Boston Injury Lawyer Blog

Our Boston injury lawyers are familiar with the toll that Massachusetts nursing home negligence can have on a patient, and we want to remind you that if you suspect abuse or neglect, you should remove your loved one from the assisted living facility immediately. Unfortunately, are nursing homes that are not doing enough to provide patients with better nursing care.

According to a new study, not only are high-quality nursing homes named defendants of nursing home abuse and neglect lawsuits as often as their lower quality counterparts, but also, litigation—or even the possibility of a lawsuit—doesn't seem to be enough of a consequence to compel assisted living facilities to provide better care. The study, led by Law Professor David Studdert, from the University of Melbourne in Australia, and David Stevenson, a Harvard Medical School associate professor of health policy, can be found in the latest issue of the New England Journal of Medicine.

For the study, five nursing home chains in the US provided information about nursing home neglect and abuse lawsuits that were filed against them between 1998 and 2006. The data included 4,716 complaints against 1,465 assisted living facilities. On average, each nursing home was, on average, sued once ever two years.

The most common harms alleged in the nursing home abuse and neglect complaints were:
• Bedsores
• Dehydration
• Malnutrition
• Too much weight loss
• Physical abuse
• Verbal abuse
• Medication mistakes
• Injuries from fall accidents

Claimants received nursing home negligence compensation in 61% of the cases. Average compensation was nearly $200,000.

The researchers said that based on 10 measures of quality analyzed, the nursing homes that did the best on these measures were only a little less likely than the facilities that didn't fare as well to become a defendant in a nursing home neglect or abuse lawsuit. The same goes for assisted living facilities that provided the most nurse’s aide hours per resident a day.

Victims of Boston nursing home neglect or abuse may be hold the assisted living facility liable for personal injury.

Lawsuits Aren't Improving Nursing Home Care: Study, BusinessWeek, March 30, 2011

The New England Journal of Medicine

Related Web Resources:
Nursing Homes, Massachusetts.gov

Nursing Home Checklist, Medicare.gov

More Blog Posts:
Boston Nursing Home Negligence Can Lead to Food Choking Accidents, Boston Injury Lawyer Blog, February 22, 2011

Danvers, Massachusetts Nursing Home Abuse: Lynn Woman Convicted of Assault and Battery on an Elderly Person, Boston Injury Lawyer Blog, February 4, 2011

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, Boston Injury Lawyer Blog, October 28, 2011

Continue reading "Threat of a Massachusetts Nursing Home Neglect and Abuse Lawsuit May Not Be Enough to Improve Facility Care " »

According to information on nearly 11,000 elderly patients, those who are treated with antidepressants, conventional antipsychotic drugs, and benzodiazepines are at greater risk of adverse outcomes and death than if they were treated with atypical antipsychotic drugs. This is disturbing news, considering that nearly two thirds of dementia patients in assisted living facilities are given psychotropic drugs. The Boston Globe reports that in Massachusetts alone, almost 2,500 nursing home patients were given strong antipsychotic drugs that were not recommended or meant for their health issues. If you think that loved one may have gotten sick from taking a medication, you should speak with a Boston injury lawyer right away.

The study, which can be found in CMAJ, notes that this ‘exploratory” examination shows growing evidence that conventional antipsychotics aren’t any safer than atypical antipsychotics when it comes to treating older adults. Dr. Krista F. Huybrechts, PhD of Harvard Medical school and Brigham and Women’s Hospital and her colleagues said they found that:

• Treatment with conventional antipsychotics appears to up the risk of an elderly patient developing a femur fracture by 61%.
• These drug increases the risk of fatality by 47%.
• Benzodiazepines was linked a 54% greater risk of heart failure.
• Antidepressants appeared to increase femur fracture risk by 20% and the risk of death by 30%.

Huybrechts and her teammates also said that there is a likelihood that other classes of psychotropic drugs carry similar risks.

In the last five years, federal regulators have put out nationwide alerts two times about the sometimes deadly effects antipsychotics can have on dementia patients alone. According to Massachusetts Senior Care Association senior vice president Scott Plumb, the state consistently ranks high among states with assisted living facilities that have the heaviest psychotropic drug users. Sometimes, the drugs are used just to control a patient’s behavior.

