Boston Injury Lawyer Blog

January 30, 2013

Traumatic Brain Injuries, Broken Bones Can Happen During Boston Slip and Fall Accidents on Ice or Snow

Our Boston slip and fall accidents represent clients that have been injured in premises liability cases on other people’s property. While slip accidents can happen year round, winter weather conditions can increase the likelihood of such an incident happening, especially when there is snow or ice on the pavement or ground.

While some Massachusetts slip and fall injuries tend to be mild in nature-bumps, sprains, and bruises, depending on the severity of fall and/or where/how a person lands, TBIs, back injuries, ACL/MCL tears, hip fractures, broken bones, and even death can happen. Such injuries are be costly, requiring surgeries, other medical expenses, rehabilitation, and time off from work to recover.

Fortunately, you may be able to seek legal remedies for the harm that you have suffered. Property owners can be held liable for Boston slip and fall injuries that occur on their property if the could/should have done something to remedy the slip hazard before the accident but did not. Also thanks to the ruling in Papadopoulos v. Target Corp. a few years back by the Massachusetts Supreme Judicial Court, property owners now can be held liable for a slip and fall accident on ice and snow regardless of whether or not the accumulation of either element was natural or unnatural (for example, slip hazards caused by snow that had been shoveled or trampled on or an icy patch created by water coming from a gutter). This means that even if the ice or snow accumulated due to the forces of nature, premise owners must still clear up such hazards. Now, with this established reasonable standard of care, whether or not a property owner is liable will depend on whether or not he/she exercised the necessary ice/snow removal efforts in light of how dangerous a hazard these elements on the ground might prove to others.

January 28, 2013

Downton Abbey Preeclampsia Death a Grim Reminder that Boston Birthing Malpractice Can Prove Fatal

by Altman & Altman

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.

January 23, 2013

When There is Bone-Chilling Weather, Boston Nursing Homes Should Take Precautions to Prevent Hypothermia Injuries and Fatalities

by Altman & Altman

According to the National Weather Service, temperatures are expected to go no higher than 17 degrees in Boston, while wind chill will go down to five feet below. The weather predicted to be even colder in the central and western areas of Massachusetts, with wind chills going down to 22 below zero in the Berkshires and winds moving at 30 miles per hour in Worcester.

With such cold weather, it is important that nursing homes exercise the necessary precautions to make sure that patients don’t end up getting sick or dying from exposure to the cold weather. Failure to protect patients from related cold weather-related injuries and illnesses can be grounds for a Boston nursing home neglect case.

Examples of Cold Weather-Related Nursing Home Injuries:

January 21, 2013

Boston Spinal Cord Injury Lawsuits Can Help Victims and Their Families Cope with Expensive Medical Expenses

by Altman & Altman

At Altman & Altman, LLP, our Boston spinal cord injury lawsuits represent victims and relatives that wish to seek damages from the parties responsible for what happened. SCIs are very serious injuries that can cause serious medical conditions, including paraplegia, quadriplegia, deep vein thrombosis, movement and sensation loss, urinary tract issues, bowel management issues, bedsores, circulatory issues, respiratory issues, muscle tone problems (flaccidity, spasticity, and atrophy), depression, severe pain, and even death. This is not the type of case that you want to handle without experienced legal help.

Common causes of SCIs:

• Car accidents • Fall accidents • Violent crimes • Gunshot injuries • Sporting accidents • Construction accidents • Getting hit by (or striking against) something

January 18, 2013

Toyota Settles Sudden Acceleration Lawsuit Over Two Wrongful Deaths

by Altman & Altman

One month after reaching a $1.1B settlement with hundreds of plaintiffs claiming that auto defects linked to sudden unintended acceleration caused the value of their vehicles to drop, Toyota Motor Corp. has reached confidential settlements in two wrongful deaths involving the same safety issue.

This auto defect, which can cause a vehicle to suddenly speed up without warning while causing the driver to lose the ability to slow it down or stop the car, has been linked to hundreds of motor vehicle injuries and fatalities. In this latest wrongful death case, Charlene Jones Lloyd and Paul Van Alfen, died in 2010 when the Camry they were riding crashed into a wall. Van Alfen’s wife and his son, who was engaged to Jones Lloyd, were also injured. Investigators report that skid marks on the interstate showed that Van Alfen tried to stop the Camry as it accelerated out of control.

The police say that the vehicle suddenly accelerated after the gas pedal got stuck. Sticky gas pedals and ill-fitting floor have both been linked to the Toyota sudden unintended acceleration problem. This safety issue eventually led to a number of recalls involving millions of vehicles and the manufacturer later had to pay tens of millions of dollars in fines to the National Highway Traffic Safety Administration for not alerting the government about this problem sooner.

January 16, 2013

Beverly, Massachusetts Sexual Abuse Allegations Continue Against Landmark School

by Altman & Altman

According to Landmark School, a private school in Massachusetts, another five graduates have come forward claiming that they were molested by to ex-teachers and a former staffer. The alleged Beverly sex abuse incidents took place during the 1970’s and 1980’s.

A report from the school’s board of the trustees notes that the two teachers identified by the former students had already settled previous Massachusetts sex abuse lawsuits involving other victims. This latest news comes just a few months after three other alumni alleged that they had been molested also during the same time period. Among those accused of committing sex abuse is Howard Kasper, a former dean.

