Boston Injury Attorney Blog

Governor Patrick Urges Healthcare and Medical Malpractice Reform in Massachusetts

Thu, 02 Feb 2012 14:56:46 -0500

Late last month, Massachusetts Governor Deval Patrick urged lawmakers to pass a sweeping overhaul of the healthcare cost system in the state, following up a similar call to action last year. A large part of his reform effort focuses on restructuring medical malpractice laws in the state. As part of his state of the state address last month, Patrick called for an end to the "fee-for-service" model currently used, which rewards medical providers for the amount of care provided, rather than the quality of care. Governor Patrick also stressed that lawmakers need to amend medical malpractice laws in Massachusetts, making it more difficult to bring suit for medical malpractice and to ultimately prevail. Despite lobbying for a similar overhaul last year, there was no remarkable change to medical malpractice law or healthcare cost systems in Massachusetts. The Governor hopes his latest efforts will bring about more legislative action.

According to Senate President Therese Murray, however, Governor Patrick's renewed proposals again face many roadblocks. Murray told the State House News Service, "It's a very difficult piece of legislation because we don't want to harm our health care institutions. They're the number one driver of our economy." Similarly, House Speaker Robert DeLeo would not commit to getting a bill done in the next three months, stressing that a reform to medical malpractice laws and healthcare cost systems are large-scale changes that can greatly affect the healthcare system, and economy, as a whole. The disagreement between legislators surrounding health laws in the state is not novel, as these issues have escaped consensus on Beacon Hill for many years.

Pursuant to Governor Patrick's medical malpractice legislation, he is calling for laws aimed at decreasing the use of "defensive medicine" and reducing expensive lawsuits by encouraging reconciliation between doctors and patients, before legal action is taken. Because of the high-risk of a lawsuit, doctors who commit medical malpractice are often hesitant to admit fault and address errors. Governor Patrick's proposed legislation hopes to change this sentiment, allowing Massachusetts doctors to say "I'm sorry" without risking their apology being admitted as evidence against them in a med malpractice lawsuit. Additionally, in an effort to curtail frivolous suits, the bill also calls for a 180-day "cooling off period" before a medical malpractice suit can be brought. All of these laws would make medical malpractice suits more difficult to bring and ultimately win. They would, however, allow doctors to practice without the constant fear of a lawsuit and admit mistakes without automatic penalty.

Many of the world's best medical professionals, facilities, and care providers are located in Greater Boston. Yet, even the most skilled medical providers and doctors commit medical errors. Many times, legal redress is available to patients who receive substandard care. The Boston, Cambridge, and Quincy medical malpractice attorneys at Bellotti Law Group have successfully handled many cases involving medical malpractice. Call our medical malpractice lawyers at 617-225-2100 for a free consultation.

While these proposals reflect the modern interest of reforming healthcare legislation and practice, it is unclear what effect if any they will have on reducing medical malpractice suits, especially when the injuries are serious and causally related to the medical provider's negligence. Medical malpractice stems from the failure of a medical doctor or medical professional to perform competently when treating a patient. This substandard treatment results in a personal injury or substantial loss, such as income or life enjoyment, to the victim. If a doctor in Massachusetts does not practice the amount of care and skill that another physician or surgeon in the same field under similar circumstances would provide, or if they fail to follow certain medical standards in Massachusetts, a medical malpractice suit may be in order.

The effects of medical malpractice can be devastating for victims and their families--physically, emotionally, and financially. We will work with you to help get your medical bills paid and your life back on track. Bellotti Law Group serves Greater Boston, Cambridge, Quincy, Braintree, Brookline, Newton, the South Shore, and all of Massachusetts. Our offices are located in Cambridge and Quincy. Contact us today at 617-225-2100 or toll-free at 800-334-3476.

Boston Public Health Commission Finds High Risk for Pedestrian Accidents, Offers Safety Tips

Tue, 24 Jan 2012 16:59:40 -0500

Recently, the Boston Public Health Commission's "Walk This Way" study found that there are around 2 million pedestrians walking around Boston daily. Although Boston is often lauded as a pleasant walking city, the high volume of vehicular and pedestrian traffic creates an increased risk of pedestrian accidents. In fact, according to the BPHC, every day there are three pedestrian accidents in Boston alone.

The BPHC's Walk This Way initiative provides pedestrians in and around Boston with some helpful safety tips to minimize the risk of pedestrian accidents, which often result in personal injury and/or death. In the year before Walk This Way was launched, 1,166 pedestrians were taken to the hospital following a car accident in Boston. Since the initiative began, the number of pedestrian accidents has decreased. Nonetheless, drivers and pedestrians in Boston do not always practice safe travel habits that can reduce the number of pedestrian accidents even further.

