Boston Injury Attorney Blog

A Massachusetts ophthalmologist who negligently performed two unnecessary LASIX procedures on a 28-year-old man recently reached a $525,000 settlement with the injured party. The man had his first corrective surgery on both eyes in March 2002, but ended up with worse vision than he had before. The patient was unaware at the time that the condition of his corneas disqualified him as a candidate for LASIK. Although the patient exhibited signs of his corneal condition, the ophthalmologist performed the surgery and the patient's vision deteriorated.

In 2006, the patient visited the same ophthalmologist seeking to improve his vision. His corneal condition still rendered him ineligible for LASIK. Nevertheless, the ophthalmologist recommended a second surgery. The second procedure further deteriorated the patient's vision, compounding the ill effects of the first.

The patient has since developed numerous post-LASIK complications and may require a corneal transplant. He must now endure daily eye pain and headaches, diminished vision, uncorrected visual acuity, and visual distortions. The patient alleged that his ophthalmologist should have recognized his corneal condition and realized that he was not a candidate for either LASIK surgery. Accordingly, the patient brought negligence claims against the ophthalmologist and his employer. The case settled after mediation and prior to depositions for $525,000.

Continue reading "Negligent Massachusetts LASIK surgeries result in $525K settlement" »

A man from Beverly, Massachusetts was taken to Massachusetts General Hospital from the scene of the accident he caused on March 24, 2011. The man was charged with driving under the influence of alcohol, leaving the scene of a personal injury accident, and operating to endanger. The accident took place in Saugus, Massachusetts.

Initially, the man drove his truck into another vehicle in Lynnfield, Massachusetts, fled the scene, and continued to Saugus. Once in Saugus, he struck two other vehicles and then ran into a utility pole. State police reported that the accident caused live electrical wires to fall into the roadway, causing them to close several lanes on Route 1 for more than an hour. The victims of the accident suffered from minor injuries.

Massachusetts General Laws define driving under the influence of alcohol in Title XIV, Chapter 90, Section 24 as operating a vehicle in a place the public has access to with a percentage by weight of alcohol in the blood of 0.08 or greater. If convicted of driving under the influence, the accused can face a fine of anywhere between $500 and $5,000.00 and/or imprisonment for a maximum of two years. Punishments are stricter for repeat offenders. Additionally, if convicted three or more times, the charges become felonies rather than unclassified, as they are for the first two instances of driving under the influence.

In 2008, there were 151 alcohol related fatalities in automobile accidents in Massachusetts. This figure represents 42% of all automobile accidents resulting in fatalities in that year. Of these fatalities, 34% involved a driver with greater than 0.08% blood alcohol level. Though these numbers have steadily dropped since the 1980s, drunk driving is still a problem in Massachusetts.

Continue reading "Beverly, MA driver charged with DUI in 3 car cccident in Saugus, MA" »

A Boston, Massachusetts green line train traveling on the C route between Harvard Avenue and Winchester Street ran over a blazing fire on Wednesday night. The train was travelling on Beacon Street in Brookline, MA. MBTA General Manager Richard Davey, Jr. said on Thursday morning that no one was put in harm's way because of the incident. However, a witness who was able to take photographs of the blaze told the Boston Globe that he was shocked the trolley continued.

The incident took place around 7pm, a busy time of night for T travelers. It was unclear whether the fire began on the actual tracks or right next to them. Davey said he wished the operator of the trolley car had waited for firemen to control the fire before continuing over it.

There are approximately 2,000-2,500 accidents involving MBTA buses in Massachusetts annually, and of those 400-600 have been deemed preventable. In 2009, there were 221 bus crashes across the United States that involved fatalities, one of which happened in Massachusetts.

Continue reading "Brookline, MA fire does not stop MBTA Green Line train " »

Spring is here in Boston, Massachusetts and Environmental Police are reminding all-terrain vehicle (ATV) and dirt bike riders of new safety laws. The new Massachusetts laws create age restrictions for minor operators and stiffer penalties for illegal vehicle operation. From 2008-2010, there were 162 reported recreation vehicle accidents and 11 fatalities in Massachusetts.

