Boston Injury Lawyer Blog

Happy Halloween! With more children than normal likely to be wandering through the residential streets of Boston after dark tonight, there are steps that motorists can take to avoid striking a young ghoul or witch walking on the road, including:

• Don’t pass stopped vehicles. There may be a young trick or treater getting out of the car or crossing the street.
• Don’t talk on the cell phone or text while driving.
• Drive slowly.
• Look out for kids that might suddenly run into the middle of the road in an attempt to cross it.
• Remember that not all young children know the rules of the road. Yield the right of way to young kids.
• Don’t drive drunk.
• Obey traffic laws.

If your child was injured in a Boston pedestrian accident while trick or treating, you may have grounds for a Boston injury case.

Steps that parents can take to help their kids avoid becoming involved in a Boston traffic crash:

• Teach them how to safely cross the street.
• Supervise them while they trick or treat.
• Choose costumes that are bright enough for motorists to see at night. You can also give your kids a flashlight or place reflective tape on their costumes.

According to the Centers for Disease Control and Prevention, kids have a four times greater chance of getting struck by a car on Halloween than during the rest of the year. Meantime, the National Highway Traffic Safety Administration says that Halloween is one of the three days of the year when pedestrian injuries and deaths are at highest risk of occurring.

There may be more than one party who should be held liable for your child’s Boston injuries to a minor case. It is important that you start exploring your legal options as soon as possible.

Recovering from a Boston pedestrian injury can be tough—especially for young kids. In addition to the actual injury and the resulting physical pain, there also may be emotional trauma sustained as a result of getting hit by a motor vehicle. Medical and recovery expenses can take their toll on the family.

Halloween Driving Safety Tips, Progressive.com

Keeping Kids Safe on Halloween, Minnesota Safety Council (PDF)

Keep Your Pirate, Ghoul, or Ghost Safe on Halloween, Kingstowne.Patch.com

Related Web Resources:
Pedestrian Safety, SafeKids

Educating Child Pedestrians, WalkingInfo

Continue reading "Trick or Treat: Prevent Boston Injury Accidents by Exercising Extra Caution When on the Road this Halloween" »

A recent study published in the Journal of the American Medical Association warns that sick elderly patients that are hospitalized with sepsis have a higher chance of developing serious cognitive issues and suffer from abnormal physical decline during later years. The researchers that conducted the study also determined that sepsis may be the cause of some 20,000 new dementia cases among seniors belonging to the 65 years and older age group.

Sepsis
Sepsis can occur in response to an infection in the body. It can be especially dangerous for an elderly person or someone with a very weak immune system. Other people at risk of developing sepsis are hospital patients, people with medical conditions, and those with serious injuries. Boston nursing home neglect, abuse, and negligent nursing care can place someone at higher risk of developing sepsis.

It is inexcusable for someone to develop sepsis and/or die because nursing home workers did not change his/her wound dressings, prevent bedsores from developing, or ensure that the assisted living facility is a clean and healthy environment. If you believe that Boston negligent nursing care contributed to your loved one getting hurt, sick, or dying, our Massachusetts injury lawyers would like you to contact us immediately to request you free case evaluation.

Symptoms of Sepsis:
• Serious shaking
• Chills
• Fever
• Agitation
• Dizziness
• Disorientation
• Confusion
• Skin rash
• Joint pains

According to Llewellyn DJ and his colleagues from the University of Exeter in the United Kingdom, low vitamin D levels can play a role in the worsening decline experienced by elderly patients that have suffered from sepsis. Other studies indicate that low vitamin D in a person has been linked to dementia. There are steps that can be taken to make sure that elderly nursing home patients maintain high vitamin D levels.

Could vitamin D deficiency explain sepsis risk in elderly people?, FoodConsumer, October 27, 2010

Study: Sepsis has long-term impact on older adults, MSNBC, October 26, 2010

Related Web Resources:
Sepsis Overview, Cleveland Clinic

Journal of the American Medical Association

Continue reading "One More Reason Why Massachusetts Assisted Living Facilities Should Prevent Boston Nursing Home Neglect: Elderly Who Have Had Sepsis at Higher Risk of Physical and Cognitive Impairments " »

In Boston, jury selection is scheduled to begin today in the Massachusetts wrongful death lawsuit over a catastrophic 2007 Brockton bus crash that claimed the life of a disabled pedestrian. The defendants are bus driver Tracy A. Lopes and bus company First Student Inc. Lopes, a Raynham resident, had been charged with motor vehicle homicide by negligent operation after the deadly collision, but the charge was dropped in 2008.

The pedestrian that died was Lisa Herlihy, a 46-year-old Brockton resident who had been suffering from osteoporosis and Parkinson’s disease. She was using her walker to cross the street when she was struck by the bus that Lopes was driving.

