Articles Posted in Medical Malpractice

In an investigation that is making national headlines, health investigators say that approximately 7,000 patients that visited an Oklahoma dentist may have been exposed to hepatitis and HIV. The dentist, W. Scott Harrington, has surrendered his dental license and permits to administer medication and anesthesia.

Harrington, a 64-year-old oral surgeon, came under investigation after the dentistry board alerted the health department to a possible hepatitis C infection involving his office. At his clinic, investigators said they discovered:

• Assistants were authorized to perform techniques, including the intravenous sedation of patients, that should only be done by trained dentists • Improper sterilization procedures • Lack of inventory logs for the drug cabinet • At least one drug that expired in 1993 was found • Records indicating that patients were given morphine through 2012 even though Harrington hadn’t received a morphine delivery since 2009 • Dental assistants without permits • An unsanitary work environment • Rusted dental tools • Failure to test the autoclave, which is used to sterilize supplies and equipment, in at least six years

Surgical procedures often come with risks, including possible complications and infections. This is just one of the reasons why you want your surgeon to do the procedure right the first time. Unfortunately, that isn’t always what happens and serious Boston injury and wrongful death can result.

If you or someone you love got hurt or developed serious health complications because of surgical negligence, you may have grounds for a Boston surgical malpractice lawsuit.

Common examples of mistakes that can happen during surgery:

• Anesthesia errors • Performing the right operation on the wrong body part • Performing the wrong surgery on a patient • Accidentally leaving medical instruments or other tools in a patient’s body • Unsanitary conditions/equipment • Removing the wrong body part (For example, amputating the wrong leg or removing the breast that doesn’t have cancerous cells)
• Performing an unnecessary hysterectomy on a patient • Birthing negligence • C-section negligence • Accidentally perforating an organ during surgery
Unfortunately, tens of thousands of surgical errors happen in the United States every year. Common causes of this type of Boston medical malpractice may include:

• Exhaustion • Inexperience • Failure to follow proper procedures • Inadequate safety procedures and medical protocols • Poor supervision • Distractions • Rushing • Poor communication among the medical team
Sometimes, a Massachusetts medical mistake happens for no reason at all. Always, it is the patient that ends up suffering, possibly sustaining organ damage, scarring, a traumatic brain injury, a spinal cord injury, permanent disability, paralysis, or even death.

Even if the surgeon, anesthesiologist, attending, or intern made an honest mistake, you still could have grounds for filing a Boston personal injury or wrongful death case. You have three years from the cause of action to file your Massachusetts medical malpractice action. This type of cause of action accrues when the plaintiff discovers or should have reasonably found out about the offense that caused the injury. This state follows the doctrine of modified comparative negligence for surgical malpractice cases.

Related Web Resources:
Thousands of Mistakes Made in Surgery Every Year, WebMD, December 26, 2012

Boston Area Hospitals

More Blog Posts:
Downton Abbey Preeclampsia Death a Grim Reminder that Boston Birthing Malpractice Can Prove Fatal, Boston Injury Lawyers Blog, January 28, 2013

Poor Patients are Less Likely to File Medical Malpractice Lawsuits, Reports New Study, Boston Injury Lawyer Blog, February 27, 2012
$63M Motrin Injury Verdict Awarded to Family of Girl Who Developed Toxic Epidermal Necrolysis After Taking Children’s Motrin, Drug Injury Lawyers Blog, February 12, 2013 Continue reading

If you haven’t already watched Sunday’s episode of Downton Abbey, then you may want to hold off on reading this blog post. For many fans, it was devastating to watch the family’s youngest daughter, Lady Sybil, die from preeclampsia during childbirth.

One of the controversies surrounding her unexpected passing is that despite the fact that her family doctor detected the symptoms for the condition, her other physician, who was brought in to deliver the baby, squelched that diagnosis and made the wrong diagnosis that she was fine.

Unfortunately, preeclampsia continues to be a serious threat even today and can be caused by Boston birthing malpractice. Consisting of high blood pressure and proteinuria, symptoms of the preeclampsia can include hypertension, proteinuria, headaches, vision problems, stomach pain, dizziness, vomiting, abrupt increase in weight, and edema. If not treated, preeclampsia can prove fatal for the mother and/or baby.

