Boston Injury Attorney Blog

The UMass Memorial Medical Center has recently increased its efforts to identify and combat negligent nursing care, which has resulted in the preventable patient deaths at the hospital. The initiative came after the Massachusetts hospital became aware of the problem called "alarm fatigue," where nurses are unconsciously tuning out patient monitor warning alarms after persistent exposure to their sights and sounds. In Massachusetts, at least two patient deaths at UMass Memorial Hospital and one at Massachusetts General Hospital have been attributed to alarm fatigue and inadequate nursing response to patient crises. Alarm fatigue has also been linked to serious personal injuries and medical errors.

Earlier this fall, the second patient death in four years involving alarm fatigue occurred at Umass Hospital. In that case, a 60-year-old Massachusetts man died in the intensive care unit after alarms signaling heart and respiratory distress were disregarded for nearly an hour. Massachusetts state investigators found that the death occurred in August 2010, but was not reported to the Department of Public Health until the following spring. Investigators cited various violations by the UMass Memorial Medical Center, including not responding to patient warning alarms "in a timely manner." Four years ago, similar nursing negligence was blamed for another preventable death, when nurses at the hospital ignored alarms that warned of an elderly Massachusetts man's cardiac maladies. In the ensuing Massachusetts Department of Health report, it was found that the decedent's monitors were sounding alarms for over an hour, warning that his heart rate and breathing had sped up and his blood oxygen level had fallen. This was followed by a higher pitched "critical alarm," which warned that the patient had stopped breathing. Investigators noted in the report that "there was no evidence that nursing had responded to the alarms during this period of time."

According to the Boston Globe, "alarm fatigue" is not a problem limited to nurses and hospitals in Massachusetts. In fact, a recent study shows that nationwide this type of medical malpractice has led to at least 200 patient deaths since 2005, and likely hundreds more that were not correctly reported. Maria Cvach, an assistant director of nursing at Johns Hopkins Hospital in Baltimore and specialist on medical alarm fatigue told the Globe that, "I don't think any hospital has fully solved this problem." The UMass Medical Center is now taking steps to eradicate the issue, informing the Massachusetts Department of Public Health that it is actively taking steps to improve patient care. These include monthly drills in the intensive care unit, where nurses are timed in responding to patient alarms. The hospital has also held seminars on preventing this type of alarm fatigue in Massachusetts and on the national stage. One proposal is for advanced monitoring devices, which more accurately gauge the seriousness of a patient's condition before sounding alarms. Theresa Gallivan, associate chief nurse at Massachusetts General Hospital, told the Globe that she is a proponent for more advanced monitoring devices, which will reduce the number of false alarms and allow nurses to respond more efficiently to actual crises. According to Gallivan, though, "there is a mismatch of technology and what we are trying to achieve.''

While it is impossible to preserve the lives of every patient, recipients of medical treatment are entitled to attentive and adequate care by healthcare professionals. Boston medical malpractice lawyer Peter Bellotti notes that "healthcare professionals are held to a particularly high standard of care, since their actions can quite literally determine whether or not a patient survives. If this standard of care is not met, responsible individuals may be deemed negligent."

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Last month, a Boston, Massachusetts woman sustained life-ending personal injuries after falling five stories through a skylight on the roof of a South Boston office building, located at 281 Summer Street. Boston police and the Suffolk County district attorney's office are now investigating the incident. Officer Eddy Chrispin told the Boston Globe that the fatal fall appeared to be accidental and likely did not involve drugs or alcohol. Boston police did note, however, that the building's roof was not readily accessible to inhabitants. The Suffolk district attorney's office refused to identify the victim of the fatal fall, noting only that she was in her early 20s. Thus far, no premises liability charges have been brought against the New Jersey-based owners of the building, Normandy Real Estate Partners. However, the company is cooperating with investigators in Massachusetts to determine the cause of the accident. Although this tragedy seems rare, it follows another fall through a skylight in Massachusetts this past spring, when a young man fell through a skylight on a roof in Brookline. In that case, the victim was more fortunate, sustaining only minor personal injuries.

