<![CDATA[Boston Medical Malpractice and Workers' Compensation Blog]]> tag:www.lawdoctors.com,2013-03-21:/blog/73521 2019-10-18T06:14:47Z Movable Type Enterprise <![CDATA[Needle sticks remain major danger for health care workers]]> tag:www.lawdoctors.com,2019:/blog//73521.3849868 2019-10-18T06:15:47Z 2019-10-18T06:14:47Z If you work as a medical provider in a health care setting, getting stuck by a contaminated needle is likely one of your greatest concerns. Many debilitating and even deadly diseases can be transmitted from patient to health care worker via a dirty needle.

Even though HIV and AIDS is not necessarily the death sentence that it once was, the thought of being exposed to the virus can be quite traumatic. Even when AIDS is not a concern, there are many other diseases which can be acquired in this manner.

]]> Protocol after a needle stick

The Centers for Disease Control and Prevention (CDC) recommend the following steps be taken in the immediate aftermath of a needle stick or injury with another sharp medical object:

  • Using soap and water, cleanse the site thoroughly
  • If the mouth, skin or nose area has been exposed to patient fluids, flush the body parts with water
  • If fluid gets splashed into your eyes, irrigate it with saline or fresh water
  • Immediately report the exposure to your supervisor

More treatment may be necessary

After a workplace exposure, you will need to be tested to establish that any resulting infections or manifestations of disease are linked to this event. Dependent upon the suspected exposure, there may be a postexposure prophylaxis (PEP) that you can use to reduce your risk of developing the patient's disease.

Workplace exposures to viral and bacterial infections may qualify you for workers' compensation benefits. You may need to take some time off of work to recuperate from an illness you develop as a result. You might need to seek counseling for the emotional and psychological consequences of your exposure.

A Boston workers' compensation attorney can offer guidance and support in the wake of a workplace exposure.

<![CDATA[Medical errors make it dangerous to seek care]]> tag:www.lawdoctors.com,2019:/blog//73521.3848536 2019-10-17T19:41:35Z 2019-10-17T19:40:35Z Doctors, surgeons, nurses and other health care professionals spend years of their lives studying medicine. When you are sick or hurt and seek treatment, you are relying on their knowledge and experience. Despite years of education and experience in the field, medical errors are frighteningly common.

Not all mistakes in life are dangerous. If you accidentally take your spouse's keys to work instead of your own, no one's life is on the line. A mistake or error at the doctor's office or in a hospital can be dangerous or even fatal. Because of this, it is important to hold medical professionals in Massachusetts responsible for any errors they make while on the job.

]]> Medical mistakes kill people

A Johns Hopkins study concluded that doctor errors directly cause approximately 250,000 deaths every year. Based on this figure, doctor errors are the third most common cause of death in America. Only heart disease and cancer cause more deaths.

However, the study from Johns Hopkins may not have painted a complete picture. Different studies have estimated that the real number of deaths could be as many as 440,000 per year. Information regarding medical errors or system failures are very rarely noted on death certificates, so pinning down an exact figure is difficult. It also does not help that the U.S. Centers for Disease Control does not collect data on medical error fatalities.

What contributes to these errors?

There is no single cause for mistakes. In some cases, inexperienced staff are put into positions for which they are not qualified. For example, instead of employing an educated trained pharmacist, some hospitals have pharmacy technicians compound IV medications that will be used for patients. The requirements for becoming a pharmacy tech are often minimal, and it is easy for inexperienced technicians to incorrectly compound medications.

Errors in judgement -- including misdiagnoses -- are another leading cause of medical errors. Missing a diagnosis altogether is another problem and may be especially dangerous when a doctor fails to identify a surgical error. These are human errors that can have life-threatening effects on patients.

Protecting yourself is not easy

Health care advocates, insurance companies and even medical professionals encourage patients to advocate for themselves. This includes things like seeking second opinions, asking detailed questions or bringing a friend or family member who can help advocate for your well-being. While this might be good advice, it is not always practical. A patient who needs emergency or extensive care will probably not have the opportunity to use any of these strategies.

