Medical Malpractice

February 27, 2012

Poor Patients are Less Likely to File Medical Malpractice Lawsuits, Reports New Study

According to a recent study, poor people are less likely than people with more money to file a medical malpractice complaint. This finding contradicts the “unconscious bias” possessed by many doctors who wrongly think that low-income patients are more likely to sue.

The researchers of the study say that this type of bias might make a doctor less willing to treat low-income patients, out of fear of not getting paid, or if he/she were to provide medical care then the quality or type of service might be different than what would be rendered to a patient with more money. Per Monterey Orthopaedic and Sports Medicine Institute in California Dr. Ramon Jimenez, who is the author of the study, says that it is important that doctors become aware of this bias.

More on the study can be found in the journal Clinical Orthopaedics and Related Research. Jimenez and his team looked at social and medical studies to determine the difference in medical malpractice claims and litigation rates among patients that are socially disadvantaged compared to those that are not. Jimenez is recommending that physicians become more culturally competent, which should help them better relate to or treat someone belonging to a different ethnicity, race, socio-economic status, sex, or sexual orientation.

February 24, 2012

Did Boston Surgical Error Cause Red Sox Relief Pitcher to Miss Baseball Season?

by Altman & Altman

Bobby Jenks, the Red Sox relief pitcher, claims that a Boston medical mistake during spinal surgery caused him to have to undergo an emergency procedure 18 days later. Now, Jenks may not be able to pitch this season.

Jenks underwent spinal decompression surgery at Massachusetts General Hospital last December. The procedure was supposed to alleviate a back condition. The urgery was performed by Dr. Kirkham Wood, who heads up MGH’s orthopedic spine service.

Jenks says that following the first procedure, he was leaking spinal fluid, suffered severe headaches, experienced severe pain, and developed an infection in his incision wound. 18 days after the surgery, he underwent an emergency procedure while in Arizona. Jenks says that if he didn’t have the second surgery the infection might have spread to his brain. (If, in fact, a medical error caused the complications that Jenks experienced, the Red Sox baseball player may have grounds for a Boston medical malpractice case against the Massachusetts hospital)

January 31, 2012

Massachusetts Nurse Midwives Granted Expanded Medical Authority

by Altman & Altman

Massachusetts Governor Deval Patrick has signed a bill that widens the medical authority to nurse-midwives. Under the new law, midwives will be allowed to order and interpret tests and therapeutics, as well as write prescriptions. It also gets rid of the requirement that a nurse-midwife has to practice with a team that includes a licensed doctor with admitting privileges. Nurses will have to, however, have a clinical relationship with an obstetrician-gynecologist that can give consultations, as well as practice within a health care system.

The state’s Department of Public Health will be responsible for registering the names of nurse-midwives who can issue prescriptions. The public health department will also work with the Board of Registration in Medicine and the Board of Registration in Nursing to authorize the controlled substances for which a nurse-midwife can receive certification.

Boston Midwife Malpractice

January 30, 2012

Massachusetts Dentist Gets Year in Jail for Using Paper Clips in Root Canals

by Altman & Altman

A former Massachusetts dentist was sentenced to one year in jail by Fall River Superior Court, after pleading guilty earlier in January to a host of charges. Fifty-three year old Michael Clair pleaded guilty to assault and battery, illegally prescribing medications, defrauding Medicaid, and illegally prescribing medications. According to prosecutors, Clair sometimes used parts of paper clips-instead of stainless steel posts-when performing root canals in an attempt to save money. Patients of Clair have reported infections, pain, and other problems as a result of this improper dental work.

Clair’s dentistry license was suspended in Massachusetts back in 2006 and he is currently not licensed to practice in any state. Although prosecutors requested a sentence of five to seven years, Clair only received one year.

Dentists and doctors have a duty of care to their patients, and patients should not leave an office in a worse state than which they entered. Unfortunately, however, dental malpractice and medical malpractice can occur more often than imagined, and victims of malpractice may be eligible for compensation. For the protection of you and your family, before making an appointment with a doctor or dentists, or at least before signing a contract or paying money, you should seek a personal recommendation or referral or check the doctor’s reviews online.

