safety Improvement Act of 2008 (PDF)

Continue reading "Bill Banning Lead and Phthalates in Kids’ Products Now Goes To President Bush" »

The Boston Globe is reporting that there have been 38 incidents since 2006 in which Massachusetts surgeons have performed surgeries on the wrong part of the body. Their review found that bungled spine surgeries account for more of these surgeries than any other kind of surgery performed, with four of the 11 botched spinal surgeries performed at New England Baptist over a 10-month period. Another hospital where a number of botched spinal surgeries occurred is the Lahey Clinic in Burlington.

Fortunately, no serious spinal disabilities or wrongful deaths have occurred from the surgeries. However, certain surgeries resulted in the wrong bulging disc being taken out or the wrong vertebrae fused together. During three incidents, the mistakes were identified during surgery, and the surgeons were able to correct the error before the procedure was over.

One reason why it is not difficult to operate on the wrong area of the spine is that all 33 vertebrae look very similar. While doctors will usually count the vertebrae and consult multiple x-rays to make sure they are performing the procedure on the right area, counting errors can occur.

Misinterpreting medical films is another cause of spinal surgery errors. Errors during spinal procedures can also happen when people have abnormal spine or osteoporotic bone, which makes it hard to distinguish between vertebrae.

Surgical Errors
Sometimes, surgical errors can cause a patient to experience greater pain or discomfort or other health complications can arise. An incident of surgical malpractice can lead to further treatments, surgeries, and other procedures that may not have been required otherwise.

Most surgery in wrong spot done on spine, Boston.com, July 30, 2008

Related Web Resources:

Massachusetts Department of Public Health

Spinal Surgery Complications

Continue reading "Bungled Spine Surgeries a Problem in Massachusetts" »