You sought care with the expectation that your doctor and other hospital staff members would treat you correctly. Unfortunately, you now understand just how devastating medical errors can be. However, you do not have to suffer alone and without help. In Massachusetts, you have the option to seek compensation for things like related medical bills, lost wages, physical pain and even emotional trauma. Navigating the complicated world of medical malpractice claims is often challenging though, so you should be sure to speak with an experienced attorney first.

<![CDATA[It's a doctor's call whether C-sections are necessary]]> tag:www.lawdoctors.com,2019:/blog//73521.3846416 2019-10-11T13:23:27Z 2019-10-11T13:22:27Z Your due date came and went with no baby, and now your obstetrician is talking about the need for a C-section. This wasn't how you had planned to welcome your little bundle of joy into the world.

Is this surgery really necessary? It just might be. Read on to learn about common conditions that could make a C-section become a reality for your baby's birth.

]]> There are multiple babies

The more developing fetuses you have competing for real estate inside your womb, the more likely it is that a C-section is needed to ensure their health and safety as well as the mother's. However, with today's technologies, most obstetricians and parents know well in advance that they will be delivering multiple babies and can plan ahead for this eventuality.

The baby is larger than average

Conversely, the mother may have a very narrow pelvis that makes it especially difficult or traumatic for the baby to pass normally through the birth canal. The medical name for this condition is cephalopelvic disproportion. Should the baby's head be too large or the mother's pelvis too small to accommodate a vaginal birth, the doctor may need to perform a C-section.

Fetal or maternal distress

Although giving birth may be the most natural process in the world, the fact remains that there can be a lot taking place in the delivery room during a baby's birth. Things can start going south with little warning, meaning that obstetricians must make split-second decisions in some cases in order to save the lives of both the mother and her baby.

If the baby suffers a problem with the umbilical cord or the placenta or the mother's pre-existing condition causes dangerous complications, there might be little time for debate about a C-section.

Did your doctor fail to act appropriately?

The problem may lie in the opposite direction if your obstetrician failed to perform a C-section when it became medically necessary. If you or your baby suffered ill health as a result, this could become the basis of a medical malpractice claim against the negligent obstetrician.

<![CDATA[Could your doctor be hazardous to your health?]]> tag:www.lawdoctors.com,2019:/blog//73521.3840363 2019-10-04T12:27:09Z 2019-10-04T12:26:09Z Do you trust that your doctor has your best interests at heart? It's very important that your relationship with your primary care physician and others who render you care is based on trust.

But there can be reasons that you may start to question your doctor's intentions and/or actions regarding your treatment plan. Below are some circumstances where your doctor may be negligent.

]]> They're taking kickbacks

Pharmaceutical reps can pull out all the stops when they are trying to get doctors to prescribe their products. From catered lunches in the office to luxury stays at golf and beach resorts, your doctor could be living large off the perks they get to prescribe certain medications to their patients.

On the surface, there may be nothing inherently wrong with their treatment plan for you. But problems could develop if they are overprescribing some drugs to patients who may benefit more from a different medication or treatment protocol.

They made a mistake

Medicine is not an exact science, and sometimes trial and error is involved. But that doesn't mean that doctors who make medical mistakes are off the hook. If the treatment they render their patients falls short of the acceptable standard of care and a patient dies or suffers a worsened condition as a result, the doctor could face allegations of malpractice.

They perform unnecessary surgeries

Sometimes, surgery is the only viable treatment route. But the general rule is to try to fix the problem by using less invasive measures. If those options don't do the trick, then surgery may be necessary.

But some physicians are too quick to cut because they view surgery as the most expedient way to address their patients' health issues. The problem is that even minor surgical procedures carry risks, and patients can suffer complications that can even include death. Don't be afraid to seek a second opinion if surgery is recommended.

Understand your options after a medical mistake

If a doctor's error or other negligence causes you injury or harm, you have the right to seek financial compensation by filing a claim for malpractice against them.

<![CDATA[Did a co-worker's illness cause your on-the-job injury?]]> tag:www.lawdoctors.com,2019:/blog//73521.3837314 2019-09-27T15:24:47Z 2019-09-27T15:23:47Z Significant numbers of workers in the United States face harm and perhaps even death due to safety risks posed by their own co-workers. Certainly, some of these dangerous lapses can be attributed to negligence. But with others, the root cause may far less clear.