Last year, Kim Berggren, a Randolph resident and Herlihy’s sister, filed her Brockton wrongful death lawsuit against Lopes and the bus company that had employed her at the time of the deadly Massachusetts pedestrian accident. Berggren is seeking “unspecified damages” and accusing both defendants of gross negligence.

Massachusetts Pedestrian Accidents
If your loved one was killed or you were injured in a Massachusetts pedestrian accident, you may have grounds for filing a Boston personal injury lawsuit or wrongful death complaint against the responsible party or parties. Depending on the circumstances surrounding your traffic accident, possible negligent parties may include a negligent driver, auto manufacturer, government entity, property owner, or another responsible party.

Whether you are dealing with pedestrian accident injuries or coping with the loss of a loved one, your life will undoubtedly have been turned upside down. Not only can you hold the responsible parties liable, but pursuing them for the financial recovery that you are owed can provide you the resources that you need to cover the costs incurred from the Boston injury accident.

Civil trial for fatal pedestrian crash in Brockton set to start in Boston, Enterprise News, October 27, 2010

Related Web Resources:
Car Accidents With Pedestrians, Nolo

Pedestrian Safety, Mass.gov

With car crashes as the leading cause of teenager deaths, this week has been designated “National Teen Driver Safety Week.” The theme for this year is distracted driving, which is no surprise considering that teen drivers are the ones at highest risk of becoming involved in a distracted driving-related accident.

Other common causes of teen driving accidents:
• Driver inexperience
• Speed
• Immaturity and impatience
• Forgetting to wear a seat belt
• Drunk driving
• Drowsy driving
• Drugged driving
• Driving at night

Teen drivers that are negligent or reckless while driving can easily become involved in a Boston, injury accident. It is important that parents work with teens to prevent Massachusetts traffic crashes from happening.

The National Highway Traffic Safety Administration Offers “Rules” that Parents Can Set with Their Kids to Encourage Them to Drive Safely:
• Do not allow your teen to drink alcohol
• Make sure your teen is always using a seat belt while driving
• Even though texting and cell phone use is banned, enforce this rule with them
• Give your teen a curfew time
• Make sure that your teen obeys the state’s teen driving laws

According to two studies that came out in the journal Pediatricslast year, parents that are proactive about setting and abiding by boundaries and rules can turn their kids into safer drivers. Per the study, teens with actively involved parents lower their drunk driving risk by 70%, are 30% less likely to use a cell phone, and are 50% less likely to speed. Kids who don’t have their own car and must ask their parents to use a vehicle are 50% less likely to get involved in a traffic crash.

In Massachusetts, the state’s Junior Operator Law prohibits teens under 18 from texting or talking on a cell phone. The law also bars teens from driving between 12:30am and 5am and provides a passenger restriction. A teen that gets caught drag-racing or speeding faces harsh penalties.

It's National Teen Driver Safety Week (Oct. 17-23), So Talk to Your Kids, Time, October 18, 2010

Strict rules from parents lead to safer-driving teens, USA Today, September 25, 2009

Related Web Resources:
Teen Drivers, NHTSA

Junior Operator License, MassDOT

Continue reading "Distracted Driving is Focus of National Teen Driver Safety Week " »

A serious single-car crash in Peabody late Friday caused injury to three people. All three Massachusetts car crash victims were rushed to a Boston hospital.

The Peabody car accident happened when the vehicle crashed into a pole. The driver, who is a Nahant resident, and two of his passengers had to be extricated from the badly wrecked vehicle. He has been summoned to court to face charges that include operating a motor vehicle under the influence of alcohol, operating a motor vehicle with a suspended license, and operating a motor vehicle recklessly to endanger.

Our Boston accident lawyers want to remind anyone that has been involved in a recent Massachusetts car crash that they should begin exploring their legal options as soon as possible. In the event that you decide to pursue a Boston injury claim, it will be easier to gather evidence and speak to witnesses soon after the collision rather than later.

In other Massachusetts traffic crash news, an East Boston man has pleaded not guilty to fatal hit-and run in the fatal Revere pedestrian accident death of Cynthia Osborne. The Salem woman was walking along Route 1A close to the Wonderland MBTA stop last Monday when 52-year-old Gerald Alviti allegedly struck her with his vehicle. Osborne was later pronounced dead at Massachusetts General Hospital.

Osborne and Alviti were both reportedly headed to a substance abuse clinic in Lynn. Witnesses say that Alviti fled the Revere car crash scene. The 2005 Chevy Malibu he was driving was later sighted by a US postal service cop who had witnessed the collision.