Landmark School is attended by kids with learning disabilities involving language. Tuition to attend varies from $46,575 to $62,000 depending on whether one is a day student or a boarding student.

January 15, 2013

Even With Texting Ban, “Legal” Distracted Driving Habits Continue to Up Risk of Boston Car Accidents

by Altman & Altman

Even though texting while driving has been banned in Massachusetts, this doesn’t mean that people are not engaging in distracted driving habits that are just as risky albeit legal. A Boston Globe article today reports on just this trend from the results of an operation carried out this month by police officers in West Bridgewater who were looking for drivers that were interacting with their cell phones while operating their vehicles.

51 motorists were pulled over for texting while driving. 37 of these people were given warnings or $100 citations. However, 14 were let go because, according to them, they weren’t actually texting but, rather, they were looking at directions or dialing the phone to make a call. Both activities are distractions, but both are legal to do on the road. Still, they can cause Boston car accidents.

Such distinctions between what is legal and what isn’t among distracted driving habits can make it tough for police to determine who is actually breaking the law by texting while driving and who is just getting ready to make a phone call or using their device as a map.

January 11, 2013

Breach of Privacy: Ex-Billing Company Owners and Pathology Groups to Pay $140K for Health Records Accidentally Thrown in Georgetown, MA Public Dump

by Altman & Altman

The ex-owners of Goldthwait Associates, which is a billing company based in Marblehead, and four pathology groups have reached a breach of privacy settlement with the Massachusetts Attorney General’s Office over the accidental dumping of sensitive health records at a public dump in Georgetown. The collection of tossed papers included the records of over 67,000 people. Included in these documents were people’s names, SS numbers, addresses, and test results. A Boston Globe photographer had found the tossed records in 2010 when he was throwing out his trash.

Under federal and state laws, health records have to be gotten rid of in a way that destroys any personal information. This usually involves burning or shredding the documents. Even though no evidence exists to show that the poor handling of these files resulted in anyone using the information improperly, in a press release, Attorney General Martha Coakley said that thousands of patients were likely placed at risk from this information breach. She noted that it is important that personal health information is protected as it goes from doctors to third-party contractors.

Coakely’s office contends that several pathology groups, who were also defendants in this case, violated Health Insurance Portability and Accountability Act regulation when they didn’t ensure the proper safeguards to make sure that the patient information was protected when they gave the files to Goldthwait Associates. Her office also alleges violation of data security regulations of the state due to the groups’ failure make sure that the billing company they retained would make sure the proper security measures were in place to protect the confidential information.

Doctors, billing company pay $140,000 penalty for records tossed in public dump, Boston.com, January 7, 2013

Former Owners of Medical Billing Practice, Pathology Groups Agree to Pay $140,000 to Settle Claims that Patients’ Health Information was Disposed of at Georgetown Dump, Mass.gov, January 7, 2013

More Blog Posts:
Middleborough Woman Sues Tufts Medical Center for Breach of Privacy and Seeks Punitive Damages, Boston Injury Lawyer Blog, July 14, 2011

Alaska Medicaid to Pay $1.7M to Settle HIPAA Lawsuit Over Hard Drive Data Breach, Boston Injury Lawyer Blog, June 27, 2012

Boston Personal Injury?: Use of Psychotropic Drugs Can Prove Fatal for Some Elderly Patients, Boston Injury Lawyer Blog, March 30, 2011 Continue reading

January 9, 2013

Ferry Crash in NYC Injures at Least 50

by Altman & Altman

A high-speed ferry that collided into a Manhattan dock today left at least 50 people with injuries-CNN says that number of injuries is closer to 85. Two of the victims were critically hurt, with one sustaining a serious head injury from falling down the boat stairs. The vessel had been transporting over 300 commuters. When the crash happened, dozens of them were tossed to the deck, and against walls, windows, and seats.

The ferry accident occurred at around 8:45am as the boat was pulling into the dock. The impact of the crash caused the boat’s hull to rip open. Per a witness who is quoted in a Boston Globe/AP story, a ferry employee had been telling her that the captains of the boat had complained that the vessel was difficult to maneuver.

The ferry is a catamaran that was constructed in 2003 and it was scheduled to undergo a huge mechanical overhaul in mere months. The National Transportation Safety Board sent investigators to the boating accident site.

January 7, 2013

Holyoke, Winchendon, and Chelmsford, MA Fires Claim Lives

by Altman & Altman

A woman was killed in a Holyoke fire at her home on Saturday. Investigators believe that the blaze may have started close to a wood-burning stove. Firefighters that rushed to the scene were able to extricate another woman and her dog from the roof of the bungalow’s front porch. Following the fire, the whereabouts of two other dogs were in question.

Also on Saturday, an elderly couple was killed in a three-alarm Chelmsford blaze that caused a significant portion of a 24-unit condo complex to collapse. A seven-year-old boy who sustained third-degree burns is reportedly fighting to survive. The cause of this fire is also under investigation.

And in yet another fire, this one in Winchendon on Friday, a 70-year-old man died in a two-alarm blaze that destroyed his residence. Icy conditions and strong winds impeded firefighter efforts.