Such might be the case when a co-worker's declining health or chronic condition causes them to become a danger both to themselves and others working in close proximity with them.

]]> What is the company's responsibility when a colleague's health dangerously deteriorates? There are very strict laws regarding the handling of complaints centered around disabled workers on a job site.

Companies must be careful, for instance, not to remove a worker simply due to age. However, that doesn't mean that their advancing age cannot become a factor in their developing age-related conditions like dementia or slowed reaction times that could potentially endanger others working with and around them.

A direct threat to co-workers' well-being must be both significant and well-documented. Employers must gather 'substantial information' regarding an individual's medical status and work history that are independent of any supervisor's or co-worker's subjective evaluations.

Were you sickened or injured due to the actions or inactions of a colleague? Your company has the duty to keep the workplace as safe as possible for their workers. It may be possible to hold your employer liable for any injuries and damages that you suffer while carrying out your normal job duties.

A Boston workers' compensation attorney can help you file a successful claim after an on-the-job injury or illness leaves you unable to work.

<![CDATA[Impaired surgeons can wreak much damage]]> tag:www.lawdoctors.com,2019:/blog//73521.3833019 2019-09-20T12:12:56Z 2019-09-20T12:11:56Z Surgeons have an awesome responsibility to their patients. The patients they treat are often critically ill with their lives hanging in the balance. They are dependent on the surgeon's knowledge, guidance and steady hands. One wrong move in the operating room can mean the difference between life and death for the patient on the table.






<![CDATA[A distracted driver could cause you injuries while on-the-job]]> tag:www.lawdoctors.com,2019:/blog//73521.3832943 2019-09-19T23:41:34Z 2019-09-19T23:40:34Z If you are one of the many Massachusetts residents whose employment duties require driving, then you put yourself at risk for work-related injuries every time you get behind the wheel. Traffic, weather conditions and road conditions can be unpredictable enough without adding distracted drivers into the mix.

Preventing distracted driving accidents is as simple as paying attention to the road and not letting anything interfere with that. Sounds simple enough, but you would -- or maybe you wouldn't -- be surprised by the number of people around you who fail in their duties as drivers by not keeping their minds and eyes on the road and their hands on the wheel.

]]> Seemingly innocent activities could lead to injury

You may already know that cellphone, GPS and infotainment system use while driving is dangerous and can lead to serious crashes. However, other activities also put your life and well-being in jeopardy. Consider the following:

  • Any number of distractions outside your vehicle could draw your attention away from driving. Each year, this factor causes approximately 7% of distracted driving fatalities.
  • The people inside a vehicle represent a significant distraction as well. Around 5% of fatalities caused by distracted driving result from vehicle occupants.
  • The chances of a teenager being involved in a fatal crash double with just one passenger. That risk jumps up to five times more likely with at least two additional people in the vehicle.
  • Turning up the radio or adjusting the climate controls in your vehicle while driving could put you into the 2% of people who die from these distractions.
  • You may think the largest distraction while driving comes from electronics, but you'd be wrong. An alarming 62% of distracted driving fatalities result from a driver's mind wandering or getting lost in thought.
  • Driving while putting out or lighting a cigarette causes about 1% of these fatalities each year.
  • Another 2% result from eating or drinking while driving.
  • Music and conversation reduce your attention to the road by around 40%.
  • If you have ever needed to go to the bathroom while driving, you know how distracting it can be.
  • Parents with kids in the car spend approximately 21% of their trips paying attention to the kids instead of the road.
  • It takes around five seconds to read or send a text message. Can you imagine how far you travel in that time at highway speeds?
  • You have a better chance of an accident with a texting driver than you do with a drunk driver -- six times more likely, in fact.

There are even more alarming statistics regarding distracted driving, but they are too numerous to list here. The bottom line is that when you travel the roadways for work, you are always at risk of an accident involving a distracted driver. You paying attention behind the wheel has probably already gotten you out of a few near misses, but your luck could run out.