According to Walk This Way, only 12% of pedestrians in Boston waited for the "Walk" signal before crossing the street and 1/3 of pedestrians frequently jaywalk. Perhaps the most staggering statistic was that while 95% of drivers yield to pedestrians who have the right of way, only 50% of drivers yielded to pedestrians crossing against the light and even fewer slowed down for jaywalkers.

The majority of pedestrian accidents are the result of a driver's negligence, including disregarding traffic laws and road signs, texting while driving, speeding, failing to yield to pedestrians, or simply not paying attention to the road. Unfortunately, insurance companies often attempt to fault the pedestrian to avoid payment. Consequently, a swift and thorough investigation of the motorist is in order and victims of a pedestrian accident should seek skilled and experienced legal representation as soon as possible. The Boston personal injury attorneys at Bellotti Law Group have successfully handled hundreds of pedestrian accident cases. Our Boston, Cambridge, and Quincy personal injury lawyers will work diligently to get your medical bills paid and your life back on track. Contact us at 617-225-2100 for a free consultation.

The BPHC has published a list of helpful safety tips for both drivers and pedestrians that can help to greatly reduce the number of pedestrian accidents in the congested streets of Boston, Cambridge, Quincy, and all of Massachusetts.

Safety Tips from the BPHC for Pedestrians:

- Always use the crosswalk.

- If you're at a crosswalk with a traffic light, push the button and wait for the "Walk" signal.

- If you're at a crosswalk without a traffic light, you have the right of way. However, make sure approaching drivers see you and come to a complete stop before you cross.

- On roads without sidewalks, walk on the left side of the road, facing traffic.

- Watch for cars backing out of parking spaces and driveways.

Safety Tips from the BPHC for Drivers:

- Pedestrians have the right of way in crosswalks without traffic signals.

- Drivers should always yield to pedestrians on turns. Special challenges arise when children and elderly cross the streets, such as visual limitations, increased distractions and slower pace.

- Take your time. Speeding and reckless driving are factors in nearly 23% of motor
vehicle crashes, and doesn't usually save you much time in the long run.

Bellotti Law Group serves Greater Boston, Cambridge, Quincy, Braintree, Brookline, Newton, the South Shore, and all of Massachusetts. Our offices are located in Cambridge and Quincy. Contact us today at 617-225-2100 or toll-free at 800-334-3476.

Minimizing Distracted Driving Accident Risks Nationally and in Massachusetts

Wed, 18 Jan 2012 12:02:22 -0500

Last month, the National Transportation Safety Board (NTSB) recommended a full national ban on the use of cell phones, including non-emergency calls and text messaging, while driving. If adopted by states, including Massachusetts, any use of either hand-held or hands-free devices while driving will be entirely banned.

The NTSB is fervently recommending the total ban on cell phones as distracted drivers and car accidents are responsible for an increasing number of car accident injuries and deaths, in Massachusetts and across the nation. The NTSB fears that as the number of portable smart phone users continues to dramatically increase, the risk of car accidents because of their use while driving will follow.

In a study released by the National Highway Traffic Safety Administration (NHTSA), at any given time during the day, a staggering 13.5 million drivers are on hand-held phones. The NHTSA claims that last year alone, distracted driving was blamed for at least 3,092 fatalities on the road. In Massachusetts, there were over 400 reported car crashes where cell phone usage was deemed a contributing factor. Those numbers, in Massachusetts and on the national stage, are likely higher in reality, where distracted drivers involved in car accidents are often hesitant to confess cell phone use, especially when personal injuries and/or fatalities result. According to NTSB member Robert Sumwalt, "This (distracted driving) is becoming the new DUI. It's becoming epidemic." In fact, distracted driving has become so prevalent that accident investigators, in Massachusetts and across the nation, now often seek protective orders to preserve cell phones as evidence.

Pursuant to current Massachusetts law, there is a complete ban on texting-while-driving. Any motorist caught texting behind the wheel faces a $100 fine for a first offense and up to $500 for repeat offenses. The law is even more stringent for teen drivers, who most frequently practice the unsafe habit. Adolescent drivers under age 18 who are caught texting will be fined $100 and lose their license for 60 days. Massachusetts was the 30th state in the nation to launch a texting ban. According to Senator Steven A. Baddour of Methuan, Massachusetts, Chairman of the Joint Committee on Transportation, "This law sends a clear message to all drivers regardless of age that when behind the wheel, your primary focus should be driving." Boston personal injury attorney Peter Bellotti agrees with this sentiment, adding that "as smart phone use continues to be more and more prevalent, we must remember that when we're behind the wheel, our focus should be on driving to minimize the risk of car accidents."

The car accident attorneys at Bellotti Law Group are well aware of the risks of personal injury and/or death associated with distracted driving. Most often, personal injuries from motor vehicle accidents are the result of another driver's negligence. The personal injury lawyers at our firm are well versed in the law and experienced in obtaining the compensation deserved by drivers injured as a result of another's negligence. We ensure that your medical bills and paid and normalcy is restored to your life. We work with insurance companies to obtain the best possible settlement and if necessary meticulously prepare to litigate on your behalf.

