Boston Personal Injury Lawyer Blog

An investigation by the CBS News Investigation Team has found that doctors who settle malpractice lawsuits are not being held accountable by the Massachusetts state board. The state board's job is to investigate medical malpractice claims and settlements and decide appropriate disciplinary action to protect the public from substandard medical treatment. The CBS investigation researched 16,000 doctors and found 654 of them have settled one or more malpractice claims in the last decade. Out of those, only 6 doctors -- less than 1 percent -- have been disciplined by the state board. Further, 14 doctors have settled 3 or more malpractice claims in the last 10 years and none them have been disciplined.

A radiologist from Fall River failed to diagnosis breast cancer as well as caused a woman to suffer permanent paralysis after he failed to notice her spine was fractured, both of these malpractice claims were settled with no consequential disciplinary action. An obstetrician from Fall River has settled four malpractice claims and has also never been disciplined. A delivery room doctor at Mt. Auburn did not order a C-section of a baby, prolonging the delivery and ending with the baby not breathing and suffering permanent brain damage. This doctor has had 3 malpractice settlements in the last 10 years and has yet to be disciplined.

The state board explains its inaction by stating that malpractice suits are not proof of substandard care, it's an allegation and since most cases (96% of cases) are settled that there is no determination of wrongdoing or not.

Continue reading "MASSACHUSETTS STATE BOARD NOT DISCIPLINING DOCTORS AFTER MEDICAL MALPRACTICE LAWSUITS" »

Massachusetts General Hospital and Beth Israel Deaconess Medical Center who are both affiliated with Harvard Medical School; and Boston Medical Center, which is affiliated with Boston University, are all some of the most well known Boston hospitals. Sick and injured people go to these hospitals all the time expecting the best care.

According to data evaluated by the Medicare program, these hospitals were among hospitals all over the country to have a higher number of complications than an average hospital. However some of the leaders of these hospitals question the accuracy and fairness of the data and claim that the data does not take into account how severely ill their patients are.

This data was created as a series of efforts by the government to judge and pay hospitals for the quality of care. The administration thinks that adding financial incentives into Medicare, which is the largest insurer in the nation, will make entice hospital to lower costs and improve care.

Many of the hospitals listed as having the highest complications say that the complications of the hospitals are exaggerated by the number of complicated cases or very sick patients. The data shows the highest rate of complications comes from elderly patients.

Teaching hospitals are listed to be about 10 times more likely than average hospitals to have a large amount of complications. The statistics also show that 3 out of the 10 major teaching hospitals, including some of the biggest institutions in Boston, to have a higher rate of serious complications among elderly.

Continue reading "MASSACHUSETTS TEACHING HOSPITALS RANK LOW FOR SAFETY ACCORDING TO MEDICARE " »

Plastic surgery procedures rates are growing rapidly each year in the United States. From 2009-2010 t there was a 9% increase in procedures and in 2010 there were 1.6 million procedures alone in one year; Breast augmentation being the number one cosmetic procedure. Many patients look meticulously to find a doctor that can fit their needs, but not everyone is aware of the different types of plastic surgery certification.

To become an official board certified plastic surgeon, doctors must go through a residency that is five to six years in both general surgery and plastic surgery. They must also pass a six hour written exam with 400 questions and a two-day oral exam focused on their recent cases and some unknown ones meant to test judgment.

But there is another type of "plastic surgery certification" that doctors can obtain by taking a two day workshop, with 5 to 6 "live demonstrations" of the procedure. This option is made available to doctors who already have a primary doctor's license but want to have "supplement" income by adding plastic surgery to their services.

Continue reading "PLASTIC SURGEONS URGE THE PUBLIC TO BE AWARE OF DIFFERENCES IN CERTIFICATION" »

Today, new parents have many things to worry about it such as being financially set for their new addition, the health of their newborn due to birth injuries should not be on their mind.

According to the Massachusetts Department of Public Health, in 2009, Massachusetts residents had 74,966 births. Unfortunately, many of those births could potentially have a birth injury. Birth injuries can occur due to the baby's birth size and weight, the baby's position at birth, prematurity, prolonged or difficulty labor for the mother, a doctor's negligence during prenatal care, or as a result of preventable errors and mistakes on the part of doctors, nurses, or hospitals during the delivery.

There are many types of birth injuries that can have long term or permanent residual symptoms, such as nerve or brain injuries or developmental delays. There are several medical issues that can occur due to a birth injury. One common medial issue due to birth injuries is Cerebral Palsy. The Centers for Disease Control and Prevention estimates that one out of every 280 births will result in a child who suffers from cerebral palsy. The disease affects approximately 800,000 people in the U.S., and is usually diagnosed when the patient is still an infant or toddler.

According to the Massachusetts General Hospital website, Cerebral palsy (CP) is a broad term that describes a group of neurological (brain) disorders. It is a life-long condition that affects the communication between the brain and the muscles, causing a permanent state of uncoordinated movement and posturing. CP may result from several problems, such as lack of oxygen to the brain, genetic conditions, infections, brain hemorrhage, severe cases of jaundice, and injury to the head.

Every child with Cerebral Palsy experiences it differently. The child may have muscle weakness, poor motor control, or have shaking, also called spasticity, of the arms or legs. Muscle stiffness in the form of stiff legs or clenched fists may also be seen. The child could also have spastic movements of limbs or parts of the body, such as one half of the body. A child with Cerebral Palsy could also have issues with balance, Seizures, Vision, hearing, or speech problems, Learning disabilities and behavior problems, Mental retardation, Respiratory problems, Bowel and bladder problems, Bone abnormalities, including scoliosis (a lateral, or sideways, curvature and rotation of the back bones, giving the appearance that the person is leaning to one side).

Recently a family was awarded $58 million dollars in a birth injury medical malpractice case for a doctors' negligence. The doctor had knowledge that the amniotic fluid had dropped by half but waited to perform a Cesarean Section. There was also an assertion that the C-Section was performed poorly. The child has brain damage, severs from seizures and will not be able to talk, walk or eat like a normal child. It is the largest medical malpractice monetary award in Connecticut's history. Out of the $58 million a jury awarded to this disabled boy, $8 million will go toward the child's medical care. Due to his severe condition, the child will need full-time care for his entire life. The other portion of $50 million is for pain and suffering.

Continue reading "NEW ENGLAND CEREBRAL PALSY BIRTH INJURY JUDGMENT HIGHEST IN STATE'S HISTORY " »