January 21, 2012

Aspirin Causes Some People More Harm than Good, Says Study

by Altman & Altman

According to a recent study, baby aspirin may not be good for everyone. While close to a third of middle-aged Americans take this medication on a daily basis to prevent stroke or heart attack or reduce the risk of cancer, for some the risks of aspirin may outweigh any benefits.

You can find out more about these findings in the Archives of Internal Medicine. Researchers analyzed several studies about the use of aspirin in Europe, the US, and Japan that involved over 100,000 participants. Subjects had never suffered a stroke or a heart attack and they had been given either a placebo or actual aspirin to help determine the latter’s benefits.

The New York Times, which published an article about the study, said the researchers reported that although people who took aspirin regularly had a 20% less chance of suffering a nonfatal heart attack and a 10% less chance of having any kind of heart event, the risks for at least some good be greater than the benefits. People who took aspirin had a 30% greater likelihood of experiencing gastrointestinal bleeding. Also, the study did not find cancer prevention to be a resulting side effect of taking aspirin regularly.

Also, while many believe that aspirin protects from stroke and heart attack because it acts like a blood thinner, thinning out the blood can lead to brain bleeding and gastrointestinal bleeding. Some medical professionals have said that the risk of bleeding from taking aspirin may rise as a person grows older. Also, while taking aspirin can reduce pain, fever, and inflammation, this effect may reduce the stomach’s protective layer, potentially upping the risk of ulcer.

It is a good idea to consult with your doctor to determine whether taking aspirin is best for you. That said, if you believe that you suffered health complications or illness from taking an over-the-counter drug, a medication that a doctor prescribed to you, and/or one that a drug manufacturer failed to provide adequate warning about the side effects involved, you may have grounds for a Boston personal injury case on the grounds of Massachusetts medical malpractice or products liability/dangerous drug.

Daily Aspirin Is Not for Everyone, Study Suggests, New York Times, January 16, 2012
Archives of Internal Medicine

Dangers of Taking Aspirin Daily, The Wall Street Journal, February 23, 2010

More Blog Posts:
Adverse Reactions to Diabetes Meds, Antiplatelet Drugs, Blood Thinner, and Insulin Linked to Elderly Seniors Ending Up in the ER, Reports New Study, Boston Injury Lawyer Blog, November 26, 2011
Boston Personal Injury?: Use of Psychotropic Drugs Can Prove Fatal for Some Elderly Patients, Boston Injury Lawyer Blog, March 30, 2011
Man Awarded $48.1M Dangerous Drug Verdict in Products Liability Lawsuit Over Motrin, Boston Injury Lawyer Blog, October 7, 2011

More Blog Posts:
Continue reading

November 26, 2011

Adverse Reactions to Diabetes Meds, Antiplatelet Drugs, Blood Thinner, and Insulin Linked to Elderly Seniors Ending Up in the ER, Reports New Study

by Altman & Altman

According to a recent study, there are four kinds of medications that are most commonly linked to adverse reactions that end up sending about 100,000 elderly persons to the emergency room each year. These medications are the blood thinner warfarin, insulin, oral hypoglycemic agents, and antiplatelet drugs. Meantime, meds considered “high-risk” were only a factor in 1.2% of these hospitalizations. More on the study can be found in the New England Journal of Medicine’s November 24 issue.

Our Boston injury lawyers want to remind you of the important of doctors notifying patients of any risks involved with taking certain medications-especially when taking more than one drug. There also may be a way to treat someone’s condition without medication. Meantime, it is also the responsibility of drug manufacturers to make sure that they warn doctors and consumers of any adverse reactions that can result from taking a medication, while keeping serious side effects to a minimum. Failure to fulfill these duties can be grounds for a Massachusetts dangerous drug lawsuit.