Pursuant to Massachusetts law, no person under age 10 may operate a recreational vehicle. Persons between ages 10 and 14 may only operate ATVs and/or dirt bikes while preparing for or participating in a sanctioned race, rally or organized event. Recreation vehicle riders ages 14 to 16 may not operate a vehicle with an engine capacity greater than 90 cubic centimeters and may not ride without adult supervision. As of February 1, 2011, any recreation vehicle rider under age 18 must attend a state-approved safety course. To obtain a complete schedule and register for a class, log on to http://www.mass.gov/dfwele/dle/ohvcourselist.htm or call (508) 759-0002.

The new law also requires all operators to register their vehicles with the Massachusetts Environmental Police. In addition, there are harsher penalties for illegal operation of recreation vehicles. Adhering to the new laws is essential to safely enjoy recreational vehicles this upcoming season. After all, rider safety was the chief concern of the Massachusetts legislature and the MEP when the new laws were developed. The unnecessarily high number of accidents resulting in personal injury and/or death should be curbed if these regulations are firmly followed and enforced.

Continue reading "Fatalities Prompt Massachusetts Police to Remind Recreational Bikers of New Safety Laws" »

With the season opener scheduled at Fenway Park in Boston, Massachusetts against the Yankees just around the corner, Sox fans in Massachusetts have begun looking forward to going to baseball games on Yawkey Way. Here are some tips that will help you avoid personal injury at the game!

1. Wear comfortable shoes with durable soles. Many slips and falls happen every season at Fenway Park. Last year a Montreal man suffered facial lacerations and a concussion when he slipped on a staircase while at a game. Keep yourself safe by wearing sneakers with durable treads that can handle a worn-out staircase or unseen puddle, and always be aware of your surroundings! Use handrails when they are available to you, watch where you are going and take the stairs one at a time.

2. Leave early enough to beat the crowds. To avoid car and pedestrian accidents during the mass exodus of fans from Fenway Park for Red Sox games, have an exit plan ahead of time. Make sure your fellow Sox fans know your plan in advance of your departure.

3. Keep your children and belongings nearby. Last season, ESPN reported that Fenway Park averaged 37,610 fans in attendance per game. Keep your children in your line of sight so they do not get lost in the crowds.

4. Hydrate. Stay hydrated by drinking lots of water - especially in the heat of the summer. This will enhance your experience at Fenway Park watching the game.

Continue reading "Safe Fun at Fenway Park in Boston, MA" »

The Massachusetts Supreme Judicial Court is reviewing the appeal of Adam Lamothe, a 28-year-old Worcester man convicted of driving while intoxicated (DWI) and striking two bicyclists on South Main Street in Concord, Massachusetts. One of the bicyclists sustained severe personal injuries and was hospitalized for two months with a fractured skull. Lamothe admitted he was intoxicated, but did not cause the accident. He advanced this argument in his September 2009 trial in Merrimack County Superior Court before Judge David Sullivan, hiring an accident reconstructionist who testified that the bicyclists had swerved into the street, rendering the crash unavoidable, even for an unimpaired driver. Judge Sullivan sentenced Lamothe to two to seven years in prison and $230,000.00 in restitution.

In his appeal, Lamothe contends that Concord police never established that he caused the crash, because no accident reconstruction was performed.

According to Court records, Lamothe's blood alcohol level was 0.17, more than twice the Massachusetts legal limit of 0.08. Since he struck two other parked cars on North Main Street in Concord before hitting the bicyclists and the third parked car, it is unlikely that the state Supreme Court find will Lamothe's argument credible.

Continue reading "Worcester Man Appeals DWI Conviction to Supreme Judicial Court After Hitting Two Bicyclists " »

A string of pedestrian accidents in Quincy, Massachusetts has prompted the city's traffic engineer to push for "solar glare" warning signs at a hazardous Quincy Point intersection. Police Captain John Dougan recently noted in The Patriot Ledger that several automobile accidents at Washington & Elm Streets were caused by drivers blinded by the sun. In the most recent, a 34-year-old Quincy woman was struck by a vehicle in a crosswalk at the intersection on March 15. The driver, a 34-year-old Boston man, was cited for failing to yield to a pedestrian. He informed Quincy police that he was unable to see the walker because of solar glare. Fortunately, the woman sustained non-life-threating injuries and was treated at Quincy Medical Center. Other pedestrians struck at the intersection have not been so lucky.

Last September, a 67-year-old Quincy man was struck and killed by a motorist when crossing between Washington & Elm on foot. The driver, a 46-year-old Quincy man, was charged with motor vehicle homicide and is awaiting trial.