If it does and you suffer injuries as a result, you could pursue workers' compensation benefits to cover your medical expenses and a portion of your lost income. However, you may also decide to pursue a third-party claim against the distracted driver. To better understand your rights and the best course of action for you, it may help to discuss the situation with an experienced attorney.

<![CDATA[An OSHA violation can lead to workers' compensation claims]]> tag:www.lawdoctors.com,2019:/blog//73521.3831169 2019-09-13T15:49:45Z 2019-09-13T15:48:45Z If you work in the construction industry here in New England, you may have worked on job sites that wound up shut down due to Occupational Safety and Health Administration (OSHA) complaints.

Some OSHA complaints are generated by on-the-job mishaps where workers have already been injured. But others arise over conditions that are ripe for causing injuries but that have yet to do so. When it is the former, you have the right to seek financial compensation for the injuries that you suffered due to a company's failure to protect their workers from workplace hazards.

]]> Your accident and injury may also become the catalyst of an OSHA complaint. It can be filed by you, a co-worker or someone else on your behalf.

We encourage all injured workers in and around Boston to fully comply with OSHA investigations on dangerous job sites. If you are one of the injured workers, we can help you file a claim for workers' compensation benefits.

If your claim initially gets denied, we can also steer you through the appeals process to ensure that you have the best chance possible to secure financial, medical and other benefits arising from the safety lapse.

Workers' compensation cases can be relatively complex on construction sites because liability can be shared by several subcontractors and other entities involved with the build. They may not be as open and shut as some cases in other industries where it is clearer who holds liability for the workers' injuries and other damages.

Don't miss out on the compensation to which you may be entitled after a workplace injury. Contact us to learn how you can pursue damages after an on-the-job injury.

<![CDATA[Was that amputation really necessary?]]> tag:www.lawdoctors.com,2019:/blog//73521.3824736 2019-09-06T09:43:57Z 2019-09-06T09:42:57Z In prior centuries, a severe crushing injury or spreading infection in the limbs ended in either the patient's death or with the amputation of the mangled or diseased limb. Fortunately, modern medicine has advanced to the point where an affected limb may often be salvaged by a gifted orthopedic surgeon.

With limb salvage, the surgeon's goal is to maintain and restore stability to the limb, and when it is the legs that are affected, to allow the patient to remain ambulatory.

]]> Of course, that's not always possible in some circumstances. Even when it is, the injured limb typically requires scrupulous daily debridement and close supervision by the doctor to make sure all is well with the limb's blood flow.

There is no one-size-fits-all answer to whether a limb can be salvaged or should be sacrificed to save the patient's life. The standard of care demands early coverage and close scrutiny of changing conditions. Delaying the wound coverage can lead to detrimental outcomes for patients.

It's more cost-effective to salvage a damaged limb, and in as much as 95% of sarcoma cases, it is the procedure of choice among orthopedic surgeons. But it can be touch-and-go for patients at critical junctures when doctors must weigh the options they have.

Losing a limb is both physically and psychologically traumatic. The decision to amputate should never be made rashly. Whenever possible, the patient should be included in the decision-making process, although their medical condition at the critical point may prohibit this.

Regardless, if you suspect that your amputated limb could or should have been salvaged, you have the right to pursue the matter legally. A Boston attorney who handles orthopedic malpractice cases can provide guidance and advice.

<![CDATA[It's possible to appeal when turned down for workers' comp]]> tag:www.lawdoctors.com,2019:/blog//73521.3820539 2019-08-30T15:02:46Z 2019-08-30T15:01:46Z You work hard for your employer and do your best carrying out the daily duties required of your job. It stands to reason that your company would have your back after you suffer an on-the-job injury.

Unfortunately for some Boston workers, that is not always the case. Some companies reject their employees' claims for workers' compensation benefits, including cash benefits and covered medical care.

]]> These companies have various reasons for doing so. Some may be simply economic, as companies seek to reduce costs expended on these type of claims. But there can also be other reasons for companies to deny their workers the benefits they seek.

Your employer may doubt that your injury is actually work-related. They may suspect that the sprained or broken limb might be a result of some after-hours misadventure instead of an on-the-job accident.