Bellotti Law Group has successfully handled thousands of cases in Boston, Cambridge, Braintree, Quincy, the South Shore and all of Massachusetts. Contact us today at 617-225-2100 or toll-free at 800-334-3476. You can also contact us through our online form and we will promptly respond.

Drunk Driving Death Puts Boston Man In Jail for Five Years

Fri, 30 Dec 2011 10:51:46 -0500

A Boston, Massachusetts man has been sentenced to five years in jail following a 2010 car accident, in which he struck and killed a pedestrian after drinking and driving.

Prosecutors say that the 25-year-old man was leaving a concert at the TD Garden in Boston, when he hit the young man, who had recently graduated from Northeastern University. The driver, who was also speeding, fled from the scene of the drunk driving accident. Three months later, he was apprehended with the help of video surveillance. In addition to the five-year sentence, the man also had his license revoked for 15 years. The man pleaded guilty to motor vehicle homicide while under the influence of alcohol, operating under the influence (OUI), and leaving the scene of an accident.

In Massachusetts, like other states, operating under the influence (OUI) is a serious crime. A driver is considered to be under the influence of alcohol if he has at least a .08 blood alcohol content (BAC). In the event a driver injures or kills another person while operating a vehicle while under the influence of alcohol, more severe criminal charges will be brought. A driver charged with operating under the influence (OUI) can face harsh consequences, including jail time and/or hefty fines.

In addition to criminal charges for OUI, as seen in the case above, a driver may have his license suspended or revoked. Whether or not a license is suspended or revoked following an OUI arrest often hinges on specific circumstances. In Massachusetts, if a driver arrested for OUI refuses a breathalyzer, his drivers' license will automatically be suspended for at least 180 days. If the offending driver has three or more OUI convictions, his license may be revoked for life. If the driver does submit to a breath test and ultimately has a BAC of .08 or higher, the driver's license will be suspended for at least 30 days.

Police officers are always looking out for drunk drivers, especially around the holidays. If you have been charged with OUI, contact the experienced Quincy and Cambridge criminal lawyers at Bellotti Law Group. Our criminal attorneys can inform you about your rights and help you avoid an OUI conviction and/or minimize its unpleasant consequences.

An OUI charge can be overwhelming, emotionally and financially. At Bellotti Law Group, clients can ease their concerns and turn over their fears our experienced Greater Boston drunk driving lawyers. We address the legal and financial details while you and your family focus on moving on with your lives. We pride ourselves in partnering closely with clients and working to understand their individual concerns to help obtain the best solution.

Massachusetts Drunk Driving Accidents Highlights Need for Safe Holiday Travel

Fri, 23 Dec 2011 13:32:10 -0500

Earlier this week, a pedestrian accident claimed the life of a Haverhill, Massachusetts woman, when a 37-year-old drunk driver ran her car into the victim. The woman was killed outside of Heavenly Donuts in Haverhill, when the car struck her from behind. The drunk driver was arrested at the scene of the car accident and charged with operating under the influence (OUI) and motor vehicle homicide.

In recent weeks, Massachusetts has seen several fatal drunk driving accidents.

Earlier this month, a 22-year-old Haverhill woman and Framingham State University student was charged with operating under the influence and motor vehicle homicide after killing a fellow Framingham State student on Badger Road. Three passengers in her car sustained serious personal injuries. The college student was arraigned this week in Framingham District Court and faces charges of vehicular homicide and operating under the influence (OUI) causing serious bodily harm.

In Massachusetts, operating under the influence (OUI) is a rigorously enforced crime. A driver is considered to be under the influence of alcohol if he has at least a .08 blood alcohol content (BAC). If a driver refuses a breathalyzer after an OUI arrest, his drivers' license will automatically be suspended for at least 180 days. If he has three or more prior OUI convictions, his license may be revoked for life. On the other hand, if the driver submits to the breath test and has a BAC of .08 or higher, his license will be suspended for at least 30 days.

OUI charges and pedestrian accidents should be faced with the assistance of savvy and experienced Boston personal injury lawyers and Boston criminal defense lawyers. At Bellotti Law Group, our personal injury and criminal defense attorneys have represented both victims and those involved with criminal cases and investigations.

At Bellotti Law Group, our Boston personal injury lawyers and Boston criminal defense lawyers have the knowledge, experience, and legal acumen to represent your interests both as an injured plaintiff and a criminal defendant.

Bellotti Law Group serves Boston, Cambridge, Braintree, Quincy, the South Shore and all of Massachusetts. We have offices in Cambridge and Quincy. Contact us today at 617-225-2100 or toll-free at 800-334-3476. You can also contact us through our online form and we will promptly respond.