Quincy officials are working to create safer passageways for pedestrians. While new signage warning motorists of solar glare would be a welcome addition to Quincy streets, solar glare does not justify car accidents caused by negligence.

Continue reading "Pedestrian Accidents in Quincy, Massachusetts from Solar Glare" »

In Auburn, Massachusetts, a four-year-old boy recently fell to his death due to a defective escalator at Sears Department Store. The escalator was installed in 2009 and had recently passed its annual inspection. The two inspectors who failed to recognize the unsafe condition of the Auburn escalator were suspended without pay. The unsafe condition was the gap between the handrail and the guard walls.

In the Commonwealth of Massachusetts, the acceptable length of a gap between the moving handrail of an escalator and the guard rails is five inches. However, the escalator in the Auburn Sears Department Store was six and one quarter inches between the handrail and guard wall. This gap was large enough for the boy to slip through the crack causing him to fall to his death.

The company that installed the escalator in Auburn, MA shopping mall is the same company that installed an escalator in Boston's Museum of Fine Arts that left a child's leg mangled in 1991.

Personal injuries due to dangerous escalators are not uncommon. In February 2009, a woman was strangled to death on an escalator in a T Station. A wrongful death suit filed in Suffolk Superior Court by her family, indicated that the woman's hair and scarf pinned her to the metal grating on the escalator for so long that she strangled and died.

Continue reading "Child Dies on Escalator in Auburn, Massachusetts" »

A Massachusetts healthy 76-year-old woman fell and injured herself getting out bed. She developed an infection and went to Massachusetts General Hospital to undergo a course of antibiotics to treat her infection. She died after hemorrhaging for 12 hours while in-patient at the hospital.

The patient was prescribed a blood thinner called Lepirudin. However, Massachusetts General Hospital employees mistakenly gave her a dose that was 30 times higher than recommended. This made her body incapable of clotting her blood. When she began bleeding internally, the bleeding would not stop and she died. The hospital released an apologetic statement, saying there would be an internal review and the development of new hospital policies. One possible plan included a new system of reviewing and approving dose infusions. The hospital openly took the blame for the mistake and indicated the situation could have been prevented if employees had been more careful.

According to the Boston Globe, dosage errors have been the single leading cause of fatal medication mistakes for a long time. In 1994 Boston Globe health columnist Betsey Lehman died due to a chemotherapy drug overdose. That tragedy sparked a national movement toward the prevention of similar errors by hospitals. Hospitals continue to attempt to enact policies and practices that avoid such tragedies.

Bellotti Law Group is a full service law firm and is dedicated to providing cost-effective solutions to your legal problems.

Source:
h

The Massachusetts Legislature will have the opportunity to reshape medical malpractice laws in the Commonwealth of Massachusetts sometime in the next few weeks. Last month, Governor Deval Patrick proposed a sweeping bill, titled An Act Improving the Quality of Health Care and Controlling Costs by Reforming Health Systems and Payments, aimed at containing escalating health care costs. A large part of the proposed legislation is dedicated to reforming medical malpractice laws.

Massachusetts is home to some of the world's best medical professionals. Yet, even the most skilled doctors are susceptible to committing medical errors. There are often legal remedies available to patients who receive substandard care. As a result, doctors are often hesitant to admit blame. Governor Patrick's proposed legislation hopes to change this sentiment.

According to Massachusetts Lawyers Weekly, if Governor Patrick's bill is signed into law, Massachusetts doctors would be able to say "I'm sorry" without risking their apology being admitted as evidence against them in a med malpractice lawsuit. More specifically, the bill provides that a health care provider's "statements, affirmations, gestures, activities or conduct expressing benevolence, regret, apology, sympathy, commiseration, condolence, compassion, mistake, error, or a general sense of concern" relating to an unexpected medical outcome would be inadmissible at trial.

In an effort to curtail frivolous suits, the bill also calls for a 180-day "cooling off period" before a med malpractice suit can be brought.
While these measures reflect changes to the current laws, it is unclear what effect if any they will have on reducing medical malpractice suits, especially when the injuries are serious and causally related to the medical provider's negligence.

Continue reading "Massachusetts "Doctors' Bill": Gov. Patrick Aims to Deval-ue Medical Malpractice " »