That's why it is so vital to immediately report an injury when it occurs instead of waiting and hoping that it might not be that serious. If your employer challenges the legitimacy of your claim, you can provide them with co-workers' names who witnessed your fall or other mishap. A witness account corroborating your story can make the difference between covered medical and cash benefits and a denial.

But even if your claim is initially denied by your employer, that is not necessarily the end of the matter. We can help you appeal your denied workers' compensation claim. Many claimants find that having a workers' compensation attorney working on their behalf adds the needed gravitas to their case that will ensure their appeal is successful.

<![CDATA[Were you crippled by orthopedic malpractice?]]> tag:www.lawdoctors.com,2019:/blog//73521.3815490 2019-08-23T12:18:11Z 2019-08-23T12:17:11Z Anyone who has ever broken a bone knows just how painful a fracture can be. In fact, part of the reason why fractures are treated as emergencies is the pain they cause to the patients.

However, in some cases, a broken bone may not be immediately recognized by the doctors in the emergency room. Some minor fractures don't readily show up on X-rays, especially if the patient is older and the break is to the hip or wrist. Regardless, when there is pain in the area that does not fade, orthopedic surgeons should employ other diagnostic tools in their arsenals, like bone scans, magnetic resonance imaging (MRI), angiograms or computed tomography (CT) scans.

]]> But what if your doctor misses the fracture diagnosis entirely, either out of negligence for not ordering the right diagnostic tests or out of ignorance when reading the results? In some cases, the consequences to the patient may be quite severe.

Patients have suffered damaged nerves and blood vessels. In some cases, the bone and surrounding tissue can become badly infected (osteomyelitis). If the infection is serious enough, the patient could wind up losing a limb to amputation.

Getting the right diagnosis after a fracture is essential to healing the injury site with the least possible complications. Doctors who fail their patients with their diagnostic skills leave themselves open to orthopedic malpractice claims if the patient winds up losing the use of the limb or even the limb itself.

If your fracture went undiagnosed and treated, you may decide to seek civil justice from the negligent orthopedic surgeon by filing a claim for damages

<![CDATA[Why you should take a stand against medical malpractice]]> tag:www.lawdoctors.com,2019:/blog//73521.3812049 2019-08-16T13:29:23Z 2019-08-16T13:28:23Z If a medical provider failed to properly diagnose or treat your illness or injury and you wound up with a worsened condition as a result of their negligence, you have the right to seek justice.

Arguably, you also have the responsibility to file a malpractice claim that can alert potential patients and licensing boards to the doctor's negligence.

]]> No one can be forced to file a medical malpractice claim in order to protect others, of course. Some people are just too reluctant to file suit against anyone, even when those individuals' negligence caused great damage.

But other times, people just don't understand the process and wait too long to take action or simply never initiate the claim that could reap them substantial financial recovery.

However, the claims for damages process is one way to weed out the incompetent doctors and other medical providers before they can harm or even kill other patients. By filing your claim for damages against a negligent doctor, not only could you receive a financial settlement or court judgment, but you could potentially save another person from being subjected to misdiagnosis and inappropriate treatment.

We can review your case and offer a recommendation for resolving it. It's exceedingly difficult for a non-lawyer to successfully navigate a medical malpractice claim due to the complexities involved. By choosing our firm, you are selecting attorneys with experience dealing with medical malpractice, one of the most complicated branches of the law.

If you have been harmed by a medical provider's negligence, do not wait to take action, as you will no longer have recourse to justice once the claim proscribes.

<![CDATA[How can victims of medical malpractice prove their cases?]]> tag:www.lawdoctors.com,2019:/blog//73521.3811956 2019-08-16T09:41:34Z 2019-08-16T09:40:34Z It is devastating to learn that the Massachusetts doctor you trusted to care for you, provide you with the right medical care and give you the right diagnosis let you down. No doctor is perfect, and there are times when an honest mistake happens or there is an unavoidable issue. This is why medicine is a practice and not an exact science, but how can you know when a mistake is more than just a mistake? 

The main reason for most medical malpractice claims is negligence. If you think your doctor acted negligently, how can you prove your case? It is in your interests to review the circumstances of your case and determine if you have grounds to move forward with a claim against your doctor. If you are suffering due to the reckless or negligent actions or decisions of a medical professional, you do not have to suffer in silence.