According to Massachusetts state and federal law, building owners have a duty to keep their property reasonably safe and free of hazards that are known or should be known to potentially cause personal injury. Failure to maintain safe premises can result in liability for property owners and/or property management companies. The duty to secure property not only includes the removal or repair of hazards, but precluding access to unsafe areas, like building rooftops, if there exists an unreasonable risk of injury by entering the area. To avoid premises liability for personal injury and/or death, building owners are required to at least provide adequate warning of such dangers. If property owners or management companies have negligently failed to maintain safe premises or provide adequate warning, they can be held liable for any damages. Boston attorney Peter Bellotti notes that "often, visitors of property have no way of knowing about potential hazards that exist on the premises. Thus, by law, property owners, and possibly property management companies, have a duty to reasonably secure the premises to minimize the risk of personal injury. At the very least, adequate warnings should be given to safeguard against tragic accidents like this recent fall."

Under Massachusetts state and federal law, the exact duty owed to injured parties on premises varies with the class of the victim. For social guests and customers of a business, a property possessor has a duty to protect from all conditions concealed from the guest and known in advance by the property possessor. In short, the possessor of property must protect visitors of his property from defects to the extent of a reasonably prudent person. Pursuant to this case, a reasonably prudent person would likely not allow visitors on the roof of an unsecured building. A landlord may also be responsible for breach of warranty of habitability if the property is not maintained up to building code. If there exists a breach of warranty, both tenants and their guests can potentially recover for injuries sustained on the property. These issues will have to be explored further to determine if there existed any liable at the hands of the property owners in this case.

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Nearly all drivers can remember the excitement and responsibility that comes with obtaining a driver's license. While gaining the right to drive in Massachusetts is undoubtedly a celebrated right of passage for many Massachusetts teens, statistics show that adolescent drivers are at a much higher risk for car accidents and personal injuries behind the wheel. The Massachusetts "Graduated Licensing Law/Junior Operator's License" aims to reduce to number of teenage driving injuries and deaths in the state, by requiring drivers under age 18 to follow a three-step process before obtaining a full driver's license.

According to the Massachusetts Department of Transportation, motor vehicle accidents are the number one killer of teens in the United States. Further, new drivers are four times more likely to be killed and 14 times more likely to be injured than any other group. Boston attorney Peter Bellotti notes that "while speed and inexperience are the two most common causes for teen car accidents and fatalities, other contributing factors like peer pressure and texting while driving add to the increased risk." Still, because inexperience behind the wheel remains the most publicized risk factor, Massachusetts employs a graduated licensing program to ease teens into full driver's licensure.

The first step for Massachusetts adolescents over age 16 is to apply for a learner's permit. This requires a visit to a Massachusetts Registry of Motor Vehicles office, where the teen must sit for a learner's permit test. The test consists of 25 multiple choice questions regarding traffic laws in the state and the examinee must answer at least 18 questions correctly to obtain a learner's permit. This permit allows drivers a 6-month minimum period, with some restrictions, to begin practicing their driving skills. These restrictions include not driving alone (permit holders must have another licensed driver over age 21 in the vehicle) and not driving between the hours of 12:30 a.m. and 5:30 a.m., unless accompanied by a parent or legal guardian.

The second step, which must be completed during the learner's permit window, requires completing a Massachusetts drivers education program. The class must be state approved and include 30 hours of classroom time, 12 hours of actual driving, and 6 hours of "in car" observation. The applicant must also complete 40 hours of outside driving with a licensed parent or guardian.

The third and final step for drivers under age 18 is to obtain a Massachusetts "junior drivers license" by passing a road test. This junior license allows a driver to be on the road without a supervising driver, but other restrictions are imposed. The curfew is still in place until age 18, and junior license holders cannot have any passengers under age 18 in their vehicle, unless they are immediate family members or a supervising driver is also present. If a clean driving record is maintained for 6-months while holding a junior license, the license can be upgraded to a full Massachusetts driver's license, without restrictions. Failure to follow these rules, however, can result in a fine or suspension of a junior license.

