Boston Injury Lawyer Blog

June 29, 2015

Doctors That Communicate Well Tend to Reduce Lawsuits

Communication appears to be key in preventing medical malpractice lawsuits. It’s uncertain whether this is because communication helps prevent medical errors, or because it fosters better doctor-patient relationships. Either way, the statistics are hard to ignore.

A Florida study showed that only six percent of obstetricians accounted for over 70 percent of medical malpractice suits during a five year period. Many of these doctors had been sued multiple times. A separate study looked at malpractice lawsuits filed by mothers following their newborns’ injuries or death. The vast majority claimed their doctors would not talk openly with them, tried to mislead them, or hadn’t warned them about neurodevelopmental problems. Continue reading

June 25, 2015

Drowning Accidents: A Reminder to Parents this Summer

by Altman & Altman

A video released last week on Good magazine is sending a chilling reminder to parents of the dangers of child swimming accidents.

According to the CDC, 10 people die each day as the result of a swimming-related accident. Two of those deaths, include children ages 14 and under, the CDC says; drowning accidents are the leading cause of death in children between the ages of 1 and 4. In 2012, there the CPSC reported 364 fatal swimming accidents; the majority occurred in residential swimming pools. In more than 50% of drowning incidences, drowning victims who were not fatally injured required hospitalization and further care for severe brain injuries, long-term disabilities (memory problems, learning disabilities, loss of bodily function, etc.)

Factors Impacting Instance of Drowning

June 22, 2015

Baby Trapped in Car Seat After Multi-Vehicle Crash On I-93

by Altman & Altman

A multi-vehicle accident involving a car, van, tractor-trailer, and pickup truck seriously injured a mother and her one year old boy on I-93 this past Friday. The woman’s gray Honda was crushed in the middle of the chain-reaction collision which occurred shortly before 10 a.m.

The young boy had become trapped in his car seat as a result of the crash. Rescue workers and bystanders worked to dismantle the car seat which had folded around him. Jean Paul LaPierre was one of the first to arrive at the scene. He said they could hear the baby crying from deep within the crushed car. Continue reading

June 19, 2015

What To Do After An Accident

by Altman & Altman

Immediately following a motor vehicle accident, those involved may be seriously injured and in a highly emotional state. This type of scenario doesn’t often translate to clear-headed, effective decision making abilities. However, the decisions you make immediately following an accident can have a significant impact on the outcome. Familiarizing yourself with the below tips will help you to be better prepared in an emergency situation. If you are injured or in any way incapacitated, ask someone else to help you collect necessary information, if possible.

MA Motor Vehicle Crashes – Tips For Protecting Yourself After the Accident Continue reading

June 15, 2015

Most Common Birth Injuries- Do You Have Recourse?

by Altman & Altman

Every expectant parent hopes for a healthy baby. The vast majority of obstetricians, midwives, and other labor and delivery personnel utilize safe methods and are skilled and knowledgeable in their practice. However, there are exceptions. Unfortunately, birth injuries as a result of excessively strenuous labor, improper or forceful delivery methods, and physician negligence occur every day. In fact, according to the Center for Disease Control (CDC) more than two million significant birth injuries are reported every year in the United States alone. The increase in “planned births” through Cesarean sections and labor induction methods is often blamed for difficult deliveries and related birth injuries. Below is a list of the most commonly reported birth injuries.

Brachial plexus injuries (BPI): There is a bundle of nerves that begins at the upper spine and extends through the neck, shoulder, arm, and into the hand. When these nerves are damaged during the birth process the result can be mild and temporary to severe and permanent disability. Neuropraxia, the mildest form of BPI, involves the stretching of the nerve. Neuroma, on the other hand, is a serious injury in which the nerve is torn and fails to heal properly. The most severe BPI injury, avulsion, occurs when the nerve roots are torn from the spine causing complete and permanent paralysis.

Bone fractures: Broken or fractured bones are often the result of a difficult or complicated delivery. If a medical professional uses too much force while delivering a baby, breaks can occur. The most commonly fractured bone is the clavicle (collar bone). These injuries are usually temporary and can heal on their own or by immobilizing the area.

June 11, 2015

Should Your Elderly Relative Hand Over the Keys? – The Balance of Sensitivity v. Sensibility

by Altman & Altman

As the baby boomer generation enters their senior years, the United States is seeing a surge in senior drivers. Many, if not most, of these individuals will continue driving safely well into their 70’s, or even longer. However, statistics show that the risk of accidents increases after age 65, and the risk of fatality increases after age 75. For this reason, there is mounting concern over the influx of older drivers and our nation’s lack of senior-driving regulations.