]]> The elements of a claim

It's not always easy to know if you have valid grounds for a claim. After all, how can you tell when something is more than just an unavoidable mistake or accident? A careful evaluation of your case can help you see if you have evidence that can prove the following:

  • Evidence that the offending party owed you a certain standard of care because you were a patient
  • Evidence that the offending party neglected to provide an acceptable standard of care, breaching the duty owed to you
  • Evidence connecting the actions of the offending party to the suffering experienced by you as the patient
  • Evidence that this breach of duty and the subsequent consequences led to your financial harm 

If you can prove the above elements, it is possible that you have grounds for a civil claim against your doctor. Malpractice in any form and for any reason is unacceptable, and you would be wise to take action as soon as possible as these claims are time sensitive.

Fighting to get better

You have the right to fight for a full and fair recovery after suffering from medical malpractice. Through legal recourse, you can attempt to hold the doctor or care provider accountable for his or her actions, and secure compensation for your injuries, pain and suffering. 

An assessment of your case can help you see what legal options may be available to you. If you suspect that medical malpractice occurred, you do not have to delay in seeking the help you need to move forward with the appropriate course of legal action.

<![CDATA[Were you exposed to bio-hazards at work?]]> tag:www.lawdoctors.com,2019:/blog//73521.3808564 2019-08-09T10:50:06Z 2019-08-09T10:49:06Z Nurses and other health care workers face some unique challenges with biological workplace hazards. But many employed in other professions are surprised to find themselves at risk of biological hazards in fields that have nothing to do with health care.

Biological hazards arise from natural components in animals, humans or plants. They can originate in insect or vermin infestations, fungus or mold spores or sick people or animals. The management of these biohazards can determine how they affect the workers exposed to them.

]]> Suppose, for instance, your workplace is located in an older building where asbestos is being removed. The business owner and asbestos removal company must take steps to ensure that no workers are exposed to the deadly carcinogen on the job. Ditto for black mold spores that can grow after a leak or flooding occurs.

Hazard management is key to keeping workers safer from biological hazards in the workplace. Your company should have protocols and policies in place to protect employees from exposure to dangerous elements or conditions that could compromise their health and well-being.

Should your employer drop the ball on this vital safety issue and you get ill or suffer an injury as a result of your workplace exposure to a biological hazard in the workplace, you may need to file a claim for workers' compensation benefits.

Filing your claim is the first step in obtaining financial and other compensation to help make you whole after the damages and losses you suffered as a result of your exposure to a biological hazard in your place of employment.

<![CDATA[Impaired nurses are negligent by default]]> tag:www.lawdoctors.com,2019:/blog//73521.3803126 2019-08-02T10:34:24Z 2019-08-02T10:33:24Z The opioid crisis that hit the Boston area hard has also left an indelible impact on the medical profession. From over-prescribing physicians to addicted nurses, the shock waves continue to reverberate throughout the Boston medical community.

It can take a while to spot an addicted nurse on the job. After all, an addict's descent into addiction is typically slow and incremental. On the job, where they are responsible for patient care, an addicted nurse may be able to inflict substantial harm to their patients before ever drawing the patients' ire or the attention of those in supervisory roles.

]]> Some nurses grappling with substance abuse issues may start diverting some of their patients' prescribed pain medications for their own use, causing their patients undue suffering from intractable pain at the reduced medication levels. Other nurses may work their shifts under the influence of narcotics and make life-threatening errors that put their patients in jeopardy.

But it doesn't take a life-or-death "never event" for patients to suffer because of their nurses' impairment. Is the reason the nurse keeps sticking you over and over for a usable vein to start an IV because your veins have collapsed or because the nurse's hands are too shaky to find and thread the needle into the vein?

When nurses work impaired, their patients suffer in ways both small and large. It is the most egregious of the mistakes that make the headlines, but the quality of patient care rendered will always take a hit when a nurse who isn't sober shows up to work a shift.

What can you do if nursing negligence caused or contributed to your worsened condition? We believe that one way of addressing the matter is to hold the negligent nurse and the facility that employs them legally and financially liable for the harm they cause to their patients.