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In Boston medical malpractice cases, sometimes the term “never events” gets thrown around. It’s a reference to the types of medical errors that health professionals agree should never happen. And yet, they do. Some examples:doctor5

  • Retained surgical instruments (surgical tools, sponges, etc. being left inside a patient after a procedure);
  • Wrong surgery site (a surgeon performs surgery on the wrong limb, body part, person, etc.);
  • Urinary tract infection from a catheter;
  • Pressure ulcers (Stage III and IV);
  • Falls and trauma;
  • Surgical site infections;
  • Medication error fatalities;
  • Administration of incompatible blood;
  • Air embolisms.

Now, a recent study by Castlight-Leapfrog reveals not only are these events occurring, they are happening with alarming frequency. Although there is always some risk a patient incurs with every type of medical treatment. And just because someone suffers a poor health outcome doesn’t necessarily mean medical malpractice is to blame. However, these “never events” are so egregious for the fact that they are deemed entirely preventable. We know what causes them. We know how to stop them. And hospitals should have procedures and policies in place that are strictly followed by staffers to ensure these kinds of things never happen. Continue reading

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The Iowa Supreme Court has set for retrial the case of Alcala v. Marriott Int’l, Inc., a slip-and-fall case that involves a hotel business guest who was injured after a fall on an ice-slicked walkway on the property. icewalk

Boston residents are well familiar with the phenomenon of ice and snow during the brutal winter months. Of course, it’s not something many want to spend time thinking about at the start of summer, but it’s worth keeping abreast of legal developments on this front because it does affect many in Massachusetts for a good six months out of the year.

In Massachusetts, the 2010 ruling of Papadopoulos v. Target Corp. upended the previous slip-and-fall standard when it came to snow and ice, which was that there was no liability for naturally-accumulated ice and snow, but there was for unnaturally-accumulated ice and snow. The Maine Supreme Judicial Court held that a property owner owed a duty to lawful visitors in both cases to protect them from hazards arising from snow and ice. Whether a property owner’s action is “reasonable” will depend on a myriad of factors, including likelihood of injury, probable seriousness of such injuries and how great a burden it is to reduce or avoid that risk altogether.  Continue reading

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High school students are well known for engaging in many activities that the average adult would not consider safe, or for that matter even a sane thing to do. According to a recent news feature from Lehigh Valley Live, a 14-year-old girl was injured when she jumped out of a moving school bus and hit her head on the pavement. Doctors are worried the teen may have suffered a traumatic brain injury and labeled her condition as “concerning.”schoolbus

Believe it or not, the reason she jumped out of the rear door of a moving school bus is because it is a well-known tradition in the area for students to do this on the last day school each year.  However, one school official said that while the acts do occur, they are not a tradition at this particular school.  He said he is hopeful that other students will learn about the dangers of jumping out of moving school bus and not repeat this same behavior each year. Continue reading

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While everyone is familiar with the video sharing site YouTube, you may not be aware that some people have formed bands that are popular enough to attract fans to concerts they promote themselves via social media.  According to a recent news feature from New York Magazine, two 16-year-old twins who have been making music videos online decided to hold a concert for their fans.

xray-1319306-mTheir fans consist mainly of girls between the ages of 11 and 15.  Their concert was held at a venue they booked, and, at one point during the show, one of the teen performers decided to take his shirt off to show off his abs to his screaming fans.  Witnesses say fans were so excited by the performer taking his shirt off that they started to basically stampede towards the stage to get a better look, and that resulted in 28 people being injured.   Continue reading

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One of the most effective ways to prevent food poisoning is to make sure too keep all food properly refrigerated.  When food is sitting out on the counter or on a hot picnic table, it is in what is known as the danger zone between 40 degrees and 140 degrees Fahrenheit.  Basically, once food is out of the oven and not in the refrigerator, bacteria can be growing, and the longer it stays in that temperature, the more dangerous it will become.

soup-2-1329592As discussed in a recent article from WTOP Health News, one in six people in the United States will become sick from poisoning each year.  This shows how high your risk is, and that risk only gets worse in the summer. The reason for this is because with the intense heat and people eating outdoors more often, bacteria will form a lot more quickly than it will indoors or at other times in the year. Continue reading

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With the weather getting a lot warmer and the days getting longer, more people will be taking to the outdoors for all kinds of fun activities.  Kayaking has become a popular pastime across the nation, including here in the Commonwealth.

kayaks-1533377According to a recent news feature from the Press Herald, rescue workers have just recovered the body of a 14-year-old boy from a river in the New England area.  Authorities say the young victim was riding in a two-person kayak when it capsized.  The other person in the kayak was a friend who was wearing a life jacket at the time of the deadly accident.  The victim was not wearing one, which likely contributed to him drowning. Continue reading

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According to a recent news feature from ABC News, one father is asking police and prosecutors to file charges against staff or owners at his child’s daycare facility after his son came home with abrasions all over his face.

marker-1480659The father said the previous night, two of his children had drawn on each other’s faces with permanent markers.  When he realized what they had done, he did his best to wash off the black marker with soap and water, but, as most people are familiar, it is very difficult to get all the marker off, and it is usually necessary to just wait until it fades on its own.  This can usually take a day or two, but there is no harm caused by the marks other than how it looks. Continue reading

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According to a recent news feature from ABC 6 RTV, a 19-year-old man was at the YMCA pool when he suffered a tragic and untimely drowning death.  His family has subsequently hired a personal injury lawyer and has filed a lawsuit alleging wrongful death, among other counts.

swimming-1403832Authorities say the accident occurred just a few days before Memorial Day and the start of this year’s swim season.  There was a lifeguard on duty, though according to family of the victim, this lifeguard was ultimately part of the problem. The family is arguing that, if the lifeguard was properly trained and capable of doing his job effectively, their son would still be alive. Continue reading

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There is no question that soccer is becoming more popular with both kids and adults throughout the U.S.  However, you may have noticed that a game known as “bubble soccer” is also starting to gain traction.

soccer-net-1504723Like the inflatable sumo wrestling that reached its peak of popularity several years ago, bubble soccer also involves the participants getting inside and over-sized inflatable suit.  Instead of looking like a sumo wrestler, the players are in large plastic bubbles with only their legs sticking out so they can run around.  These soccer bubbles are designed so the participant’s breathing is not restricted, and the game looks like a lot of fun.  It is especially popular at carnivals and parties. Continue reading

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Skiing and snowboarding can be a lot of fun.  There are a lot of people who take to the slopes in Massachusetts and throughout New England each year.  However, while there are good times to be had, these winter sports can result in serious injury or death.

457973__1According to a recent news feature from CBS News, one snowboarder who was involved in a serious accident has decided to help brain injury victims cope with the many changes they will be facing as result of suffering a traumatic brain injury. Continue reading

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Boston Office
1 International Pl Unit 1810
Boston, MA 02110
Phone: (617) 777-7777Fax: (617) 722-9999
Taunton Office
60 Court St
Taunton, MA 02780
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308 Victory Rd
Quincy, MA 02171
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43 Harvard St
Worcester, MA 01609
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