Massachusetts Dangerous Drug
If a drug has been proven dangerous for a particular group of persons, it is important that the drug manufacturer give notification of any possible side effects and include appropriate warnings. Failure to do so can be grounds for a Boston dangerous drug lawsuit.

Massachusetts Medical Malpractice
Doctors are supposed to warn patients of possible risks associated with taking a medication and ensure that they don’t prescribe a medication that can cause serious health complications. When failure to provide these duties of care result in injuries or death, the patient may be able to recover Boston medical malpractice recovery.

Massachusetts Nursing Home Negligence
Assisted living facilities have a responsibility to make sure that any drugs they prescribe will help and not hurt a patient. They also shouldn’t be giving residents medications for the purpose of making their own jobs easier. This type of conduct is Boston nursing home negligence.

Some Psychotropics Risky in Older Patients, MedPage, March 28, 2011

Nursing home drug use puts many at risk, Boston.com, March 8, 2010

Related Web Resources:
US Food and Drug Administration

Overmedication in nursing homes, Aging Care

More Blog Posts:
Dementia Care: Are Boston Nursing Homes Providing the Proper Medical Treatment When They Use Antibiotics to Treat Pneumonia?, Boston Injury Lawyer Blog, July 23, 2010

Massachusetts Nursing Home Negligence?: Almost 2,500 Assisted Living Facility Residents Given Antipsychotic Drugs Without Just Cause in 2009, Boston Injury Lawyer Blog, March 31,, 2010

The parents of Jason Alan Foster are suing Mitsubishi for his Revere, Massachusetts wrongful death. Foster, then a 17-year-old Ipswich teen, was fatally injured in a SUV rollover crash on Route 1 on August 6, 2009.

Foster and another person were riding in the rear seat of a 2000 Mitsubishi Montero when the driver, an inexperienced teen, lost control of the SUV, which rolled over on a curve. Foster and 16-year-old girl were both thrown from the vehicle. She also died from her injuries.

In their Revere auto products liability complaint, Michelle and Charles foster claim that the SUV rollover occurred because the Montero had an “unreasonably dangerous” design. Their Boston wrongful death lawyer says that this particular Mitsubishi vehicle is “notorious” for its involvement in rollover accidents. The Fosters are alleging that the vehicle displayed poor maneuverability, had a high gravity center, was prone to oversteering, and had been designed in a way that did not protect occupants during rollovers. They also contend that Mitsubishi did not “properly warn” about the vehicle’s flaws, defects, or flawed design even though a number of plaintiffs had already filed civil complaints about these problems.

Included in those products liability lawsuits were allegations that the SUV is top-heavy, which increased the chances it would roll over and questions over why Mitsubishi didn't use electronic stability on all models. The SUV has also been plagued by allegations that its seat belts may have been faulty and its pillar and roofs were vulnerable to collapse.

Foster’s parents want Massachusetts products liability recovery for emotional distress, negligence, wrongful death, and violation of the state's consumer protection laws. The couple is willing to settle the Revere SUV rollover lawsuit for $7 million. Meantime, Mitsubishi is saying that the Fosters' allegations are “ill-founded.”

SUV Rollovers
SUV rollovers cause more than 10,000 deaths each year. Many safety advocates believe that the way most SUVs are designed place them at greater risk of rolling over. The injuries that can be sustained during a rollover crash are often fatal. It is important that you work with an experienced Boston injury lawyer that knows how to prove that the auto manufacturer was negligent.

Parents file lawsuit over teen's death, Salem News, March 29, 2011

Jason A. Foster, 17, Gloucester Times, August 8, 2009

Related Web Resources:
Rollover: The Hidden History, PBS

Safercar.gov

More Blog Posts:
Braintree Rollover Leaves 94-Year-Old Woman Injured, Boston Injury Lawyer Blog, November 26, 2010

Man Injured in Mass. Pike Rollover, Boston Car Accident Lawyer Blog, December 14, 2010

Bayer’s annual report says that as of February 1, 2011, it has been named the defendant in about 6,850 dangerous drug lawsuits over the birth control pills Yaz and Yazmin and their generic equivalents, Ocella and Gianvi.