Researchers involved in this recent study identified between 2007 and 2009 over 5,000 involving patients in the 65 and over age group that experienced an adverse reaction to certain medications. 48% of those who were hospitalized belonged to the age 80 and over age group. Accidental overdose was a factor in 66% of these incidents.

Of the four types of medications most commonly cited, bleeding was the main issue of concern for the blood thinners and antiplatelets. Seizures, confusion, loss of consciousness, and other changes in mental states were side effects associated with the diabetes medications.

The study notes how important it to be aware that when seniors are involved (especially those older than 80), there appears to be a higher risk of adverse side effects than if the person taking the medication was younger. However, it is important to remember that many of the patients were taking these drugs because they have to in order to maintain their health. The authors of the study noted that 40% of seniors are taking at least medications at a time, while about 18% have to take 10 drugs or more.

Four common meds send thousands of seniors to hospital, USA Today, November 25, 2011
Emergency Hospitalizations for Adverse Drug Events in Older Americans, New England Journal of Medicine, November 24, 2011

More Blog Posts:
Man Awarded $48.1M Dangerous Drug Verdict in Products Liability Lawsuit Over Motrin, Boston Injury Lawyer Blog, October 7, 2011
Boston Personal Injury Lawsuit Blames Prenatal Exposure to DES for Breast Cancer, Boston Injury Lawyer Blog, September 29, 2011
Boston, Massachusetts Accutane Lawsuits Blame Acne Drug for Severe Intestinal Problems, Boston Injury Lawyer Blog, August 2, 2011 Continue reading

October 30, 2011

State’s Supreme Judicial Court Rules that Massachusetts Medical Liability Lawsuit Can Include Wrongful Death Claim Despite Deadline’s Passing

by Altman & Altman

In Sisson et al. v Lhowe et al., the Massachusetts Supreme Judicial Court has ruled that a plaintiff can modifiya medical malpractice lawsuit to seek damages for wrongful death rather than personal injury even though the expiration date to make the claim has already passed. However, this change can only be made if the civil trial has not started, the original lawsuit was filed during the state’s allowed statute of limitations, and the liability allegations for wrongful death are the same as the ones for personal injury.

The Massachusetts medical malpractice case that the court ruled on was filed in 2006 prior to the death of Dawn Sisson from osteosarcoma. The complaint accused one of Dawn’s doctors of providing her with substandard care. Dawn died in 2007. A year later, the Massachusetts wrongful death claims were added to the lawsuit. This was after the 7 under the law allowed to file such a claim had passed.

In its 4-1 ruling, the state’s highest court overturned a lower court’s ruling throwing out the claims. It said that the wrongful death claims could be included because the circumstances surrounding the case were not in alignment with the reasons why the Legislature chose to have a law limiting how much time plaintiffs can seek such damages. The court also noted that the damages sought after and before Dawn’s passing were not very different in their amount or nature.

Massachusetts Medical Malpractice
Medical mistakes can cause serious injury, including death. Sometimes, a person who gets sick or hurt because of medical negligence may not pass away immediately. However, that doesn’t mean that the medical errors did not cause the death. Surviving loved ones should be allowed to obtain Massachusetts wrongful death recovery.

Lawsuit can be amended after deadline to include wrongful death, American Medical News, October 26, 2011
Sisson et al. v Lhowe et al. (PDF)

More Blog Posts:
Boston Wrongful Death Lawsuit Accuses Hospital and Wareham Hospital and Nurse of Massachusetts Medical Malpractice, Boston Injury Lawyer Blog, September 24, 2011
$7M Boston Medical Malpractice Verdict Awarded in Newborn’s Massachusetts Wrongful Death, Boston Injury Lawyer Blog, August 31, 2011
Framingham Woman Dies A Day After Undergoing Breast Augmentation Procedure, Boston Injury Lawyer Blog, August 12, 2011 Continue reading

September 24, 2011

Boston Wrongful Death Lawsuit Accuses Hospital and Wareham Hospital and Nurse of Massachusetts Medical Malpractice

by Altman & Altman

The family of Edward P. Harrigan is suing Tobey Hospital and nurse Susan Spaulding for Wareham, Massachusetts medical malpractice and wrongful death. The civil complaint was filed in U.S. District Court in Boston.

