According to the AAA Foundation for Traffic Safety, sending and reading text messages with a hands-free devices or talking on a cell phone without using your hands while driving are no less distracting than doing these activities manually. The AAA’s study comes as voice-activated technologies that let people talk, text, and Facebook while driving continue to grow in popularity. This is the most comprehensive study of its kind to date. In Massachusetts, please contact our Boston injury lawyers if you believe that your car crash injuries or a loved one’s death was caused by a negligent driver.

Per the study, which sought to gauge how mental or cognitive distraction affect driving, even these hands-free devices don’t take away the mental distraction that can arise from engaging in so many other activities while operating a motor vehicle. As the mind becomes more distracted, the brain’s reaction capabilities slow down, as does its ability to detect vital cues on the road, including pedestrians and stop signs.

These findings are important for hands-free device manufacturers and also makers to know so that they can make sure that consumers don’t end up thinking that these types of products make it safer to text and talk while driving. AAA CEO Robert Darbelnet even called the surge in hands-free technology a “public safety crisis” just waiting to happen.

A man who sustained electrical shock injuries in a Quincy construction accident was rushed to the hospital. A Boston Medical Center spokesperson said that Antonio Deponte sustained electrical burns on his forearms after making contact with a power line.

The intensity of the shock reportedly caused DePonte to fall a floor. He also suffered a head injury. The Massachusetts electrical burn accident occurred at the new Central Middle school.

Electrical Injuries and Massachusetts Construction accidents

While many electrical burns may not show themselves on the skin, their damage can be deep, causing severe injury to the tissue. Depending on the strength of the electrical current that was involved, heart rhythm disturbance, cardiac arrest, organ damage, serious entry and exit wounds, and even death occur.

Unfortunately, electrical injuries, including electrocution and electrical shock, are a serious risk for many construction workers every day. Many workers have to work around and with electricity. The Bureau of Labor Statistics reports that electrical accidents is one of the leading causes of construction accident fatalities, with hundreds of fatalities and thousands of worker injuries caused by electrical burns and shocks. Other common causes of Boston construction accidents involving electrical sources include high-voltage power lines, extension and power cords that are faulty or short circuited, defective or poorly maintained power tools, lighting, inadequate ground-fault protection, and negligent use of equipment.

As an injured construction worker, you may not be able to file a Boston electrical injury lawsuit against your employer, but you are likely entitled to Massachusetts workers’ compensation. There also may be other parties associated with the construction job, such as the owner of the project, another contractor, and others that you may be able to pursue legal damages from, in addition to other third parties involved in the accident.

Man injured in accident at Quincy school construction site, Boston.com, June 11, 2013′

Bureau of Labor Statistics

More Blog Posts:
GAO Report Finds State-Run OSHA Programs Failing to Meet Workplace Safety Goals, Massachusetts Workers’ Compensation Lawyer Blog, June 7, 2013
Worker Killed in Northampton Construction Accident, Boston Injury Lawyer Blog, April 19, 2013

Brockton Tractor-Trailer Driver Suffers Electrical Shock After His Truck Strikes Power Lines on I-95 in Attleboro, Boston Injury Lawyer Blog, August 17, 2012 Continue reading

A 12-year old child was hospitalized on Saturday night after a 6-by-6 foot piece of plaster from a section of a city apartment’s ceiling collapsed.

Authorities believe that the heavy rainfall from both Friday and Saturday is to blame. According to officials, water got into both the insulation and plaster in the third floor unit of the building, causing the ceiling to become waterlogged and eventually collapse.

The city building inspector responded to the scene to examine the whether the premises was up to code. The case is still being investigated.

Building codes are adopted to protect innocent tenants, guests, and employees from dangerous situations. Their purpose is to safeguard the public by making sure that buildings are sound and properly constructed, have adequate means of exit in the event of a fire, and are otherwise sufficiently safe and sanitary.

When building codes are violated or ignored, they can leave individuals seriously hurt; as was the case on Saturday night. By Massachusetts’s law, landlords are required to properly maintain their properties so that there are no unsafe conditions, and premises liability law holds landlords accountable when they neglect their responsibilities, and a person becomes injured or dies as a result.

As a tenant, your landlord is responsible for maintaining places such as common areas as well as areas where a landlord has exclusive control. Common areas include building entrances, lobbies, hallways and stairwells. Places such as rooftops, foundations, and other types of structural areas are considered places where the landlord has exclusive control and their maintenance falls under the direct responsibility of the property’s owner. Landlords need to take reasonable care of their properties and ensure that they are not only in good/working condition but also that they are sanitary and do not pose a major health threat. Examples of health and sanitary violations include mold, infestations of mice, termites or other insects that can compromise a tenant’s health. Additionally, landlords are liable for any necessary repairs to structural areas on their properties.
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In an earlier blog post, our Boston nursing neglect and abuse lawyers talked about the recent report released by the Alzheimer’s Association, which one in three elderly persons suffers from Alzheimer’s and other types of dementia when they die and that deaths caused by dementia went up 68% between 2000 and 2010. This means that long-term care, health care, and hospice care costs are expected to rise dramatically from $203 billion now to $1.2 trillion in about 37 years. (By 2050 there will likely be about 13.8 million people suffering form Alzheimer’s.)