If you or someone that you love developed the following health conditions after taking any of these pills, you may have grounds for a Massachusetts products liability case against the drug manufacturer. It is a good idea to discuss what happened right away with an experienced Boston injury lawyer:

• Blood clots
• Pulmonary embolism
• Deep vein thrombosis
• Pancreatitis
• Gallbladder disease
• Stroke
• Heart attack

Most of the complaints allege that the drug maker did not sufficiently research the pills and failed to warn that taking Yasmin and Yaz could increase the chances a woman might develop such serious side effects. The health problems linked to Yasmin and Yaz appear to be related to the progestin drospirenone, which can cause hyperkalemia. This condition can up a woman’s blood potassium levels and lead to other health problems, including heart problems.

Considering that Yaz, Yasmin, and their generic counterparts have been marketed as a drug for treating premenstrual dysphoric disorder and premenstrual syndrome, it is disturbing to think that there are women taking these medications who were not made aware of the risks beforehand. The side effects mentioned above are health issues that often come with other complications. For example, someone who develops a blood clot may later develop pregnancy problems or have to take blood thinners. Or, a woman who woman who suffers a stroke could end up with developing permanent mobility issues and/or sustaining partial brain damage.

Our Boston dangerous drug lawyers want to hear from you. We can help you explore your legal options and help you determine whether you have grounds for a Yasmin or Yaz lawsuit.

More Yasmin Lawsuits Filed, Lawyers and Settlements, March 8, 2011

Bayer Annual Report (PDF)

Related Web Resources:
Yasmin

Yaz

More Blog Posts:
Massachusetts Dangerous Drug Lawsuit Says Raptiva Caused Serious Infections, Boston Injury Lawyer Blog, February 8, 2011

Boston Dangerous Drug: Taking Darvocet or Darvon Can Cause Heart Problems, Boston Injury Lawyer Blog, January 28, 2011

Boston, Massachusetts Personal Injury: Are Dietary Supplements Dangerous Drugs?, Boston Injury Lawyer Blog, August 4, 2010

Brain injuries affected over a million people in the US every year. March is Brain Injury Awareness month, and our Boston injury lawyers want to remind you that if someone you love has sustained a brain injury because of an accident that was caused by another party’s negligent actions, you may have grounds for a Massachusetts brain injury lawsuit.

Some common causes of Boston traumatic brain injuries:

• Fall accidents
• Car crashes
• Getting hit by or striking a hard object or surface
• Assault crimes
• Medical mistakes
• Strangulation
• Construction accidents
• Choking accidents
• Near drowning accidents
• Electrocution
• Exposure to hazardous substances
• Sports
• Slip and fall accidents
• Birthing injuries

Suffering a brain injury can irrevocably alter the victim’s life. In addition to costly medical and rehabilitation expenses, a brain injury victim may not be able to work, live independently, or maintain the same quality of life or relationships as before.

Signs someone may be suffering from a brain injury after hitting his/her head include, vomiting, anxiety, fatigue, loss of consciousness, slurred speech, sadness, problems remembering new information, blurred vision, listlessness, headache, and convulsions. Brain injuries are not always immediately detectable. Some brain injuries are so dangerous that one moment, a person may think he/she is fine, and the next moment, the person is in a coma.

A brain injury can be mild or it can be severe. That said, even a “mild” brain injury, such as a concussion, can in fact be a serious injury. Brain injuries can cause personality changes, communication difficulties memory problems, epilepsy, emotional problems, cognitive brain impairment, coma, or increase the chances that the person could develop Parkinson’s disease or Alzheimer’s.

Related Web Resources:
Brain Injury Awareness Month

Traumatic Brain Injury Information Page, NINDS


More Blog Posts:
Boston, Massachusetts Wrongful Death Lawsuit Filed Against MIT and Delta Upsilon Fraternity for Student’s Fatal Fall, Boston Injury Lawyer Blog, September 28, 2011

Boston Traumatic Brain Injury Survivors Are More Likely to Suffer from Clinical Depression, Boston Injury Lawyer Blog, June 10, 2011

Traffic Crashes and Fall Accidents Continue to be Leading Causes of Traumatic Brain Injuries, Boston Injury Lawyer Blog, March 23, 2011

Continue reading "Boston TBIs Highlighted During Brain Injury Awareness Month" »

According to the Insurance Institute for Highway Safety, the federal government needs to mandate that stronger rear guards be used on tractor-trailers and other big rig trucks. The underride guards are supposed to prevent smaller vehicles that rear-end large trucks from ending up under the larger vehicle. Unfortunately, the current rear guards do not appear to be doing enough to stop truck underride crashes from happening.