In Canada, physicians are required by law to report concerns about a patient’s ability to safely drive. Not only does the U.S. not have such a requirement, we barely have any safeguards in place to monitor senior driving. Some states have no specific driving requirements whatsoever for seniors. An 82 year old driver can renew his or her license for the standard four or five year timeframe (by mail) in certain states. In other states, such as California, the license renewal must be done in person after the age of 70, and it must include a written test and eye exam. However, these more stringent rules are the exception rather than the rule. Too often, unsafe senior driving is not discovered until an accident occurs. Continue reading

June 10, 2015

MLB Rethinking Fan Safety after Flying Bat Incident at Fenway Park

by Altman & Altman

Major League Baseball is having a serious discussion about fan safety after a woman was critically injured last week when she was struck with by a piece of broken bat that had flown into the stands during a Red Sox game.

MLB commissioner Rob Manfred told reporters on Monday that the league will be “reevaluating where [they] are on all safety issues,” according to SportingNews.com.

In a statement to the Associated Press, the commissioner added, “You have to react strongly to an incident like this, but I think the best word for it is that we’re going to reevaluate where we are on the topic.”

While Manfred said that safety at ballparks has improved since the league conducted a 2008 study of broken bats, which ultimately led to changes in bat regulations. The AP reported that, “shattered bats are down about 50 percent since 2009.”

The commissioner said the league has spent a great deal of time making safety a priority, but this incident has changed the scope of their focus and they will be making more changes to ensure bats are safer. Manfred said that players may also have a say in what changes are made.

June 8, 2015

More Than 20 Percent of Massachusetts Elevators Lack Inspection

by Altman & Altman

There are approximately 41,000 elevators in Massachusetts and more than 8,500 of them have not had an annual safety inspection. These inspections are required by law to protect people from serious injury and death. And with good reason. According to the U.S. Bureau of Labor Statistics and the CPSC, an average of 27 people are killed and over 10,000 are injured in elevator accidents every year.

Several state officials, including State Auditor Suzanne Bump, think that the 8,500 figure is actually quite low. In a recent audit of elevator inspections, it was revealed that over 14,200 elevators had expired safety certifications. In a statement to the Herald, Bump said,“Our audit found that, in addition to backlogs in inspections, DPS’s record keeping database was inaccurate.” Apparently, in more than half of the elevators her team checked out, the inspection certificates had information that was different from that of the public safety department’s main database. If the 8,500 figure is accurate, it actually shows an improvement. However, Bump doesn’t seem too sure,““While we certainly hope their inspection rate is improving, we don’t know if these recent reports are accurate.” Continue reading

June 2, 2015

Tragic Boat Accident on the Boston Harbor

by Altman & Altman

A surge of boaters took to the Boston Harbor this weekend to relax and celebrate the beautiful weather. Unfortunately, celebrations turned to disaster when 19 year old Auburn resident, Nicole Berthiaume, fell overboard near Spectacle Island and was severely injured on Saturday night. A 33 year old Charlestown lawyer who specializes in DUI defense was charged with operating under the influence (OUI) when the Coast Guard responded to an emergency call from the “Naut Guilty” just before 8:00 p.m. that night. Benjamin Urbelis was placed under arrest by the Massachusetts Environmental Police.

According to Coast Guard Petty Officer Lanola Stone, the young woman’s “arm was severed just below the shoulder,” when she jumped off the anchored boat to retrieve a seat cushion. She sustained injuries to her face and abdomen as well. Fortunately, the Coast Guard response boat was nearby when the Mayday call came in. The Coast Guard and Boston Fire arrived quickly to the scene. Department Lieutenant Charlie Popp and the crew of the department’s firefighting and rescue boat raced toward Spectacle Island after the 911 call was placed. “We were very fortunate,” stated Popp. “It’s the first one I’m aware of recently with injuries this severe where everything worked out well.”

May 31, 2015

Woman Seriously Injured in Charlestown Boating Incident

by Altman & Altman

A Massachusetts woman was seriously injured when she was thrown overboard during a boating accident just outside of Boston Harbor.

According to WCVB, the Massachusetts Coast Guard received a call from a 29-foot vessel named Naut Guilty of persons overboard near Spectacle Island. One woman had her severed her arm at the shoulder; five other people were also thrown overboard.

The Coast Guard was able to retrieve everyone out of the water safely and the woman was taken to Massachusetts General Hospital for treatment of her injuries. The boat’s owner and operator Benjamin Urbelis, 33, of Charlestown was arrested on charges of operating under the influence. Police have not said whether the boating accident was directly caused by Urbelis’s operation of the boat and the accident remains under investigation.