Trio injured in Peabody crash, ItemLive, October 18, 2010

Man, Woman In Fatal Crash Went To Same Drug Clinic, WCVB, October 12, 2010

East Boston man pleads not guilty in crash that killed Salem woman, Boston.com, October 12, 2010

Related Web Resources:
Welcome to MassDOT

National Highway Traffic Safety Administration

Continue reading "Peabody Car Crash Injures Three in Massachusetts" »

With autumn underway and the winter driving season approaching, the National Highway Traffic Safety Administration is reminding the drivers of 15-passenger vans to take certain steps to protect the occupants in their vehicles from getting hurt. Our Boston accident law firm recognizes the importance of motorists acting to prevent such traffic crashes before they can happen.

15-passenger vans are known to have a higher rollover rate than most other autos. Not only does the van's high gravity center and rear end that can reach up to four feet beyond the rear axle make it a rollover risk when fully loaded, but also, the weight it can carry can increase the risk of a tire blowout. Tire failure is another leading cause of 15-passenger van rollover crashes. Although the NHTSA now requires that the newer vans come with electronic stability control systems, there are still older 15-passenger vans in use that lack this safety system.

NHTSA Tips for 15-Passenger Van Drivers:
• Make sure your van is properly maintained.
• Make sure that you are trained and experienced to operate a 15-passenger van.
• Use tires that are the appropriate size.
• Make sure the tires are properly inflated before you go anywhere. Tire failures are a leading cause of 15-passenger van rollovers.
• Ensure that your passengers are wearing seat belts before you start the vehicle.
• Drive at a safe speed.
• Don’t allow more than 15 people to ride in the van at a time.
• If the van isn’t full, make sure the occupants are sitting in front of the rear axle.
• Avoid placing cargo on the vehicle roof.
• Instead, cargo should be stored also in front of the rear axle.
• Don’t talk on the cell phone or text while driving.
• Check mirrors and blind spots before changing lanes.
• Remember that a 15-passenger van is longer and wider than a regular auto, so allow for the room you need to maneuver it properly and safely when on the road.

Rollover crashes can lead to traumatic brain injuries, spinal cord injuries, massive head injuries, and other serious injuries.

Consumer Advisory: NHTSA Reissues 15-Passenger Van Safety Caution, NHTSA, October 14, 2010

NHTSA's Top Safety Recommendations for 15-Passenger Van Use (PDF)

Related Web Resources:
Massachusetts Department of Transportation

15-Passenger Vans, NTSB (PDF)

Continue reading "Preventing Boston 15-Passsenger Van Accidents: NHTSA Reissues Consumer Warning" »

About 40,000 to 80,000 hospitalized patients are killed each year because of diagnostics mistakes (such as delayed diagnosis, wrong diagnosis, and misdiagnosis)—considered the number one cause of medical malpractice lawsuits. The Wall Street Journal recently reported on this issue, as well as the fact that doctors and other medical professionals are examining past medical malpractice cases to develop programs geared toward preventing similar medical errors from happening in the future. Our Boston medical malpractice law firm hopes that such analysis will indeed decrease the number of illnesses, injuries, and deaths caused by medical malpractice.

According to a study of malpractice claims, there is no one reason that diagnostic mistakes happen. Diagnostic mistakes occur most often with cancer cases. In the WSJ, breast cancer surgeon Susan Kutner reports that of the 320,000 abnormal mammograms and 420,000 abnormal biopsies identified by Kaiser Permanente in the last 15 years, 450 of the patients involved developing recurring or new cancer or abnormal biopsies. Kutner says these patients might not have been diagnosed if they hadn’t been brought in “proactively.”

In addition to medical mistakes made by the health providers resulting in diagnostic mistakes, patients can play a role in causing wrong diagnosis or misdiagnosis to happen. For example, a patient may wait too long before going to see a doctor, fail to follow medical directions, or decide not to show up to take a physician-ordered test.

According to Crico/RFM, 26% of the 1,137 medical malpractice cases between 2005 and 2009 involved diagnostic mistakes. 456 were “high severity” cases that caused patients serious injury, illness, or death. Almost half of these cases involved diagnosis mistakes.

Diagnostic Errors
Failing to diagnose or offering a wrong or delayed medical diagnosis to a patient in a timely manner can negatively affect his/her prognosis and course of treatment. It may even result in death. Wrong diagnosis, misdiagnosis, delayed diagnosis, and other diagnostic-related errors can be grounds for a Massachusetts medical malpractice case.