Our Boston injury lawyers are familiar with the damage and catastrophic injuries that can result when a smaller auto ends up under a semi-truck or another type of big rig truck. We welcome any efforts to make and install sturdier rear guards that can stop a smaller vehicle from sliding under a truck. We also represent clients with Massachusetts products liability cases against the makers of defective truck parts.

The IIHS came to the conclusion that the current underride guards in use aren’t tough enough when they failed during low speed crash tests. Also. analysis of about 1,000 real-world collisions between 2001 and 2003 (from the Large Truck Crash causation study) showed that of the 115 rear-end truck crashes involving a passenger vehicle hitting a big rig's back, underride collisions were a common outcome.

A vehicle’s occupant compartment that is involved in an underride truck crash usually ends up getting crushed, which often proves catastrophic for those inside. Serious upper body injuries, such as decapitation, spinal cord injury, or organ damage can be sustained if the victims are lucky enough to survive. Also, In 23 of the 28 incidents involving a passenger vehicle occupant dying, usually there was some underride damage, meaning that at least the entire front end of the auto ended up underneath the truck.

More Truck Underride Facts:
• The NHTSA says approximately 423 people a year are killed over 5,000 others are injured in collisions involving passenger autos rear-ending large trucks.
• In 2009, 70% of the 3,163 truck crash victims that died were the occupants of passenger vehicles.

Our Boston truck accident law firm represents victims and their families throughout the state.

Underride guards on big rigs often fail in crashes; Institute petitions government for new standard, Insurance Institute for Highway Safety, March 1, 2011

Underride Crashes, IIHS Status Report (PDF)

Related Web Resources:
Underride Network

The Large Truck Causation Study

More Blog Posts:
Tractor-Trailer Crash Causes Evacuation of Palmer Residents, Boston Car Accident Lawyer Blog, November 29, 2010

Three Teenagers injured When SUV Collides with Tractor-Trailer, Boston Car Accident Lawyer Blog, September 10, 2010

Massachusetts Woman Dies in Tractor-Trailer Accident, Boston Car Accident Lawyer Blog, April 14, 2010

Patrick Blanchard is seeking Massachusetts personal injury damages from the Platinum Premier Gentleman’s Club in Worcester. The 25-year-old Sterling resident contends that he was beaten and robbed by a club employee last May.

In his Worcester personal injury complaint, Blanchard claims that strip club employee Easton Byfield brought him to the men’s room, wrongfully accused him of selling drugs to dancer, struck his face four times, and stole $300 from him. Byfield, an Oxford resident, has been charged with kidnapping, assault and battery, unarmed robbery, and filing a false police report.

Blanchard says that someone else shot the incident on video and the footage was posted on YouTube and other Websites. The plaintiff says that the video has been watched “hundreds of thousands” of times and that this has caused him to suffer severe emotional distress, humiliation, and extreme embarrassment. He says that his damages for emotional trauma alone are over $30,000.

Blanchard is also seeking monetary damages for intentional infliction of emotional trauma, assault and battery, defamation, false imprisonment, invasion of privacy, civil rights violations, negligent hiring and supervision, and wrongful conversion.

Massachusetts Premises Liability
Premises that are frequented by patrons are responsible for making sure that these visitors do not get hurt while on the property. This means making sure that there are no hazards on the premise and that there is adequate security to prevent customers or guests from becoming the victim of a violent crime. Failure to prevent such incidents can be grounds for a Boston injury case.

On March 17, the License Commission revoked the Platinum Premier Gentlemen's Club's licenses for alcohol, entertainment, and common victualer. The commissioners found the club guilty of numerous violations, including overcharging a customer, watering down alcohol, interfering with police investigators, and the alleged assault of a patron in a bathroom. The Telegram.com says that the club has been closed down.

