Boston Injury Attorney Blog

Earlier this week, the Massachusetts Supreme Judicial Court ruled that teenagers in Massachusetts who host underage drinking parties, but don't supply alcohol, cannot be held liable in a subsequent civil lawsuit for injuries sustained by a person at the gathering.

According to Justice Fernande Duffly, "We [were] asked to enlarge the scope of social host liability under our common law by extending a duty of care to an underage host who does not supply alcohol to underage guests, but provides a location where they are permitted to consume it...We decline[d] to do so, and reaffirm[ed] that liability attaches only where a social host either serves alcohol or exercises effective control over the supply of alcohol."

This ruling stems from a suit filed by the estate of Rachel Juliano, a Massachusetts teenager who was tragically left with permanent brain injuries after a car accident. It was later determined that the driver of the vehicle, her boyfriend, was operating under the influence (OUI), after leaving a party at the home of another Massachusetts teenager, where he consumed alcohol.

The Juliano family sought to hold the then 19-year-old party host liable for the brain injuries sustained by her daughter. The family relied on the Massachusetts social host law, which criminalizes a host providing alcohol to underage drinkers. In this case, though, the host of the party did not provide the alcohol to the injured party's boyfriend, who himself bought the alcohol and brought it to the party. As such, since the host of the party did not supply the alcohol to underage drinkers, she was not held liable for the traumatic brain injuries under the social host law.

The SJC rationalized that expanding the current social host law would create confusing laws for judges and juries to apply. Further, there is no consensus amongst states on the national stage regarding this issue. Justice Duffy wrote that "The plaintiffs make a compelling argument that underage drinking and driving is a persistent and widespread societal problem. The Legislature's decision to deter and punish those who facilitate such conduct by the imposition of jail sentences and financial penalties, along with the stigma of a permanent criminal record, lends support to that argument...However, the public policy concerns raised in past social host cases remain relevant to our determination of the appropriate scope of common-law tort liability. We have not been given sufficient reason to significantly amend our tort law in the face of sound reasons for maintaining its current status.''

According to Boston criminal defense attorney Peter Bellotti, the ruling has far-reaching effects on the potential liability Massachusetts parents and other social hosts may face following alcohol-related injuries sustained and caused by underage partygoers. Attorney Bellotti stated that "essentially, the SJC is absolving Massachusetts residents of liability who host underage drinking events where they themselves do not supply the alcohol. Every parent of teenagers in Massachusetts, along with the general population, should be aware of this ruling." Boston personal injury attorney Karen Piso Nadeau added that "According to this ruling, if underage guests drive drunk and cause injuries and/or deaths, the supplier of the alcohol remains liable, potentially absolving social hosts of liability. This will have a large impact on parents and caretakers of underage residents in Massachusetts." It remains to be seen whether an increase in OUI related injuries and accidents will result as a product of future "bring your own booze" parties.

In Massachusetts, operating under the influence (OUI) is a serious crime. A driver is considered to be under the influence of alcohol if he has at least a .08 blood alcohol content (BAC). The penalties for OUI increase if the impaired driver subsequently causes injuries and/or death to another person.

OUI charges require skilled and experienced Boston criminal defense lawyers. At Bellotti Law Group, our criminal defense attorneys have successfully handled numerous OUI and drunk driving cases.

Bellotti Law Group serves Boston, Cambridge, Braintree, Quincy, the South Shore and all of Massachusetts. Our offices are located in Boston, Cambridge, and Quincy. Contact us today at 617-225-2100 or toll-free at 800-334-3476.You can also contact us through our online form and we will promptly respond.

In a recent survey published in the journal Health Affairs, Massachusetts researchers found that one-in-ten doctors have knowingly lied to a patient in the past year. The study also revealed that half of the doctors admittedly "described a patient's prognosis in a more positive manner than warranted." What is perhaps the most alarming statistic from the study, though, is that one- in-five doctors didn't disclose a medical mistake out of fear of being sued for medical malpractice. This sentiment reflects much of the motivation behind Governor Deval Patrick's push for reform of medical malpractice laws, which would allow doctors to admit mistakes without fear of it becoming evidence in a later medical malpractice suit (see previous blog here).

Massachusetts is home to some of the world's most skilled and experienced medical professionals and well-equipped facilities, but even top doctors commit medical errors. The fact that 20% of doctors admitted to not disclosing a medical error, leaving the patient at risk for an even greater injury, amounts to an even higher degree of medical malpractice.

The researchers discovered that male doctors are more likely to lie to patients versus their female counterparts. Further, doctors who graduated from foreign medical schools, outside the US and Canada, were more apt to lie to patients or attempt to cover up a medical mistake. The were also variations amongst medical specialties, as general surgeons and pediatricians were least likely to conceal or lie about medical errors to patients, while cardiologists and psychiatrists were more likely to cover-up medical errors.

Often, legal redress is available to patients who receive substandard medical care. The Boston, Cambridge, and Quincy medical malpractice attorneys at Bellotti Law Group have successfully handled many cases involving medical malpractice. Call our Boston medical malpractice lawyers at 617-225-2100 for a free consultation.

