Articles Posted in Medical Malpractice

Massachusetts laws provide nursing home residents with protections when residing in a nursing home or assisted living facility. These residents are entitled to appropriate medical care, a habitable environment, rights to make decisions regarding their care, daily care and attention, and freedom from abuse and neglect. Nursing home facilities that do not comply with these requirements may face liability for injuries that their residents sustain through a Massachusetts nursing home negligence lawsuit.

Despite strict rules and regulations regarding safety standards, many nursing homes barely pass inspections. Others outright engage in prohibited behaviors. Residents may not be able to articulate their injuries effectively, and loved ones must remain vigilant in spotting signs of abuse or neglect. Some common forms of nursing home abuse include:

  • Verbal abuse, such as yelling threats and derogatory comments;
  • Emotional abuse, such as withholding care;
  • Physical abuse, such as shaking, kicking, and punching;
  • Financial abuse, such as unlawfully taking control of a resident’s bank accounts; and
  • Sexual assault.

There are some less obvious signs that abuse may be occurring, such as unexplained weight fluctuations, sedation, unexplained illnesses, depression, and infections. Nursing homes must abide by federal regulations regarding the care of their patients and the condition of their facilities. If they do not, they may face criminal and civil liability.

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Injuries resulting from medical malpractice are very disturbing and can have lifelong effects on the victim and their family. However, pediatric medical malpractice can be even more devastating because, in many instances, the victim cannot articulate their damages or advocate on behalf of themselves. Massachusetts medical malpractice lawsuits are typically complex, and victims and their families should retain qualified and experienced attorneys to handle these lawsuits.

Pediatric medical malpractice lawsuits often stem from birth injuries, misdiagnoses, delayed diagnoses or treatment, medication errors, or mismanagement of symptoms and diseases. For example, the American Academy of Pediatrics states that meningitis is one of the most commonly misdiagnosed illnesses. When medical professionals fail to diagnose or treat meningitis appropriately, the damage may be irreversible and potentially fatal. Furthermore, another frequently mistreated pediatric ailment is appendicitis. Other common conditions, such as urinary tract infections and pelvic inflammatory disease, often mask the symptoms of appendicitis. However, trained doctors and medical professionals should be able to accurately and quickly diagnose appendicitis. A misdiagnosis can cause young children to encounter unbearable pain and lifelong issues.

Finally, medication and vaccine errors can cause young children to experience a severe and potentially irreversible injury. Research indicates that over five percent of pediatric medical malpractice lawsuits occur after a medical professional incorrectly orders a medication, improperly administers a vaccine or medication, or provides incorrect information regarding a dose. For example, recently, a federal appellate court addressed a case in which a premature four-month-old died after receiving his routine vaccines. In that case, medical examiners concluded that the child died as a result of SIDS; however, the incident highlighted the importance of proper administration and follow-up care of particularly high-risk patients, including premature babies.

Medical injuries can have a devastating impact on a patient’s life. If you have suffered as a result of  inadequate or negligent medial care, our malpractice lawyers can help you get the compensation you deserve. This is a difficult area of law, and having a knowledgeable legal advocate on your side can make all the difference in your case. You can trust that we are devoted to fighting for the rights of medical malpractice victims across the state of Massachusetts.

A Massachusetts state jury recently awarded $11.5 million in a lawsuit alleging that a radiologist misinterpreted an X-ray, which directly led to a toddler suffering cardiac arrest resulting in permanent brain damage. Some time afterwards, the family of the toddler filed a case against the radiologist alleging medical malpractice. After an 11-day trial and deliberation lasting two days, a jury found that the radiologist was negligent for not properly diagnosing the patient’s enlarged heart, which appeared on a chest X-ray. The lawsuit alleged that the radiologist’s failure to react to the child’s heart problem properly ultimately caused her to suffer long-term neurological injuries. In other words, the plaintiff’s argued that had the toddler’s heart condition been diagnosed and treated properly, she would not have suffered the heart failure and cardiac arrest that led to permanent neurological injury.