Waltham Pedestrian Accident Results in Death, Homicide Charge

Fri, 16 Dec 2011 14:56:17 -0500

Earlier this month, a 29-year-old Waltham, Massachusetts woman was arrested and charged with homicide, following a hit-and-run pedestrian accident that killed a 39-year-old Massachusetts man. The woman was arraigned at Middlesex Superior Court in Woburn. The woman also faces other criminal charges of reckless vehicular homicide, driving without a Massachusetts driver's license, driving to endanger, leaving the scene with property damage, leaving the scene with personal injury, using a motor vehicle without authority, speeding, failure to stop at a stop sign, and failure to stop for a pedestrian at a crosswalk.

The pedestrian victim, a 39-year-old Waltham man, died after being treated at Mass General Hospital. He was crossing at the intersection of Church and School streets in Waltham when he was struck by the speeding vehicle. The victim suffered catastrophic injuries to his head, leg, and internal organs, which resulted in his death. Waltham police later found the vehicle involved in the pedestrian accident parked at the driver's home.

In some cases, a driver may face criminal charges if his/her actions go beyond mere negligence. Driving at excessive rates of speed, driving recklessly, leaving the scene of an accident, and driving without a valid license are all examples of activity that may escalate a situation to the criminal level.

These situations are best addressed with the assistance of an experienced Boston personal injury lawyer and Boston criminal defense lawyer. At Bellotti Law Group of Cambridge and Quincy, our personal injury and criminal defense attorneys have represented both victims and those involved with criminal cases and investigations.

At Bellotti Law Group, our Boston personal injury lawyers and Boston criminal defense lawyers have the knowledge and experience to represent your interests both as an injured plaintiff and a criminal defendant. We will appear with you in court and should the case fail to resolve prior to trial, our attorneys are prepared to represent you in front of a jury and put you in the best position for a good outcome.

Bellotti Law Group serves Boston, Cambridge, Braintree, Quincy, the South Shore and all of Massachusetts. Contact us today at 617-225-2100 or toll-free at 800-334-3476.You can also contact us through our online form and we will promptly respond.

Criminal Charges Likely for Massachusetts College Students After Fight

Fri, 09 Dec 2011 15:17:26 -0500

Last week, nine Massachusetts college students were expelled after an apparent assault and battery that was captured on video and posted on the Internet. At least one of the students involved, who attended Dean College in Franklin, Massachusetts, will likely face criminal charges. Dean College is located about 40 miles southwest of Boston. According to Franklin Deputy Police Chief Stephen Semerjian, charges will likely include assault and battery with a dangerous weapon and unarmed robbery.

The attack began when a group of college students confronted another student over a pair of sneakers. The confrontation escalated and one of the students repeatedly punched the victim, while others watched and recorded the attack. Dean College immediately expelled the student shown punching the victim and later expelled eight other students who were present. Franklin police are still investigating the incident. Deputy Police Chief Semerjian told the Boston Globe that "there absolutely will be [criminal] charges once we finish everything up."

Massachusetts is home to many colleges and universities. While college is a time for personal, social and professional growth, many college students will be exposed to situations where legal trouble can easily arise.

As a result, some college students may face criminal charges for the first time in their lives or find themselves involved in a police investigation. This is distressing because these situations may come with the threat of conviction and incarceration.

Students may also face the possibility of suspension or expulsion from their university. Often times, this hinges on the outcome of the criminal case.

There can be financial consequences as well. Some educational institutions will insist on payment of tuition for an entire semester or school year, despite suspending or dismissing the student as a disciplinary measure. In other cases, schools have stripped implicated students of received scholarship money because of an outside legal matter.

These situations are best addressed with the assistance of an experienced Boston criminal defense lawyer. At Bellotti Law Group of Cambridge and Quincy, our criminal defense attorneys have represented students of many area schools, colleges, and universities around Boston, Cambridge and Quincy, when those students have been involved with criminal cases and investigations. We are experienced in working with officials at many colleges, including Boston University, Boston College, Northeastern, Tufts, MIT, Harvard and others.

At Bellotti Law Group, our Boston criminal defense lawyers have the knowledge and experience to represent your interests both with school proceedings and the criminal case. We will appear with you in court and at school disciplinary and administrative proceedings. Should the case fail to resolve prior to trial, our attorneys are prepared to represent you in front of a jury and put you in the best position for a good outcome.

Massachusetts Pedestrian Accident on Rte. 128 Kills Billerica Man

Fri, 02 Dec 2011 12:24:55 -0500

Earlier this week, an 18-year-old Billerica, Massachusetts man died after being struck by a vehicle on Route 128 South in Lynnfield, near the Route 1 tunnel, north of Boston. A 17-year-old Massachusetts woman, also from Billerica, sustained severe personal injuries following the pedestrian accident. Massachusetts State Police and Lynnfield Police and Fire responded to the scene. The teens were rushed to Massachusetts General Hospital following the accident.