According to a 2007 article on CNN, the most commonly misdiagnosed illnesses include:

• Aortic dissection
• Cancer
• Heart attack
• Clogged Arteries
• Infection

What the Doctor Missed, The Wall Street Journal, September 27 2010

Five commonly misdiagnosed diseases, CNN, September 26, 2007

Related Web Resources:
Wrong Diagnosis

Medical Malpractice, Nolo

Continue reading "Wrong Diagnosis, Misdiagnosis, and Delayed Diagnosis are Among Leading Cause Cited in Medical Malpractice Lawsuits " »

An 87-year-old driver sustained serious injuries after a Waltham police car struck her vehicle on Wednesday. The cruiser was being driven by Officer Linda Moschner, who was headed to an assisted living facility in response to a 911 call.

The elderly woman was about to turn left when the police car struck her red Buick LeSabre on the driver’s side. This caused the 87-year-old to lose control of the car, which then glided across the road and through a stop sign before crashing into a Verizon wirebox and a guardrail.

The woman was unconscious but breathing at the Waltham car crash site. The Jaws of Life had to be used to get her out of the car. Police say she wasn’t wearing a seatbelt.

Police are investigating the cause of the traffic collision.

In other Massachusetts auto accident news, seven children were hurt on Tuesday in a Long Meadow school bus crash. The collision happened when the small bus they were in was rear-ended by another car at a red light that had just turned green. The bus driver had started up the car again but suddenly braked while waiting for a pedestrian to exit the crosswalk.

All seven children, ages 11-14, were treated at Bay State Medical Center for minor injuries. Many of them experienced neck pain.

In an unrelated Massachusetts auto accident, a Mashpee woman who was hurt in a Dartmouth car accident early Sunday sustained a serious head injury. 24-year-old Jaemilly I. Torres was a passenger in the 2005 Acura that hit a utility pole. Three others in the vehicle sustained minor injuries.

The car’s driver, 23-year-old Falmouth resident Nicholas O. DePina, has pleaded not guilty to serious bodily injury, operating under the influence of alcohol, operating to endanger, alcohol in a motor vehicle/possession of an open container, failure to operate within marked lanes, speeds greater than reasonable or proper, and racing.

Injured crash victim identified as Barnstable High grad, Cape Cod Time, October 5, 2010

Seven children injured in W. Mass. school bus crash, Boston.com, October 5, 2010

Elderly woman unconscious after crash with Waltham police cruiser, Wicked Local, October 6, 2010

Related Web Resources:
Waltham Police Department

Department of Transportation, Massachusetts.dot.gov

Continue reading "87-Year-Old Waltham Woman Injured in Massachusetts Car Accident with Police Cruiser" »

A new state law has just gone into effect that prohibits kids under age 14 from operating ATVs. Our Boston ATV accident lawyers hope that this will decrease the number of injuries and deaths involving all-terrain vehicles.

According to a new study, the number of spinal cord injuries and brain injuries involving all-terrain vehicles has gone up by up to 50%, with younger riders at greater risk of sustaining this type of serious injury. The study was conducted by Drs. Joel D. MacDonald and Michael A. Finn of University of Utah, Salt Lake City and has been published in this month’s issue of Neurosurgery.

Researchers analyzed trends involving ATV-related spinal and brain injuries that took place in Utah between 2001 and 2005 when about 1,500 patients were injured in ATV accidents:

• 741 of the patients had spine injuries or head injuries or both.
• Approximately 500 patients had injuries serious enough that they had to go to the hospital.
• Over 50% of these patients were the recipients of intensive care.
• On average, hospital stays lasted four days.
• Injuries included facial fractures, skull fractures, facial lacerations, and spinal cord injuries.
• 4 patients were pronounced dead on arrival.
• 15 patients died while in the hospital.
• About 100 patients were sent to a rehabilitation center or nursing home or received home healthcare.
• 30% of the ATV injuries occurred during a vehicle rollover.
• Other common causes of ATV injuries included collisions with other vehicles, collisions with stationary objects, or loss of control of the ATV.
• Patients that hadn’t been using helmets were most likely to suffer head injuries.

Also, today at the American College of Surgeons' annual meeting, public researchers and trauma surgeons said that people are far more likely to die from an ATV accident than a motorcycle crash. When the degree of injuries is the same, ATV accident victims were 50% more likely than motorcycle collision victims to require mechanical ventilation and medical care in an ICU and 50% more likely to die.

While operator error can be a factor in causing a Massachusetts ATV accident, all-terrain vehicle accidents and rollovers can occur because the vehicle was defective or malfunctioned in some way.

Study: Brain, Spinal Injuries Due to ATV Use Rise by 50%, ClaimsJournal.com, October 5, 2010

ATVs more deadly than motorcycles, MSNBC, October 6, 2010

Related Web Resources:
ATV Laws By State, CampingATV.com

ATV-Related Deaths and Injuries for All Ages, 1985-2008, ATV Safety.gov

Continue reading "Preventing Massachusetts ATV Accidents: Kids Under 14 Now Banned from Operating ATVs" »