Boston Injury Attorney Blog

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.

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."

Continue reading "Medical Malpractice for Failure to Respond to Medical Alarms at Massachusetts Hospital" »

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" »

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 " »

The estate of a 32-year-old Massachusetts woman has recently reached a $2 million settlement with defendant medical professionals for a delayed diagnosis of a pulmonary embolism, which resulted in her death in 2004.

According to Massachusetts Lawyers Weekly, in March 2004, the decedent sought emergency medical care after experiencing shortness of breath and calf pain. The defendant Emergency Room physician evaluated the patient and ordered an ultrasound of her legs, chest x-ray, lung scan, and D-dimer (a test used to find blood clots). The ultrasound revealed no blood clotting and the X-ray uncovered no apparent abnormalities. The D-dimer, however, did return abnormal results and the lung scan suggested a low-probability of embolism. The plaintiff's lawyer hired an expert witness who was to testify that the results of the D-dimer and lung scan should have prompted the ER physician to order an additional chest CT scan or angiogram, which likely would have revealed the embolism. Instead, he discharged the decedent with a misdiagnosis of "lower extremity edema" and directed her to see her primary care doctor.

Later that month, the decedent visited her primary care doctor. The nurse recorded that the decedent had twice collapsed and lost consciousness, felt numb, was pale, and had an accelerated heartbeat. She later advised her supervising physician that the EKG came back abnormal. The patient was never advised to seek emergency care. At the end of the month, the decedent again fell ill and was rushed to the ER, where the receiving doctor ordered an emergency CT scan for a suspicion of a pulmonary embolism. The patient passed away 90 minutes after being admitted. A subsequent autopsy confirmed the pulmonary embolism.

The plaintiff claimed that the delayed diagnosis of the embolism constituted medical malpractice and was ultimately to blame for the death. Further, it was alleged that the decedent's primary care physician and the nurse practitioner violated the medical standard of care by not sending the patient to the emergency room. The plaintiff settled these claims for a total of $2 million.

Continue reading "Misdiagnosis Cited in Death of Massachusetts Woman" »

Massachusetts resident Carolyn Riley wasn't a good parent, her former neighbors said, but they doubted that she intentionally overdosed her 4-year-old daughter with psychotropic drugs. According to the state medical examiner, Rebecca died of a combination of Clonidine, a blood pressure medication for ADHD and Depakote, an antiseizure and mood stabilizing drug for bipolar disorder and two over the counter cough suppressants and an antihistamine. Carolyn Riley was charged and convicted of second degree murder in Massachusetts in the death of her daughter, Rebecca. Riley's husband, Michael, will face the same charge when his case goes to trial next month.

The defense argued the girl died of rapid-onset pneumonia and that Carolyn Riley routinely followed the doctors orders in dispensing medications to her children.

During the murder trial, a Boston psychiatrist testified that the girl's mother, Carolyn Riley of Hull, acknowledged occasionally giving her daughter more than the authorized dose of certain medicines, at times even doubling them. Despite these admissions, Dr. Kayoko Kifuji of Tufts Medical Center said she was justified in prescribing potent psychotropic drugs for the girl at age 2 and trusting that the mother would generally administer them appropriately. Rebecca was diagnosed with hyperactivity disorder and prescribed sedating medication, clonidone, based on the mother's accounts of aggressive behavior, sleep problems and a family history of mental illness without consulting other clinicians or pre-school staff.

Kifugi still faces a medical malpractice lawsuit filed by the estate of Rebecca Riley. She also had faced possible criminal charges after Rebecca died, but after a long investigation, a jury refused to indict the doctor.

Continue reading "Medical Massachusetts Malpractice Case Follows Guilty Verdict for Mother" »