According to the state police, the young man died at the scene and the young woman was left suffering from life-threatening personal injuries. Traffic was halted on Rte. 128 South and nearby on-ramps were closed as a result of the motor vehicle accident. The Massachusetts State Police report noted that the two teens were occupants of a car that had stopped in the median of Rte. 128 South, when they "exited the vehicle and were standing in the travel lane when they were both struck by a second vehicle." The pedestrian accident remains under investigation. Troopers with the State Police Detective Unit and the Collision Analysis and Reconstruction Section, plus the Crime Services Section, are among those investigating.

Pedestrian accidents are a growing concern in Massachusetts. According to the Massachusetts Office of Public Safety and Security, nearly 1/4 of all motor-vehicle related fatalities in Massachusetts involve pedestrians. Non-fatal pedestrian injuries are even more common. The National Highway Traffic and Safety Administration notes that a pedestrian injury occurs once every 8 minutes.

Most pedestrian accidents are the result of a driver's negligence. Pursuant to Massachusetts law, pedestrians are granted the "right of way" when walking along roadways, especially inside crosswalks. Drivers must be cognizant of pedestrians, slow down, and pass only when safe to do so. Pedestrians must also exhibit reasonable caution when crossing roads. All drivers have a duty to drive carefully and attentively, especially in areas of high foot traffic. If a motorist breaches this duty and causes an accident, he can be held negligent and liable for damages caused by the accident. Additionally, all pedestrians are urged to walk in designated safe areas and to cross busy roads only in crosswalks, after carefully ensuring it is safe to cross, to minimize the risk of a pedestrian accident.

"The holidays are an especially dangerous time for pedestrian accidents, as traffic increases, the days get darker and the weather changes," said Boston personal injury lawyer Peter Bellotti. "More drivers are on the road for holiday shopping and gatherings and are not as focused on obeying traffic laws as they should be."

If you have been injured, contact the experienced Quincy and Cambridge pedestrian accident lawyers at Bellotti Law Group. Our Massachusetts pedestrian accident lawyers can inform you about your rights to seek compensation, including medical expenses, lost wages and pain and suffering.

Bellotti Law Group serves Boston, Cambridge, Braintree, Quincy, the South Shore and all of Massachusetts. Our offices are located in Cambridge and Quincy. Contact us today at 617-225-2100 or toll-free at 800-334-3476.You can also contact us through our online form and we will promptly respond.

Natick, Massachusetts Real Estate Broker Fined $41K for Asbestos Violations

Tue, 22 Nov 2011 12:48:12 -0500

Last month, the Massachusetts Department of Environmental Protection (DEP) levied a $41,235 fine against a Natick real estate broker for improper asbestos removal from a Worcester home built in 2009. The fine came after the broker improperly hired the home's general contractor, who lacked the requisite license, to remove asbestos insulation. DEP inspectors discovered that the asbestos had not been properly removed, handled, packaged, or labeled after visiting the home and the storage facility where the asbestos was transferred in Upton, Massachusetts. In addition to the hefty fine, the agency required the broker to hire a licensed asbestos contractor to remove additional asbestos from the home's basement and to decontaminate the storage facility.

Massachusetts workers, tenants, and the general population are protected by a plethora of Federal and Massachusetts safety regulations to minimize the risks of asbestos exposure. Often, these regulations require following specific and detailed protocols. Martin Suuberg, director of the DEP's regional office in Worcester, told the Metro Daily West that "contractors and operators involved with building renovation work must be fully aware of their responsibilities." He went on to note that "as this case illustrates, noncompliance with the asbestos regulations will result in significant penalty exposure."

Asbestos removal is highly regulated under Federal and Massachusetts state laws. If asbestos is in good condition and does not pose an imminent health risk, there are no laws that explicitly require its removal. However, homeowners and contractors are required to keep asbestos in good repair to prevent releases of visible or particulate asbestos emissions. If a renovation or repair activity could potentially cause damage to asbestos material, laws require that the asbestos be removed prior to the activity. A state-certified asbestos consultant should be hired to determine if asbestos is present and whether removal is necessary. Only licensed asbestos contractors and consultants may be hired to perform asbestos-related work in Massachusetts.

There is a single notification form to file with the Massachusetts Department of Environmental Protection and the Department of Occupational Safety prior to any asbestos removal. The DEP requires notification for any asbestos handling project, including disposal, at least ten working days prior to conducting any asbestos-related work. Additionally, under DEP regulations, most construction/demolition projects require a ten working day notification prior to beginning the job, regardless of whether it involves asbestos. It is important to note that all asbestos waste materials must be sealed in leak-tight containers prior to disposal. Additionally, proper identifying and warning labels required by DEP, DOS, OSHA, EPA, and DOT must be displayed on the container. Finally, asbestos is regulated as a special waste and must be disposed in an approved landfill that accepts asbestos-containing waste material.