Unfortunately, there is no way to slow down or prevent dementia when it happens. Families and the afflicted must do the best they can, whether it means that a loved one must turn caregiver for the person suffering from Alzheimer’s or hire private nursing care or admit a loved one to a long-term care facility.

Because of what dementia does to a person-memory loss, problems communicating, inability to execute tasks, depression, behavior problems, mood swings, and personality changes-such vulnerabilities also means that a dementia/Alzheimer’s patient may be at risk of falling victim to Massachusetts nursing home abuse and neglect, including:

In Middlesex County Court, the family of Justin Johnston is suing tour operator EF Institute for Cultural Exchange, EF Cultural Tours GmbH, EF Cultural Travel Ltd., and EF Travel Inc. for wrongful death. Johnston was on a trip to Costa Rica with his high school class in 2011 when he was shot by an unlicensed security guard at the hotel where he was staying. According to CBS, the guard mistook the 18-year-old for a thief.

John Johnston says that the guard was not properly trained and medical services were not readily available to save his son’s life. He claims that the tour operator did not reveal that emergency services at the hotel would be inadequate.

Justin’s dad says that EF, which claimed it was one of the largest education tour companies in the world, is the one that solicited teachers at his son’s US school to do the tour. He contends that the operator made repeated assurances that the kids would be safe. His family wants over $5 million in punitive damages for wrongful death, pain and suffering, gross negligence, and Massachusetts law on travel services violations.

Two children were hospitalized after falling out of second story windows in Plymouth and Wellesley this weekend.

In Wellesley, an 18-month old fell through a screen from a second story window and onto a deck below around 4:10 p.m. Sunday afternoon. She was taken to a Boston hospital as a precaution, but did not suffer any life-threatening injuries. Another 2-year old girl fell out from the second floor window of a residence in Plymouth, around 7:30 p.m. Sunday evening. She was airlifted to Tufts Medical Center in Boston and was listed in serious condition.
file0001449879863.jpgWith the arrival of warmer weather, residents around Massachusetts are beginning to open their windows to let the fresh air in. Unfortunately the pleasant feeling of fresh air may turn tragic, especially in households with small children. Nearly 4,000 children are injured and more than a dozen children under the age of 10 die each year in the United States from window falls, according to Boston Children’s Hospital. Window falls are most often caused when children push themselves against the screen of an open window, resulting in the screen to give way, and the child to suddenly fall. Fortunately, there are ways for parents and caregivers to protect their children from falling out of windows.

Simple Tips to Prevent Window Falls

• Open windows from the top, instead of the bottom.
• Lock all unopened doors and windows.
• Keep furniture, beds and anything a child may climb on away from windows.
• Install child safety guards on windows.
• Always, always, always supervise children-especially in rooms with windows that are opened.

About Child Window Safety Guards

Child safety guards are usually made of aluminum or steel bars with a maximum of four-inch spacing. They are installed into the window frame and designed to withstand 150 pounds of pressure, but they may not be strong enough to keep a child from falling out. Another type of guard that may be temporarily installed is an operable window guards which are releasable and removable from the inside, without the use of tools, keys or excessive force. For windows that cannot sustain a fixed window guard, they are a good option. In fact, the Boston Fire Department recommends these types of guards because they are easily releasable in the event of an emergency. Though neither fixed nor operable window guards are required by law in Massachusetts homes, they are highly recommended for households with children under six years old.
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A Worcester woman was seriously injured after a hit-and-run crash early this morning.

The victim, 24, was struck around midnight while crossing the street at the intersection of Chandler and Wellington Streets. Police found the young woman lying in the middle of the road with severe hip and facial wounds.

Witnesses who saw the accident reported a small, dark-colored SUV flee the scene toward Main Street. According to police, it appeared that the woman was struck and rolled on top of the car and then fell back onto the ground. The victim was transported to a local hospital where she is currently listed in stable condition. Police are still investigating the accident.

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According to a report by the National Highway Traffic Safety Administration, 4,280 pedestrians were killed as a result of motor-vehicle crashes and 70,000 were injured in pedestrian accidents in 2010. The number of pedestrian fatalities in 2010 accounted for 13% of all motor-vehicle accident fatalities and the number of injuries accounted for 3% of the total amount of individuals injured in a traffic accidents.