In Suffolk Superior Court, Brain Benoit, a 40-year-old Boston paramedic, received 73 indictments for allegedly stealing scores of sedatives and painkillers, including fentanyl and morphine, and tampering with over 100 vials of medication. Prosecutors say that he replaced the drugs he stole with other substances, such as vitamin B and saline, to avoid getting caught.

Last month, health officials estimated that about 64 people may have been exposed to infections due to Benoit’s alleged tampering and that seven of them had passed away for unrelated reasons, such as other injuries or a medical emergency. Now, however, prosecutors are saying that the number of patients that likely received the diluted drugs, is closer to 10. (Some of the drugs that were allegedly tampered with had broken seals or puncture holes.)

A contaminated medication can cause serious health issues, as we have recently witnessed with the fungal meningitis outbreak that is linked to tainted steroid shots originating from a compound pharmaceutical company in Framingham. Already, a number of Massachusetts drug injury lawsuits have been filed against the New England Compounding Center.

Having a child should be one of the most joyful times of your life. Unfortunately, due to medical mistakes that can occur during pregnancy, delivery, or afterwards, this isn’t always the case. In Massachusetts, our Boston medical malpractice lawyers represent families whose children have sustained serious birthing injuries because of negligence by a gynecologist, obstetrician, or some other medical professional.

Common causes of birthing injuries:
• Forceps misuse • Vacuum extraction misuse
• Failure to properly monitor the vitals of both the baby and mother • Inadequate prenatal care
• Not responding to fetal distress quickly enough • Delay performing a needed C-section • Improper administration of Pitocin • Poor post-delivery care • Circumcision mistakes

Common birthing injuries:
• Forceps bruising • Caput succedaneum, often caused by vacuum extraction • Cephalohematoma • Facial paralysis, which can be caused by improper forceps use • Brachial Palsy • Cerebral Palsy • Fractured bones • Brain damage
It is devastating to a parent anytime a child is hurt, but for a son or daughter to suffer permanent injuries while being brought in the world is catastrophic. It is also an error that can leave a family not just with lifelong medical expenses but with permanent damage in that their child will never have the life they had dreamed for them and their family life will be irrevocably altered because of someone’s else’s careless mistakes.

In addition to injuries to the infant, mothers too are at risk of serious injuries, including a ruptured uterus, organ injuries, lacerations to the rectum, which can cause other serious health complications, C-section related injuries, anesthesia mistakes, and death.

Birth Injury

Birth Injuries and Cerebral Palsy, Nolo

More Blog Posts:
$5.8M Massachusetts Heart Attack Malpractice Verdict Awarded to Family of Deceased Harvard Man, Boston Injury Lawyer Blog, July 17, 2012

Massachusetts Hospitals Seek Medical Malpractice “Road to Reform”, Boston Injury Lawyer Blog, April 18, 2012

Poor Patients are Less Likely to File Medical Malpractice Lawsuits, Reports New Study, Boston Injury Lawyer Blog, February 27, 2012 Continue reading

Jurors have awarded $5.5 million in damages to a California woman and her husband due to injuries the woman sustained from a vaginal implant. It is the first case over such devices to go to trial. However, hundreds of lawsuits have been filed against various companies alleging that the implants caused organ damage.

In this case, the jury determined July 20 that Christine Scott and her husband deserved the damage award as a result of the injuries caused by an implant made by New Jersey-based Bard, Boston Scientific Corp., according to Elaine Houghton, one of the couple’s attorneys. C.R. Bard Inc.’s officials were found by the jury to be negligent in the handling of the devices, which are “used to treat pelvic organs that bulge, or prolapse, or to deal with incontinence.” According to Houghton, the jury was initially asked to consider awarding up to $11 million in damages.