The dangers asbestos exposure poses, particularly mesothelioma, are well known. According to Boston attorney Peter Bellotti, "Massachusetts and Federal regulations regarding the handling, labeling, transportation, and disposal of asbestos are stringent because of the many health risks asbestos presents." Consequently, it is imperative that homeowners and contractors adhere to the guidelines to avoid personal injury and medical complications. Historically, many Massachusetts workers and homeowners were unwittingly exposed to the dangerous material. Today, safety regulations are in place to avoid the health risks asbestos presents.

If you have been diagnosed with a medical condition, particularly mesothelioma, after being improperly exposed to asbestos, there exists legal redress. However, it takes skilled and knowledgeable legal professionals to navigate this complex area of law. The lawyers at Bellotti Law Group will employ their full dedication, experience, and legal acumen to your case. You don't have to face the legal system alone. Contact BELLOTTI LAW GROUP today to discuss your case and options or fill out our contact form.

Jury Awards $20.6M After Defective Product Kills Andover, Massachusetts Woman

Tue, 22 Nov 2011 09:23:50 -0500

A Salem Superior Court jury has ordered the retail store Toys "R" Us to pay $20.6 million to the family of an Andover, Massachusetts mother who sustained life-ending personal injuries after an in-ground pool slide sold by the retailer collapsed. The defective product was never properly tested before or after it was imported from China by the national chain and was sold to customers. The product that caused the fatal injuries was sold by Toys "R" Us via amazon.com. According to court records, more that 4,000 untested pool slides were sold by the national chain nationwide. The verdict was the largest ever awarded by an Essex County jury and one of the highest in Massachusetts this year. The verdict included $2.5 million for future lost wages, $100,000 for pain and suffering, and a staggering $18 million in punitive damages.

The deceased woman was just 29-years-old and the mother of a young daughter, when she sustained the fatal injuries during a pool party in Andover, Massachusetts. The victim climbed to the top of the 6-foot slide and slid down head first, when the defective product collapsed, sending the victim head-first into the edge of the pool. Sadly, she sustained a broken neck and was left paralyzed and unable to breathe. The woman died the next day at a Boston, Massachusetts hospital. The plaintiff's attorney, Thomas Smith, told the Eagle Tribune that the woman's husband "felt that there was a wrong done, and he is pleased that the jury recognized that. This product should not have been sold." Smith later added that he hopes the large verdict, particularly the punitive damages, reminds retailers "to make sure, not just for toys but for all products, that they comply with our laws and that they are safe." Unfortunately, the Massachusetts woman in this case was not the only victim of injuries caused by the defective slide. Earlier this year, a man was left paralyzed when the same pool slide, purchased from Walmart, collapsed. In that case, a lawsuit against Walmart and the product's manufacturer is still pending.

Under federal and Massachusetts state laws, a product liability claim for injuries sustained from an unreasonably dangerous product can be founded on one of five negligence-based legal grounds. Claims can be advanced against manufacturers of defective products and sellers of defective products. First, if a product is unreasonably dangerous in its intended use, or during a reasonably foreseeable misuse, the manufacturer may be held liable for a defective product design. Second, if a product is made more dangerous due to a manufacturing flaw, a claim for a manufacturing defect can be advanced. Third, if a product cannot be made entirely safe (such as lawnmowers, snowblowers, electric heaters, etc.), the manufacturer must provide adequate warnings of the dangers associated with any foreseeable use. Failure to provide an adequate warning may result in liability for damages. Fourth, a manufacturer may be held liable for breach of warranty if a product does not conform to an express statement or if a product is not fit for the ordinary purposes for which such products are used, on an implied warranty basis. Lastly, a manufacturer may be held strictly liable if a defective and unreasonably dangerous product is sold.

In this case, there was a small warning not to slide head-first on the product. However, since this was a reasonably foreseeable misuse, the slide should have been tested for such use and should not have been sold without a reasonably safe design. Additionally, there exists federal standards for pool slides in particular, which require slides to support weight up to 350 pounds without "deformation." The defective slide here did not meet those standards. According to Boston attorney Peter Bellotti, "This tragedy is a sobering reminder for manufacturers and retailers alike, that federal and state safety laws must be followed to minimize the risk of personal injury and/or death because of a defective product. Proper testing of products should always be conducted before goods are placed into the stream of commerce."

The Massachusetts personal injury lawyers at Bellotti Law Group are experienced in handling cases involving defective products. We have served Greater Boston for 20 years and are conveniently located in Cambridge and Quincy. If you have been injured, it is important to learn your rights for seeking compensation. For a free consultation, contact us today at 617-225-2100 or 800-334-3476 or use our contact form.