In Massachusetts, medical malpractice occurs when doctors or medical professionals fail to perform competently when treating patients. This can take the form of a surgical/medical error, misdiagnosis, missed diagnosis and failure to timely diagnose a treatable disease, pursuing a medical care plan that differs drastically from that established by other medical professionals, and other forms of substandard care. This substandard treatment or lack of treatment results in a personal injury or other substantial loss, such as employment wages or life enjoyment.

A medical malpractice suit may be appropriate if medical professionals and doctors in Massachusetts fail to exhibit the amount of care and skill that another physician or surgeon in the same field under similar circumstances would provide, or if certain established medical standards/customs in Massachusetts are disregarded.

The effects of medical malpractice can be devastating for victims and their families--physically, emotionally, and financially. Our medical malpractice attorneys will get your medical bills paid and your life in order. Bellotti Law Group serves Greater Boston, Cambridge, Quincy, Braintree, Brookline, Newton, the South Shore, and all of Massachusetts. Our offices are located in Cambridge and Quincy. Contact us today at 617-225-2100 or toll-free at 800-334-3476.

With winter weather forecasted for this weekend in Massachusetts, the Boston car accident attorneys at Bellotti Law Group pass along these safety tips from the Massachusetts State Police:

Watch the Local Forecast: If you must be on the roads during inclement weather, be sure to watch or listen to the latest forecast. Motorists can dial 5-1-1 on their cell phones for current traffic and road conditions on highways in Massachusetts.

Prepare Your Vehicle for the Storm: Your vehicle should be properly equipped for winter weather. First, be sure that the fluid levels, particularly washer fluid and anti-freeze, are at adequate levels. Second, inspect tires to ensure that they are properly inflated and have sufficient tread depth. You should also carry a shovel, scraper, jumper cables, a warm blanket, water, and a flashlight.

Drive at a Slower Speed: During winter storms, drivers should expect delays. Most car accidents during snow and ice storms are caused by spinouts and sliding because drivers are traveling too fast for the conditions. Posted speed limits are for when roads are dry and the weather is clear. During winter storms, it is imperative to slow down and drive cautiously.

Leave Plenty of Space Between Cars: During dry conditions, motorists should leave at least one car length for every ten mph between them and the vehicle in front of them. During adverse winter weather, that distance should be increased greatly to account for increased stopping distances.

Drive in the Right Lane: During winter weather, motorists should avoid driving in the left lane. During winter storms, water often pools in areas next to guardrails and jersey barriers. Driving into these puddles can cause a vehicle to hydroplane out of control.

Be Aware of Black Ice: Black ice can easily form on roads before, during, or after winter storms. Drivers should proceed slowly and cautiously to avoid hitting a patch of black ice and losing control of the vehicle.

Always Wear a Seatbelt: Drivers and passengers should always wear a safety restraint. This is even more imperative during inclement weather.

Dial 911 in Case of Emergency: If motorists face an emergency situation, they should pull over, if possible, and dial 9-1-1. Motorists should always be aware of their location, noting the closest exit number if possible.

Contact the experienced Boston, Cambridge, and Quincy car accident attorneys at Bellotti Law Group if you have been in a car accident. Our experienced Massachusetts car accident attorneys at Bellotti Law Group should be consulted before speaking with an insurance company or accepting any settlement. Our Boston car accident lawyers meticulously check your medical records and lost wages to prepare the best case possible.

Contact the Boston car accident attorneys at Bellotti Law Group today at 800-334-3476 or 617-225-2100. We have offices in Boston, Cambridge, and Quincy and serve all of Massachusetts. You can also use our contact form.

Last week, an elderly Westford, Massachusetts driver struck a Concord, Massachusetts mother, her 5-year-old son, and 20-month old infant, while they were walking on Commonwealth Ave. in Concord. Fortunately, the mother and young child escaped serious injuries following the accident, after being treated at Emerson Hospital. Sadly, the toddler was taken by MedFlight to Children's Hospital Boston after sustaining life-threatening injuries. A Concord resident reported the accident to police. Sergeant Jack Kennedy told the Boston Globe that pedestrian accidents in Concord are somewhat unpredictable, stating that "We do have them on occasion...We've gone years without them, and then had years where we've had more than one. It's hard to say." Nevertheless, the Boston, Cambridge, and Quincy car accident lawyers at Bellotti Law Group know it is important for motorists and pedestrians alike to remain vigilant in practicing safe travel, to avoid car accidents and personal injuries.

The car accident that lead to these pedestrian injuries occurred when the elderly driver attempted to turn off of Commonwealth Ave. and onto Winthrop St. in Concord. The driver was also injured as a result of the car accident, after crashing into a garage. Concord Police are currently investigating the accident.

The intersection where the pedestrian accident occurred was near the heavily traveled Route 2 rotary, the site of many car accidents in recent history. Unfortunately, there is no crosswalk in the area. According to Boston car accident attorney Peter Bellotti, "it is always prudent for pedestrians to cross the street in a crosswalk, where motorists are more aware of their presence. When there is not a crosswalk available, there is obviously a greater risk for pedestrian accidents. Nonetheless, drivers should always practice defensive driving and be on the lookout for walkers, runners, and bicyclists throughout populated areas in Massachusetts."