The 87-year-old man was treated at the Wareham hospital in 2008. According to the federal lawsuit, even though his electrocardiogram showed a flat line for over two hours because his heart monitor’s battery had run out, no one at the hospital replaced the battery.

Harrigan’s heart then stopped. However, because his monitor had shut down, an alarm didn’t go off so hospital staff did not know he had gone into cardiac arrest. By the time they went back to him, he no longer had a pulse.

Alarm Fatigue
According to the family’s Boston medical malpractice complaint, alarm fatigue is what caused Harrigan’s death. This term refers to people becoming desensitized to monitor alarms. One reason for this is that so many “false alarms” happen at hospitals it can be hard to take each one that goes off seriously.

Unfortunately, alarm-related deaths are not uncommon. According to the Food and Drug Administration, some 566 alarm-related deaths occurred in this country alone between 2005 and 2008.

In August 2010, alarm fatigue” was a factor in the death of a patient at Umass Memorial Medical Center. This is the second alarm fatigue-related death to occur at that Worcester hospital in four years.

Some are asking whether medical device manufacturers are doing enough to make sure that the alarms they design sound off in a manner that nurses and other medical staff can’t help but pay attention. If not, then could a medical device maker be held liable for Massachusetts products liability if the company knew that alarm fatigue could pose a problem and didn’t design its product to combat it?

At Hospitals, Patient Alarms Often Ignored, ABC News, September 23, 2011
‘Alarm fatigue’ a factor in 2d death, Boston.com, September 21, 2011
Tobey, nurse sued in patient’s death, SouthCoast Today, September 23, 2011

More Blog Posts:
$7M Boston Medical Malpractice Verdict Awarded in Newborn’s Massachusetts Wrongful Death, Boston Injury Lawyer Blog, August 31, 2011
$2.6M Worcester, Massachusetts Medical Malpractice Verdict Awarded to Man Who Ended Up with Surgical Tack Inside His Small Bowel, Boston Injury Lawyer Blog, June 23, 2011
Medication Overdose: Boston Medical Malpractice Lawsuit Claims Massachusetts General Hospital Gave 76-Year-Old Woman the Wrong Blood Thinner, Boston Injury Lawyer Blog, March 10, 2011 Continue reading

August 31, 2011

$7M Boston Medical Malpractice Verdict Awarded in Newborn’s Massachusetts Wrongful Death

by Altman & Altman

A jury has awarded the South Hamilton family of Katherine Bellerose $7 million in Boston wrongful death damages. Bellerose, a newborn twin, passed away 8 days after being born two months premature at Beth Israel Deaconess Medical Center. Her parents, John and Danielle, claimed she died because of inadequate staffing and the negligent medicare care she received while the hospital’s neonatal intensive care unit.

Katherine and her sister Alexis were born on June 13, 2004. She soon developed necrotizing enterocolitis, which is a bowel condition that kills internal tissue.

Her family’s Boston medical malpractice lawyer contends that seeing as babies that are born premature are at greater risk for developing the bowel condition, the staff at the hospital should have been monitoring Katherine more closely for possible signs. Instead, it wasn’t until they went to visit their girls on June 20 and noticed that she was unresponsive and discolored and the monitors showed that there were problems with her oxygen levels and heart that anything was done. Even then, they say it took an hour for anyone to act on their concerns and over four hours before surgeons were contacted. Katherine died the following morning.

The jury awarded each of Katherine’s parents $3.5 million each and $50,000 was allotted for the suffering she went through prior to her death. A nurse and four doctors found not responsible for Katherine’s Massachusetts wrongful death.