Medical Malpractice for Failure to Respond to Medical Alarms at Massachusetts Hospital

Fri, 14 Oct 2011 10:25:32 -0500

The UMass Memorial Medical Center has recently increased its efforts to identify and combat negligent nursing care, which has resulted in the preventable patient deaths at the hospital. The initiative came after the Massachusetts hospital became aware of the problem called "alarm fatigue," where nurses are unconsciously tuning out patient monitor warning alarms after persistent exposure to their sights and sounds. In Massachusetts, at least two patient deaths at UMass Memorial Hospital and one at Massachusetts General Hospital have been attributed to alarm fatigue and inadequate nursing response to patient crises. Alarm fatigue has also been linked to serious personal injuries and medical errors.

Earlier this fall, the second patient death in four years involving alarm fatigue occurred at Umass Hospital. In that case, a 60-year-old Massachusetts man died in the intensive care unit after alarms signaling heart and respiratory distress were disregarded for nearly an hour. Massachusetts state investigators found that the death occurred in August 2010, but was not reported to the Department of Public Health until the following spring. Investigators cited various violations by the UMass Memorial Medical Center, including not responding to patient warning alarms "in a timely manner." Four years ago, similar nursing negligence was blamed for another preventable death, when nurses at the hospital ignored alarms that warned of an elderly Massachusetts man's cardiac maladies. In the ensuing Massachusetts Department of Health report, it was found that the decedent's monitors were sounding alarms for over an hour, warning that his heart rate and breathing had sped up and his blood oxygen level had fallen. This was followed by a higher pitched "critical alarm," which warned that the patient had stopped breathing. Investigators noted in the report that "there was no evidence that nursing had responded to the alarms during this period of time."

According to the Boston Globe, "alarm fatigue" is not a problem limited to nurses and hospitals in Massachusetts. In fact, a recent study shows that nationwide this type of medical malpractice has led to at least 200 patient deaths since 2005, and likely hundreds more that were not correctly reported. Maria Cvach, an assistant director of nursing at Johns Hopkins Hospital in Baltimore and specialist on medical alarm fatigue told the Globe that, "I don't think any hospital has fully solved this problem." The UMass Medical Center is now taking steps to eradicate the issue, informing the Massachusetts Department of Public Health that it is actively taking steps to improve patient care. These include monthly drills in the intensive care unit, where nurses are timed in responding to patient alarms. The hospital has also held seminars on preventing this type of alarm fatigue in Massachusetts and on the national stage. One proposal is for advanced monitoring devices, which more accurately gauge the seriousness of a patient's condition before sounding alarms. Theresa Gallivan, associate chief nurse at Massachusetts General Hospital, told the Globe that she is a proponent for more advanced monitoring devices, which will reduce the number of false alarms and allow nurses to respond more efficiently to actual crises. According to Gallivan, though, "there is a mismatch of technology and what we are trying to achieve.''

While it is impossible to preserve the lives of every patient, recipients of medical treatment are entitled to attentive and adequate care by healthcare professionals. Boston medical malpractice lawyer Peter Bellotti notes that "healthcare professionals are held to a particularly high standard of care, since their actions can quite literally determine whether or not a patient survives. If this standard of care is not met, responsible individuals may be deemed negligent."

Boston, Massachusetts Woman Falls Through Roof

Wed, 12 Oct 2011 10:26:59 -0500

Last month, a Boston, Massachusetts woman sustained life-ending personal injuries after falling five stories through a skylight on the roof of a South Boston office building, located at 281 Summer Street. Boston police and the Suffolk County district attorney's office are now investigating the incident. Officer Eddy Chrispin told the Boston Globe that the fatal fall appeared to be accidental and likely did not involve drugs or alcohol. Boston police did note, however, that the building's roof was not readily accessible to inhabitants. The Suffolk district attorney's office refused to identify the victim of the fatal fall, noting only that she was in her early 20s. Thus far, no premises liability charges have been brought against the New Jersey-based owners of the building, Normandy Real Estate Partners. However, the company is cooperating with investigators in Massachusetts to determine the cause of the accident. Although this tragedy seems rare, it follows another fall through a skylight in Massachusetts this past spring, when a young man fell through a skylight on a roof in Brookline. In that case, the victim was more fortunate, sustaining only minor personal injuries.

According to Massachusetts state and federal law, building owners have a duty to keep their property reasonably safe and free of hazards that are known or should be known to potentially cause personal injury. Failure to maintain safe premises can result in liability for property owners and/or property management companies. The duty to secure property not only includes the removal or repair of hazards, but precluding access to unsafe areas, like building rooftops, if there exists an unreasonable risk of injury by entering the area. To avoid premises liability for personal injury and/or death, building owners are required to at least provide adequate warning of such dangers. If property owners or management companies have negligently failed to maintain safe premises or provide adequate warning, they can be held liable for any damages. Boston attorney Peter Bellotti notes that "often, visitors of property have no way of knowing about potential hazards that exist on the premises. Thus, by law, property owners, and possibly property management companies, have a duty to reasonably secure the premises to minimize the risk of personal injury. At the very least, adequate warnings should be given to safeguard against tragic accidents like this recent fall."