Regarding the panel’s decision, Houghton said: “They seemed to focus on evidence we produced showing that Bard didn’t properly test the product before putting it on the market.” A copy of the verdict sheet revealed that the jury awarded the couple $5.5 million-60 percent of which Bard was found responsible for. The other 40 percent of the liability was attributed to Dr. Tillakarasi Kannappan, who surgically implanted the device in 2008. However, he will not be held responsible for the actual payment of this share of the settlement, which amounts to roughly $1.9 million. Attorneys representing the doctor did not return a call seeking comment.
Continue reading

Seven years after Robby Lee Ward’s death from a heart attack, a Middlesex County Superior Court jury has awarded a $3.4 million Cambridge, MA medical malpractice award to his Harvard family. Ordered to pay the verdict in this case is Dr. Peter J. DeMartino of Acton Medical Associates. (A second defendant doctor who is also from this medical group was found to not have provided negligent medical care to the victim.)

Ward, an insurance salesman, passed away four months after emergency medical workers rushed him to Mount Auburn Hospital because he was experiencing chest pains. While at the hospital, staff there diagnosed that Ward wasn’t having an active heart attack but that he still could be experiencing some type of coronary problem.

After Ward’s release, his primary care physician told him to stop taking aspirin, which becomes a blood thinner for patients at risk of suffering from a heart attack. However, according to the Cambridge wrongful death complaint, the doctor never pressed Ward to go see a cardiologist. After Ward’s death, autopsy findings showed that he had been suffering from heart damage and coronary heart disease.

The plaintiffs, including Ward’s widow and two adult children, accused DeMartino of providing him with negligent medical treatment and care.

Heart Attacks
Each year, tends of thousands of Americans end up dying from some type of coronary-related trauma. For those that are lucky enough to survive a heart attack, they are often left with serious permanent heart damage. This is why it is so important that the symptoms of a heart attack or any other heart problems are diagnosed correctly and immediately.

Misdiagnosis, no diagnosis, and delayed diagnosis are common reasons why heart attack victims are left with serious damage or end up dying. Early prevention and detection can save lives. Unfortunately, doctors have been known to miss the warning signs of a heart attack, stroke, or some other type of cardiovascular disease.

Mass. doctor could pay $5.8M in heart attack malpractice suit, Boston Business Journal, June 28, 2012
Heart attack symptoms: Know what’s a medical emergency, Mayo Clinic

More Blog Posts:
Massachusetts Hospitals Seek Medical Malpractice “Road to Reform,” Boston Injury Lawyer, April 18, 2012

Massachusetts medical board is not up to par, hiding medical misconduct, Boston Injury Lawyer, March 18, 2012

Did Boston Surgical Error Cause Red Sox Relief Pitcher to Miss Baseball Season?, Boston Injury Lawyer, February 24, 2012 Continue reading

According to reports, Massachusetts hospitals are starting an initiative that they hope will cut down on the number of medical malpractice lawsuits by heightening disclosure of medical mistakes and fostering greater doctor-patient trust. This “Road to Reform” initiative appears centered around a sequence of “Disclosure-Apology-Offer.” By more promptly disclosing medical errors, apologizing to the families when needed, and offering to pay for the mistake ASAP-a process that hospitals and the Mass Medical Society hopes will cut down on secrecy, cut back on extensive litigation and thereby lower health care costs. This plan tends to be tested by seven hospitals in Massachusetts, including Beth Israel and Mass General.

One part of the plan to repair disintegrated trust in the health care system is to have hospitals urge patients to hire a lawyer to determine whether the offer is fair-and then can decide whether to sue the hospital for better compensation. While very idealistic, more concrete details of how exactly the system will integrate the test changes remain to be seen. Contact an attorney if you have any questions about medical malpractice lawsuits or are seeking to file one yourself.

Hospitals promise openness, apologies, Boston.com, April 18, 2012

Today, many patients seek information about a potential medical health professional via a Google search, which often reveals a hospital or doctors’ office profile and, occasionally, records of malpractice. In Massachusetts, this is not necessarily the case. An investigation by Northeastern University revealed that the state-often considered a leader in medical education and care-has fallen behind many other states in its accessibility to information about doctor misconduct and medical malpractice.

As Boston.com states,

For example, there have been 35 criminal convictions of Massachusetts doctors since 2002. In most states, such convictions are posted permanently online; in Massachusetts, not one is listed in the state medical board database.