Premature Birth Risks
Premature births can come with significant risks, which is why it is so important that preemies are properly monitored after delivery. Complications that can occur when a baby is born too soon:

• Respiratory distress • Developmental disabilities • Cerebral palsy • Increased risk of diabetes • Increased risk of heart disease • Brain bleed • Brain injury
Medical errors that occur before, during, and after delivery can cause serious injury or health complications to any baby, which is why all necessary precautions must be taken to prevent these. When medical mistakes or failure to provide adequate care causes injuries, the baby’s family may be able to pursue Boston medical malpractice compensation.

Jury finds Beth Israel at fault in baby death, Boston Herald, September 1, 2011
Parents awarded $7 million in death of newborn, Boston.com, August 31, 2011
Related Web Resources:
Care for Premature Babies, American Pregnancy.org
Premature Birth Complications, Mayo Clinic

More Blog Posts:
$7M Massachusetts Medical Malpractice Settlement Awarded to Parents Whose Child Was Born with a Genetic Defect, Boston Injury Lawyer Blog, May 6, 2011
Ex-Children’s Hospital Boston Pediatrician Sued for Boston Medical Malpractice and the Sex Abuse of Child Patients, Boston Injury Lawyer Blog, February 17, 2011
Boston Medical Malpractice?: Three Wrong-Site Surgeries Performed at Beth Israel, Boston Injury Lawyer Blog, January 11, 2011 Continue reading

August 12, 2011

Framingham Woman Dies A Day After Undergoing Breast Augmentation Procedure

by Altman & Altman

A Framingham woman who underwent breast augmentation surgery right before her 40th birthday has died. Adriana Paula Da Silva Toledo, who was a single mom, leaves behind three children.

Da Silva Toledo, a south side housekeeper, had the 90-minute operation done at the Destination Beauty MedSpa in Framingham on Saturday. The next afternoon, she became dizzy, fell in her parents’ bathroom, and struck her head. She died later that day. Although autopsy results are still pending, her parents have retained a Boston injury lawyer in the event that Massachusetts cosmetic surgery was a factor.

Da Silva Toledo is a Brazilian native. According to her sister-in-law, the doctor who heads up the medical spa is popular in the Brazilian community. The spa’s website warns that patients who undergo breast augmentations may feel tired on day one and should stay home.

If the breast augmentation procedure was a factor in Da Silva Toledo’s death, her family may have grounds for a Framingham cosmetic surgery malpractice lawsuit.

Massachusetts Plastic Surgery Malpractice
Like any other type of operation, plastic surgery comes with certain risks. It is the responsibility of the plastic surgeon and the other medical professionals involved with the procedure to make sure that no errors occur that could cause serious injury, disfigurement or death. In addition to the usual risks of anesthesia complications, adverse reaction to medications, wrong-site procedures, blood clots, or infection that come with an operation, plastic surgery complications can include (depending on the procedure and where on the body it is performed):

• Disfigurement • Over-correction • Under-correction • Nerve damage • Asymmetry • Scarring • Wrong size implants • Breast implant deflation, leakage, or rupture • Encapsulation • Loss of breast skin cover • Change in nipple sensation • Rippling • Loss of nipple cover • Dry eyes • Too much skin removal • Lidocaine overdose • Burning
• Blistering • Pulmonary embolism
Death after surgery draws concern, Boston.com, August 12, 2011
Plastic surgery doctor expresses sorrow over Framingham patient death, Wicked Local, August 12, 2011

Related Web Resources:
10 Plastic Surgery Mistakes No One Talks About, Total Beauty
Living With Plastic Surgery Mistakes, ABC News, July 29, 2009

More Blog Posts:
Family’s Boston, Massachusetts Wrongful Death Suit Alleges Cosmetic Surgery Malpractice, Boston Injury Lawyer Blog, March 5, 2010
Coronor Says Rapper Kanye West’s Mother May Have Died From Cosmetic Surgery or Anesthesia, Boston Injury Lawyer Blog, November 17, 2007
Mother’s Massachusetts Medical Malpractice Lawsuit Accuses Springfield Hospital of Sterilizing Her Without Consent, Boston Injury Lawyer Blog, January 4, 2010 Continue reading