In Massachusetts, medical malpractice takes place when you suffer an injury due to the negligence of a medical professional. In order to establish negligence you must show that the medical professional breached the standard of care, and that the breach caused the injury or damage in question. The standard of care denotes the generally accepted standard of a similarly qualified professional providing the same treatment. As such, the standard of care differs in every case. For instance, a family doctor will be held to a different standard of care than an ophthalmologist. Negligence can occur at various stages of treatment. Examples of medical malpractice can include misdiagnosis, delayed diagnosis, medication errors, surgical mistakes and breaches of informed consent.

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A medical injury can turn your whole life upside down. If you have suffered an injury that you believe was caused by medical negligence, we may be able to help you recover compensation for your harm. At The Law Offices of Barry Feinstein & Affiliates, P.C., our diligent Massachusetts medical malpractice attorneys are devoted to helping victims of medical malpractice understand their rights and options following an injury. We take great pride in providing personalized and detail oriented representation to each and every client.

In Feliciano v. Attanucci, a woman who was 38-and-a-half weeks pregnant went to the hospital in labor. When the woman’s labor slowed down, an obstetrician performed an emergency bedside C-section. Then, another doctor performed a bedside laparotomy and helped in an emergency bedside hysterectomy. Twenty-five hours after being admitted to the hospital, the patient died from hemorrhagic shock, disseminated intravascular coagulation and amniotic fluid embolism.

The decedent’s estate filed a medical malpractice case against the two physicians alleging, among other things, that they failed to recognize the woman’s condition in a timely manner. Medical malpractice takes place when a medical professional fails to use the appropriate level of care, thereby causing injury or death to a patient. The plaintiff provided expert opinion that the defendant’s medical treatment fell below the accepted standard of care, which resulted in the patient’s premature and preventable death.

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If you have been injured due to the carelessness or error of a medical professional, you may be eligible to recover damages through a medical malpractice claim. At The Law Offices of Barry Feinstein & Affiliates, P.C., our seasoned Massachusetts medical malpractice attorneys will analyze the facts of your case and provide you with an honest evaluation of your claim. Medical malpractice is a complex area of law and having the right attorney on your side can be the difference between winning and losing your case.

Earlier this year, a Massachusetts Court of Appeals held that a plaintiff’s future medical damages in a medical malpractice case do not depend on the plaintiff’s past medical expenses. In Larkin v. Dedham Medical Associates, Inc., a husband filed a medical malpractice lawsuit on behalf of his wife and their child against the wife’s primary care doctor. The woman had initially gone to the doctor complaining of being dizzy constantly. An MRI showed that she had a venous varix in her brain although that was not the reason for her dizziness. The MRI results were communicated to the woman’s primary care physician but the physician failed to add it to the “problem list” in her medical file.

Three years later, when the woman became pregnant, the primary care physician never told her obstetricians of her venous varix. This led to the woman not being told that there was a specific risk that the venous varix would rupture during vaginal labor. According to the records, the woman’s obstetricians routinely checked the plaintiff’s “problem list” but were not alerted to the venous varix due to the primary care physician’s failure to make a note of it. Due to the physical stress of vaginal birth that lasted over 20 hours, the woman’s venous varix ruptured. The woman suffered a stroke and ultimately suffered permanent injuries. She lost her ability to walk or care for herself. She now requires around-the-clock care.

When you visit a healthcare provider, you expect to receive competent care. Unfortunately, this does not always happen. If you or someone close to you has been harmed by a medical professional’s negligence, you may be entitled to compensation. At The Law Offices of Barry Feinstein & Affiliates P.C. , our highly skilled Massachusetts medical malpractice attorneys can help you resolve complex medical malpractice claims. With extensive experience, we can help you settle or litigate these claims.

Sadly, medical mistakes are surprisingly common. A study conducted by the American Medical Association found that medical errors are the third leading cause of death in the United States, behind heart disease and cancer. Medical malpractice can happen in a number of ways including, but not limited to:

  • Anesthesiology errors;
  • Diagnostic errors;
  • Surgery errors;
  • Emergency room mistakes and hospital errors;
  • Failure to provide sufficient follow up care;
  • Serious infections;
  • Medication errors;
  • Wrongful death.

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