Strip club victim sues, Telegram.com, March 2, 2011

End of road for strip club, Telegram.com, March 18, 2011

Worcester bouncer facing charges after assaulting victim, WHDH, February 21, 2011

Related Web Resources:
Inadequate Security, Justia

More Blog Posts:
Revere Man is Fatally Shot in His Apartment Building, Boston Injury Lawyer Blog, January 31, 2011

Two Armed Robberies in Three Days Near and On Harvard Campus, Boston Injury Lawyer Blog, November 15, 2010

Gloucester Teen Files Lynn Personal Injury Lawsuit Against MBTA Over Elevator Rape, Boston Injury Lawyer Blog, August 17, 2010

State officials are ordering a statewide investigation of escalators, after 4-year-old Mark DiBona fell two stories down an escalator in a Sears store at the Auburn Mall on Friday. The Dudley boy landed on a store display and sustained serious injuries during the Massachusetts escalator accident. He died the following day.

Earlier this week, two inspectors were suspended because they did not block off a gap at the top of the escalator. Although the gap should have only been 4 inches wide, it was 6 ¼ inches. A barricade should have been placed between the wall and the side of the escalator to restrict the opening’s size. All escalators that the two inspectors checked will be looked at again.

There are about 975 escalators in the state. Each one is inspected annually.

Escalator Accidents
Kids and elderly seniors are two of the groups most at risk of getting injured in an escalator accident. While some escalator accidents are caused by rider carelessness, still others are caused inadequate maintenance, escalator malfunction, or escalator defects. Our Boston injury lawyers can help you determine whether you have grounds for a case.

Common Boston escalator accidents include fall accidents, trip and fall incidents, and accidents involving a person’s shoe or shoelaces getting stuck on an escalator step. Escalator accident injuries may include:

• Broken bones
• Traumatic brain injury
• Spinal cord injury
• Fractures
• Foot injuries
• Neck injuries
• Toe and Finger injuries
• Mental and emotional trauma

If you or someone you love was seriously injured in an escalator accident—depending on the specifics of your case, you may have grounds for a Boston personal injury or wrongful death case against the owner of the property where the escalator is located (for Boston premises liability), the manufacturer (for Massachusetts products liability), the company of maintaining the escalator, or other liable parties.

Inspectors Suspended After Fatal Escalator Fall, WCVB Boston, March 14, 2011

Boy, 4, dies after fall from store escalator in Auburn mall, Boston.com, March 13, 2011

Escalator Inspections Ordered Across Mass. After Boy’s Death, Boston, March 15, 2011

Related Web Resources:
Escalator Safety for Parents, Mass.gov

Auburn Mall

More Blog Posts:
Boston Wrongful Death Lawsuit Seeks Damages For Family of 82-Year-Old Who Was Strangled When Clothing Got Stuck on MBTA Escalator, Boston Injury Lawyer, November 4, 2009

MBTA Escalator Accident Sends Girl to Mass General Hospital, Boston Car Accident Lawyer Blog, August 6, 2010

Nearly two years after Waltham resident Philip Grossman checked into a Woburn hotel and committed suicide, his family wants to sue Bank of America for his Massachusetts wrongful death. The 65-year-old computer consultant killed himself after he and his wife lost over half their savings.

Until 2007, Grossman had never placed his money in anything riskier than certificates of deposit. He decided to work with a broker at Bank of America’s investment arm on the advice of his longtime banker at the bank and because he thought he would earn more money without great risk to his savings. Grossman’s family claims he lost $400,000 during the economic crisis because his broker, Clifton Spinney, had invested his money more aggressively than promised.

His wife and daughter filed their civil suit alleging Massachusetts wrongful death, negligence, negligent misrepresentation, and breach of fiduciary duties. Unfortunately, because Grossman signed an agreement that any dispute with Bank of America needed to be worked out in private arbitration, his family is finding that getting their day before a jury in civil court is proving difficult.

Bank of America has invoked the arbitration agreement and in August, a district court judge agreed with the bank. US District Court Judge Douglas P. Woodlock says that although the family “may win it later… it seem to me the law right now is pretty clear.” That said, Massachusetts Secretary of State William F. Galvin has said investors shouldn’t have to sign away their rights when they decide to work with a broker. The Boston Globe quotes him calling the arbitration system “woefully inadequate and very unfair.” Now, the Massachusetts Secretary of State’s office says it is investigating whether Spinney engaged in broker misconduct when handling the Grossmans' money. According to the Boston Herald, the state would pursue compensation for the couple's losses.