This unfortunate car accident and the resulting pedestrian injuries came just before researchers at the University of Massachusetts Amherst proposed the idea that in addition to cognitive or physical decline, like slower reaction times and poor eyesight, the bad habits elderly drivers have acquired over the years may lead to an increased risk of car accidents and pedestrian accidents when they are behind the wheel. The study, published in the journal Current Directions in Psychological Science, notes that these bad habits can be reversed and remedied. As the article states, "A large percentage of not attending [to the hazards at intersections] is due to some strategy or mindset they've gotten into, rather than some problem with the brain." In all, the study concluded older drivers, who are often overly fearful of hitting something up the road, develop a bad habit of being excessively cautious while driving straight ahead, but not scanning the road at intersections, where collisions usually involve a car or pedestrian coming from the side.

If you have been injured in a car accident or pedestrian accident, contact the experienced Boston, Cambridge, and Quincy car accident attorneys at Bellotti Law Group. The clock on the statute of limitations is ticking and your filing of a claim must be timely. Talk to an experienced Massachusetts car accident attorney at Bellotti Law Group before speaking with an insurance company or accepting any settlement. Our Boston car accident lawyers thoroughly analyze your medical records and missed employment to better understand the value of your case, either for settlement negotiations or litigation in court.

Contact the Massachusetts traffic accident attorneys at Bellotti Law Group today at 800-334-3476 or 617-225-2100. We have offices in Boston, Cambridge, and Quincy and serve all of Massachusetts and New England. You can also use our contact form. We will respond promptly.

Late last month, Massachusetts Governor Deval Patrick urged lawmakers to pass a sweeping overhaul of the healthcare cost system in the state, following up a similar call to action last year. A large part of his reform effort focuses on restructuring medical malpractice laws in the state. As part of his state of the state address last month, Patrick called for an end to the "fee-for-service" model currently used, which rewards medical providers for the amount of care provided, rather than the quality of care. Governor Patrick also stressed that lawmakers need to amend medical malpractice laws in Massachusetts, making it more difficult to bring suit for medical malpractice and to ultimately prevail. Despite lobbying for a similar overhaul last year, there was no remarkable change to medical malpractice law or healthcare cost systems in Massachusetts. The Governor hopes his latest efforts will bring about more legislative action.

According to Senate President Therese Murray, however, Governor Patrick's renewed proposals again face many roadblocks. Murray told the State House News Service, "It's a very difficult piece of legislation because we don't want to harm our health care institutions. They're the number one driver of our economy." Similarly, House Speaker Robert DeLeo would not commit to getting a bill done in the next three months, stressing that a reform to medical malpractice laws and healthcare cost systems are large-scale changes that can greatly affect the healthcare system, and economy, as a whole. The disagreement between legislators surrounding health laws in the state is not novel, as these issues have escaped consensus on Beacon Hill for many years.

Pursuant to Governor Patrick's medical malpractice legislation, he is calling for laws aimed at decreasing the use of "defensive medicine" and reducing expensive lawsuits by encouraging reconciliation between doctors and patients, before legal action is taken. Because of the high-risk of a lawsuit, doctors who commit medical malpractice are often hesitant to admit fault and address errors. Governor Patrick's proposed legislation hopes to change this sentiment, allowing Massachusetts doctors to say "I'm sorry" without risking their apology being admitted as evidence against them in a med malpractice lawsuit. Additionally, in an effort to curtail frivolous suits, the bill also calls for a 180-day "cooling off period" before a medical malpractice suit can be brought. All of these laws would make medical malpractice suits more difficult to bring and ultimately win. They would, however, allow doctors to practice without the constant fear of a lawsuit and admit mistakes without automatic penalty.

Many of the world's best medical professionals, facilities, and care providers are located in Greater Boston. Yet, even the most skilled medical providers and doctors commit medical errors. Many times, legal redress is available to patients who receive substandard care. The Boston, Cambridge, and Quincy medical malpractice attorneys at Bellotti Law Group have successfully handled many cases involving medical malpractice. Call our medical malpractice lawyers at 617-225-2100 for a free consultation.

While these proposals reflect the modern interest of reforming healthcare legislation and practice, 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. Medical malpractice stems from the failure of a medical doctor or medical professional to perform competently when treating a patient. This substandard treatment results in a personal injury or substantial loss, such as income or life enjoyment, to the victim. If a doctor in Massachusetts does not practice the amount of care and skill that another physician or surgeon in the same field under similar circumstances would provide, or if they fail to follow certain medical standards in Massachusetts, a medical malpractice suit may be in order.

The effects of medical malpractice can be devastating for victims and their families--physically, emotionally, and financially. We will work with you to help get your medical bills paid and your life back on track. Bellotti Law Group serves Greater Boston, Cambridge, Quincy, Braintree, Brookline, Newton, the South Shore, and all of Massachusetts. Our offices are located in Cambridge and Quincy. Contact us today at 617-225-2100 or toll-free at 800-334-3476.