1151917_new_york_2_1.jpgMost hit-and-run accidents occur in metropolitan areas where there is a high volume of car and pedestrian traffic. In fact, in 2010, the NHTSA reported that 73% of all pedestrian accidents occurred in urban settings, and typically at non-intersections (79%). Weather conditions, as reported by the NHTSA do not seem to have an impact on the amount of pedestrian fatalities however the majority of these types of accidents usually take place during nighttime hours. About 1 in 5 pedestrians killed in 2010, were the victim of a hit-and-run motor-vehicle accident, the NHTSA reported.

Pedestrian accidents occur for a variety of reasons, and may be attributed to not only the actions of a motor-vehicle operator, but the actions of a pedestrian as well. Driving while under the influence of alcohol or drugs, speeding and reckless driving, and distracted driving by motor-vehicle operators are the most common factors that cause pedestrian accidents. About 20% of drivers involved in pedestrian accidents fled the scene according to the NHTSA. In some cases, pedestrians’ actions caused accidents. Actions such as alcohol consumption (leading to impaired judgment) was the most prominent factor, as well as failing to follow road signals, such as crosswalk signals, and improperly crossing intersections.
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According to a new US Consumer Product Safety Commission report, the majority of child drowning deaths are taking place in backyard pools. Drowning remains the number one cause of accidental child deaths for kids between ages 1 and 4 and minorities.

At Altman & Altman, LLP, Boston personal injury lawyers represent the families of kids injured or killed in a Massachusetts drowning accident. We handle pool and spa drowning incidents involving premises liability, products liability, negligence and wrongful death.

Per the CPSC’s latest findings:

The US Justice Department says that US Renal Care will pay $7.3 million to settle allegations that its Dialysis Corporation of America submitted false Medicare claims, billing more for Epogen, an anemia medication, than what it actually gave to dialysis patients. The accusations stem from a Qui Tam lawsuit filed by whistleblower Laura Davis.

DCA, which has over 100 outpatient dialysis clinics, is accused of billing Medicare not only for the amount of Epogen used by patients but also for the overfill that was left in the vials. The company purportedly didn’t do anything to use this excess and there was even a time when reimbursement for Epogen purportedly made up over 25% of the company’s revenue for medical services.

Davis, a nurse who worked at a DCA clinic, filed her whistleblower lawsuit in 2008. She claims that she first reported the billing discrepancies to the company but that no one paid attention to her. Under the False Claims Act’s qui tam provisions, Davis is entitled to a percentage of the multimillion-dollar recovery. The DOJ says that she will receive $1,314,000.

Examples or Medicare billing fraud:
• Billing for medical services never provided • Conducting medical tests the patient needs and billing Medicare for them • Billing twice for the same equipment or services • Upcoding: billing for a more expensive service than what was actually provided to a patient • Unbundling: Billing separately for certain services that are typically done together and can be billed collectively and at less of a cost
Massachusetts False Claims Act
The state has its own False Claims Act that offers whistleblowers financial incentives for reporting fraud. Recently, certain amendments were made to the Act to further encourage people to come forward and report fraud abuse. For example, now a court can no longer eliminate or lower the percentage a successful whistleblower can get. Also, a whistleblower now doesn’t have to be the “original” source of the fraud information. Additional information to the knowledge that is already in the public domain will suffice.

U.S. Renal Care to Pay $7.3 Million to Resolve False Claims Act Allegations, DOJ, May 21, 2013
Update: Whistleblower allegations about Medicare fraud led to $7.3 million settlement, The Dallas Morning News, May 22, 2013

More Blog Posts:
Nursing Home to Pay $2.7M for Medicaid Fraud Claims Brought to Light By Whistleblower, Boston Injury Lawyer Blog, March 23, 2013
Generic Drug Manufacturer Ranbaxy Will Pay $500M To Settle in False Claims Act and Whistleblower Allegations Involving Medicaid/Medicare Fraud & Pharmaceutical Fraud, Drug Injury Lawyer Blog, May 14, 2013 Continue reading

According to a recent Journal of American Medicine study, hospitals make more money when surgical errors occur. The reasons for this is that patients who are the victims of this type of medical mistake often have to undergo more surgical procedures and extend their hospital stay in order to recover, which means that their hospital bills inevitably go up.

The study, called Relationship Between Occurrence of Surgical Complications and Hospital Finances, found that when surgical errors take place, hospitals are paid about $40,000 more for patients who have private insurance and $2,000 for those with Medicare. The researchers say that modifying the payment system, which would put a halt to rewarding poor medical care (perhaps even offer incentives for great medical care), could decrease the number of medical mistakes that happen. However, they were careful to note that they are not implying that hospitals are encouraging their surgeons to make mistakes in order to make more money.

Out of 34,256 people who underwent surgery at one hospital in Texas in 2010, 1,820 of them suffered complications that were preventable, including infected incisions, blood clots, and pneumonia. The median length of hospital stay for victims of medical mistakes went up to 14 days-that’s four times more than the average stay for patients who didn’t experience surgical errors. Meantime, hospital revenue was about $30,500 greater for patients who were the victims of surgical errors.

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