Grossman’s family is now getting ready to take their case to arbitration.

Massachusetts Wrongful Death
We know how tough it can be to lose your loved one because someone else was negligent, careless, or reckless. Loved ones seeking to recover Boston wrongful death damages should explore all their legal options. Depending on the specifics of your case, family members may be able to recover compensation for loss of income, protection, services, care, society, comfort, assistance, companionship, counsel, guidance, or advice, funeral, burial, or cremation costs, punitive damages, and other damages. That said, if filing a civil lawsuit is not an option for you, there may be other alternatives for recovery.

Family fights to sue Bank of America after Waltham man's suicide, Boston.com, March 13, 2011

Mass. probes actions of Bank of America broker, Boston Herald/AP, March 15, 2011

Related Web Resources:
Wrongful Death Claims, Nolo

Dodd-Frank Wall Street Reform (PDF)

Arbitration

William Francis Galvin, Secretary of the Commonwealth

More Blog Posts:
$6.8 Million Boston Wrongful Death Judgment Awarded Over NU Student’s Fatal Fall Down Bar Stairs, Boston Injury Lawyer, February 27, 2011

Electrical Issue May Have Cause Fatal Westfield, Massachusetts Fire that Killed Elderly Couple, Boston Injury Lawyer, February 18, 2011

Boston Wrongful Death Lawsuit Filed Against American Medical Response After Ambulance Patient is Dropped on Her Head, Boston Injury Lawyer, February 16, 2011

The family of Geraldine Oswald believes that she died because of a medical mistake. The 76-year-old Revere woman died last year after she was given too much blood thinner while in the care of Massachusetts General Hospital. Now, they are suing for Boston wrongful death and medical malpractice. Defendants include the hospital, two nurses, and five doctors.

According to Oswald’s daughter Donna Beatrice, her mother fell and broke her shoulder last year. After she developed a minor urinary tract infection, a nurse at the hospital gave her “thirty times more” Lepirudin than the dose that she should have received. Oswald ended up bleeding internally for 12 hours before she died. Beatrice's Boston medical malpractice lawsuit claims that at the end, the elderly patient started bleeding through her body’s orifices and became unresponsive. The family contends that doctors didn’t realize how serious her condition was until it was too late.

Hospital officials have admitted to the Massachusetts medication mistake. They say that it could have been prevented. Per a report that it gave to the family, the hospital admits that the day nurse knew what dose to give Oswald but made a mistake when putting the dose into the IV pump.

Since Oswald’s death, the hospital says it has put into place new guidelines for giving patients Lepirudin. The state’s Board of Nursing is looking into the part nursing played in Oswald’s death.

Medication Mix-Ups
According to a 2006 report from the Institute of Medicine of the National Academies, medication mistakes are all too common. Those that occur in hospitals alone—approximately 400,000 a year—cost an additional $3.5 billion to treat. The Institute of Medicine says that about 7,000 fatalities caused by preventable medical mistakes at hospitals happen every year.

Common causes of medication mix-ups:
• Illegibly written prescriptions
• Dosage errors
• Confusing drug labeling
• Unknown patient allergies
• Distracted/tired hospital workers

MGH faces suit over drug error that killed woman, Boston.com, March 10, 2011

Family files wrongful death suit against MGH, NECN, March 10, 2011

Medication Errors Injure 1.5 Million People and Cost Billions of Dollars Annually, Institute of Medicine, July 20, 2006

Related Web Resources:
Medication Errors, Campaign Zero

Massachusetts General Hospital

Lepirudin

More Blog Posts:
Boston Medical Malpractice Lawsuit Against Rebecca Riley’s Psychiatrist to Move Forward, Boston Injury Lawyer, March 30, 2010

Father Sues Harvard for Massachusetts Wrongful Death After Student who was Prescribed Medication Commits Suicide, Boston Injury Lawyer, December 4, 2009

Massachusetts Hospitals Racked Up Over 300 Medical Mistakes, Including Fall Accidents, Medication Errors, and Surgical Malpractice, In 2008, Boston Injury Lawyer, April 9, 2009

Last year, South Shore Hospital in Weymouth admitted to losing more than 800,000 patient health records. While the hospital admitted this mistake to Massachusetts Attorney General Martha Coakley and the public, it never directly notified each person whose medical records had been lost. Most of those affected by this Massachusetts hospital negligence also likely didn’t realize that they are entitled to sue over this breach of privacy.

