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.

Lawmakers in Boston, Massachusetts, are taking steps to assist personal injury victims and their families by closing a loophole that allows some reckless drivers to walk away from deadly crashes without facing charges. On August 7, 2010, the House joined the Senate in passing the Act in honor of the 19-year-old who was killed in Worcester by a reckless driver. The bill is known as the Robert Martinelli Act. The bill would give police the power to arrest without a warrant -- reckless drivers who kill or seriously injure someone when drugs and alcohol are not involved.

On September 8, 2002, a speeding truck driving on the wrong side of Airport Road in Worcester, Mass. crashed head-on into 19-year-old Robert Martinelli's car, killing him instantly. The truck driver, Eric Holm, 22, of Rutland, MA, had six prior speeding tickets before the fatal crash.

Months went by before Holm was summonsed to court by mail where he was charged with one count of motor vehicle homicide, operating to endanger, failure to stay within marked lanes, passing in a prohibited area and speeding. Holm eventually pleaded guilty to motor vehicle homicide and was sentenced to six months in jail. "

The Robert Martinelli Act, allows police to arrest without a warrant anyone who they have probable cause to think has recklessly driven a vehicle to endanger lives.

Continue reading "Massachusetts Reckless Drivers" »

New Massachusetts legislation on the books should have an impact on cutting down on cell phone related car accidents. According to a press release by the Massachusetts Governors office, on July 6, 2010, Massachusetts became the 29th state to ban texting while driving and to ban all cell phone use for drivers under 18. The ban includes sending a text or instant message, use of electronic mail, accessing the Internet, or using your phone for GPS navigation. The ban applies to phones, laptops, pager or other handheld devices. In addition, these devices cannot be used while stopped at traffic lights or a stop sign. A GPS device is still allowed but a phone used as a GPS device is not.

The law also requires drivers 75 and older to have vision tests and to renew their licenses in person, rather than online.

The law will take effect in 90 days, in October of 2010.

The texting ban covers e-mailing, Internet searching, and other non-calling activity on a phone, laptop, or handheld electronic device by anyone operating a motor vehicle. It also applies to drivers not only while they are driving but also while waiting at traffic lights and stop signs. Texting and talking for those under 18 will still be allowed by a driver in an emergency or when the car is pulled over and parked.

Violations will result in a $100 fine, but the offense will not be considered a moving violation and will not result in an insurance surcharge. The fine for the second offense is $250, and any offense after that is $500. If you are under 18, your license or permit will be suspended for 60 days for the first offense, 180 days for a second and one year for a third, with an additional fine of $500.00 for reinstatement of the junior operator license after completion of a program and an additional driving test.

Continue reading "Massachusetts texting ban becomes law" »

The Commonwealth of Massachusetts requires restaurants to address diner allergies to foods such as nuts, dairy products, and other ingredients that cause adverse reactions.

The allergy legislation, S.2701, requires that restaurants take precautions in order to ensure the safety of their diners with food allergies. Restaurants will need to hang a pre-approved poster providing general information on food allergies as they relate to food preparation. In addition, all menus must include a statement that the customer should inform the wait staff of food allergies. Finally, all standard food service courses will include the viewing of an approved food allergy video.

The Massachusetts Department of Health will be required to develop a program for restaurants to be designated as "Food Allergy Friendly", and maintain a list of restaurants on the agency's website that have received the "Food Allergy Friendly" designation. To receive a "Food Allergy Friendly" designation, restaurants will be required to make a master list of all ingredients used in the preparation of each food item on the menu available for the public. Participation in this part of the program is voluntary.

Trends show a rise in food allergies and associated anaphylaxis. From 1997-2002, peanut allergies in children doubled and today more than 12 million Americans (including 3 million children) have food allergies. Milk, eggs, peanuts, tree nuts (e.g., walnuts, almonds, cashews, pistachios, pecans), wheat, soy, fish, and shellfish account for 90 percent of all food-allergic reactions in the U.S.

In the United States, the reported annual number of emergency room visits due to food-induced anaphylaxis ranges from 50,000 to 125,000, depending on the source. Even a small trace amount of a food allergen can cause a reaction.

Continue reading "Massachusetts Food Allergies Legislation" »

House lawmakers have unanimously approved a bill designed to clamp down on school bullies. The Massachusetts bill would ban bullying, require school districts to come up with bullying prevention plans and expand the definition of bullying to include the growing problem of internet cyber bullying through the use of e-mails or text messages.

The legislation would also require school officials to inform parents of their anti-bullying curriculum and alert both the parents of bullies and their parents of their victims after a bullying incident. On March 18, 2010, lawmakers approved the bill on a 148-0 vote after debating the measure for more than three hours.

The push for anti-bullying legislation has gained momentum following the recent suicides of students in South Hadley and Springfield. The explosion of social networking sites, like Twitter and Facebook, means bullying can continue long after the school day is over, and bullies can entice others to gang up on their victims. The bill also requires principals to report all incidents to police.

Bullying is defined as "the severe or repeated use by one or more students of a written, verbal, or electronic expression, or a physical act or gesture, or any combination thereof, directed at another student that has the effect of: (i) causing physical or emotional harm to the other student or damage to the other student's property; (ii) placing the other student in reasonable fear of harm to himself or of damage to his property; (iii) creating a hostile environment at school for the other student; (iv) infringing on the rights of the other student at school; or (v) materially and substantially disrupting the education process or the orderly operation of a school."

With the new law, Massachusetts became the 42nd state to prohibit electronic bullying.

Continue reading "Massachusetts Approves Ban on Bullying " »