It is encouraging to see that Massachusetts employs the Graduated License Law in an effort to combat teen driving injuries and fatalities and to make Massachusetts roads safer for all motorists. Still, parents should always encourage their teens to practice safe driving, avoid speeding, distractions such as texting while driving, and to limit driving with other adolescents while they are honing their skills behind the wheel. A Massachusetts Drivers Manuel can be obtained here, to learn more about traffic laws and driving guidelines in the state.

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Tires flying from the bed of a truck on I-93 were to blame for a fatal car accident in Medford, Massachusetts, which claimed the life of a 27-year-old man from Lynn. The motor vehicle accident occurred just before 3 p.m. on September 19, near Exit 30 in Somerville. The 400-pound tire fell off the bed of the truck, bounced over the barrier, and collided with the victim's vehicle in the northbound lane.

Medford firefighters rushed to the scene, but were not able to save the man's life. According to The Boston Globe, car was wedged between the north and southbound lanes of traffic on Interstate 93 when the Jaws of Life were used to remove the victim from the vehicle. He was then rushed to Massachusetts General Hospital and later pronounced dead. Massachusetts State Police are currently investigating the accident to determine if criminal charges are warranted. The truck accident which resulted from carrying the unsecured cargo is registered to Ryder Truck in Braintree, Massachusetts and was leased by Sullivan Tire, a Massachusetts company.

According to Massachusetts motor vehicle accident lawyer Peter Bellotti of the Bellotti Law Group, "Under Massachusetts law, all commercial drivers are required to ensure that their cargo is safely restrained." Additionally, since interstate travel is often involved, there exist a number of federal regulations regarding cargo carried by trucks, including weight limits. Federal regulations, like Massachusetts state law, also require truck companies to properly secure their cargo before hitting the road. Failure to follow these guidelines can result in liability for damages, injuries, and/or death, for both the truck driver, and vicariously, for the parent truck company. Thus, in this case, if investigators find that either the driver or his company was negligent in securing the load, liability for the accident may be imposed.

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A Wareham, Massachusetts bus driver has been fired after negligently leaving a Hammond Elementary kindergarten student on his bus for three hours. The child fell asleep on the bus and did not awaken until the bus was parked at the driver's home. Although the young child was unharmed, the driver was fired by the Wareham School Department for failure to follow safety protocols. Earlier this month, a Roxbury, Massachusetts infant was found alive after in a parked car after his mother left him alone.

Following the incident, a Boston woman was charged with criminal neglect of a child. Boston Police were contacted after a resident noticed the infant in the locked car near 2200 Washington Street in Roxbury. According to The Boston Globe, the officer found the infant "crying loudly and sweating heavily" inside the vehicle. The child was transported to the Boston Medical Center for treatment and was released. Tragically, a 17-month-old Dorchester child, Gabriel, was not so fortunate, when he was found lifeless in a Gloria Luna's Home Daycare van earlier this month.

According to the New England Cable Network, the daycare van driver was supposed to take Gabriel to another daycare, but apparently forgot the child was in the van. The young boy's grieving mother is now fighting for a new law, called "Gabriel's Law," which aims to prevent another child from being left unattended inside a vehicle. The proposed law calls for changes to child transportation regulations in the state. Part of the proposal is to prohibit dark tinting on transportation vans, so other people can see children left inside vehicles more easily.

According to Greater Boston personal injury attorney Peter Bellotti of the Bellotti Law Group, "There currently isn't enough legislation regarding child care and transportation protocols in Massachusetts. With more rigorous and detailed safety measures in place, we can hopefully avoid tragedies like this in the future."

Governor Deval Patrick has now created a special panel, charged with recommending improvements to current safety procedures in Massachusetts governing children transported to child care in vans and buses. So far, the panel has considered adding a signed route roster to all transportation to and from child care centers to track attendance. According to The Boston Globe, a more stringent accounting system is used to keep track of all children by the Executing Office of Health and Human Services in the state. As always, costs of improvements are being weighed, as the state currently pays around $9 a day per child for transportation, while the Department of Health and Human Services can pay upwards of $56 dollars. In all, new recommendations are set to be made public on October 11.

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