Although the hospital decided to invoke a provision under state law that allows consumers to be told of such breaches through the “substitute notice” process—in this case, the media, e-mail, and the hospital’s Web site—Coakley’s office made it clear that it did not agree with the way that the Weymouth hospital chose to notify those who were affected.

The records that the South Shore hospital lost were computer files containing personal information belonging to patients, doctors, employees, donors, volunteers, vendors, and business partners. This information included names, Social Security numbers, birth dates, phone numbers, driver’s license numbers, patient numbers, medical record numbers, health plan information, diagnoses and treatment information, dates of service, and credit card information found in files for the period of January 1, 1996 to January 6, 2010. The information went missing early last year as data was being shipped to a contractor that was supposed to destroy them.

While experts have said that opening and deciphering the files would be tough unless the person were in possession of certain high-tech skills, the loss of these medical records is still a blatant breach of privacy. Unfortunately, it is not uncommon for hospitals to lose or mishandle medical records. It is just that in most instances, they are not held accountable. Filing a Boston hospital negligence lawsuit would allow someone whose records were stolen do just that. It also may be the only way to get hospitals to set up systems and procedures to stop this type of breach from happening. No one wants to find that they are now the victim of identity theft because a hospital didn't protect their private information.

Our Boston personal injury law firm would like to offer you a free consultation to discuss your legal options.

Hospital says 800K records may be missing, Boston.com, July 19, 2010

Attorney General Martha Coakley: 800,000 Consumers Affected by South Shore Hospital Data Breach to Receive Substitute Notification, Mass.gov, September 8, 2010

Related Web Resources:
Delayed Compliance with New Regulations Has Increased Data Breaches and Medical Identity Theft in U.S. Hospitals, Identity Theft Daily News, April 20, 2010

South Shore Hospital in Weymouth

In federal court today, Dr. Joseph Zolot and nurse practitioner Lisa Pliner were indicted on charges they conspired to illegally distribute controlled substances to patients and that this resulted in six fatalities. Drugs that they allegedly distributed included oxycodone, methadone, and fentanyl.

According to the indictment, Zolot and Pliner knew that the patients had drug addictions yet they still prescribed the painkillers—even though they were medically unnecessary—in exchange for money or insurance payments. Their alleged medical negligence in prescribing these drugs led to certain patients suffering from health issues, addiction, and/or overdose deaths. Jeffrey Campbell, Dennis Dillon, Thomas Dunphy, Christopher Bartoloni, James Curley, and Scot Poulack died from drug overdoses. The victims' families may decide they have grounds to sue for Boston medical malpractice and wrongful death.

Zolot’s criminal defense lawyer is disputing the criminal charges. He contends that his client acted in good faith as a doctor. Pliner, who continues to work as a registered nurse, also plans to combat the charges against her.

Boston Medication Malpractice
It is the responsibility of a doctor prescribing medication to make sure that a patient gets not just the correct medication, but also right dosage. A physician must also refrain from overprescription, which can—depending on the medication—lead to unhealthy dependency, addiction, serious side effects, drug overdose, and death. Medical professionals also are not allowed to give a patient drugs in exchange for sexual favors or money.

Prescribing the wrong medication or the incorrect dose of medication can be grounds for Boston medical malpractice if the patient suffers an adverse reaction, develops health complications, or dies. In Massachusetts, patients have three years from the cause of action to sue.

Former Needham doctor and nurse practitioner indicted in six overdose deaths, Boston.com, March 3, 2011

Former Needham Doctor, Nurse Indicted In 6 Deaths, CBS Boston, March 3, 2011

Related Web Resources:
Drug Overdose, WebMD

Medication Overdose, Wrong Diagnosis