Under Massachusetts state and federal law, the exact duty owed to injured parties on premises varies with the class of the victim. For social guests and customers of a business, a property possessor has a duty to protect from all conditions concealed from the guest and known in advance by the property possessor. In short, the possessor of property must protect visitors of his property from defects to the extent of a reasonably prudent person. Pursuant to this case, a reasonably prudent person would likely not allow visitors on the roof of an unsecured building. A landlord may also be responsible for breach of warranty of habitability if the property is not maintained up to building code. If there exists a breach of warranty, both tenants and their guests can potentially recover for injuries sustained on the property. These issues will have to be explored further to determine if there existed any liable at the hands of the property owners in this case.

Massachusetts "Graduated Licensing Law" Aimed at Reducing Teen Accidents

Fri, 07 Oct 2011 14:07:54 -0500

Nearly all drivers can remember the excitement and responsibility that comes with obtaining a driver's license. While gaining the right to drive in Massachusetts is undoubtedly a celebrated right of passage for many Massachusetts teens, statistics show that adolescent drivers are at a much higher risk for car accidents and personal injuries behind the wheel. The Massachusetts "Graduated Licensing Law/Junior Operator's License" aims to reduce to number of teenage driving injuries and deaths in the state, by requiring drivers under age 18 to follow a three-step process before obtaining a full driver's license.

According to the Massachusetts Department of Transportation, motor vehicle accidents are the number one killer of teens in the United States. Further, new drivers are four times more likely to be killed and 14 times more likely to be injured than any other group. Boston attorney Peter Bellotti notes that "while speed and inexperience are the two most common causes for teen car accidents and fatalities, other contributing factors like peer pressure and texting while driving add to the increased risk." Still, because inexperience behind the wheel remains the most publicized risk factor, Massachusetts employs a graduated licensing program to ease teens into full driver's licensure.

The first step for Massachusetts adolescents over age 16 is to apply for a learner's permit. This requires a visit to a Massachusetts Registry of Motor Vehicles office, where the teen must sit for a learner's permit test. The test consists of 25 multiple choice questions regarding traffic laws in the state and the examinee must answer at least 18 questions correctly to obtain a learner's permit. This permit allows drivers a 6-month minimum period, with some restrictions, to begin practicing their driving skills. These restrictions include not driving alone (permit holders must have another licensed driver over age 21 in the vehicle) and not driving between the hours of 12:30 a.m. and 5:30 a.m., unless accompanied by a parent or legal guardian.

The second step, which must be completed during the learner's permit window, requires completing a Massachusetts drivers education program. The class must be state approved and include 30 hours of classroom time, 12 hours of actual driving, and 6 hours of "in car" observation. The applicant must also complete 40 hours of outside driving with a licensed parent or guardian.

The third and final step for drivers under age 18 is to obtain a Massachusetts "junior drivers license" by passing a road test. This junior license allows a driver to be on the road without a supervising driver, but other restrictions are imposed. The curfew is still in place until age 18, and junior license holders cannot have any passengers under age 18 in their vehicle, unless they are immediate family members or a supervising driver is also present. If a clean driving record is maintained for 6-months while holding a junior license, the license can be upgraded to a full Massachusetts driver's license, without restrictions. Failure to follow these rules, however, can result in a fine or suspension of a junior license.

It is encouraging to see that Massachusetts employs the Graduated License Law in an effort to combat teen driving injuries and fatalities and to make Massachusetts roads safer for all motorists. Still, parents should always encourage their teens to practice safe driving, avoid speeding, distractions such as texting while driving, and to limit driving with other adolescents while they are honing their skills behind the wheel. A Massachusetts Drivers Manuel can be obtained here, to learn more about traffic laws and driving guidelines in the state.

Unsecured Cargo Accident Kills Lynn, Massachusetts Man on 1-93

Thu, 06 Oct 2011 22:26:52 -0500

Tires flying from the bed of a truck on I-93 were to blame for a fatal car accident in Medford, Massachusetts, which claimed the life of a 27-year-old man from Lynn. The motor vehicle accident occurred just before 3 p.m. on September 19, near Exit 30 in Somerville. The 400-pound tire fell off the bed of the truck, bounced over the barrier, and collided with the victim's vehicle in the northbound lane.

Medford firefighters rushed to the scene, but were not able to save the man's life. According to The Boston Globe, car was wedged between the north and southbound lanes of traffic on Interstate 93 when the Jaws of Life were used to remove the victim from the vehicle. He was then rushed to Massachusetts General Hospital and later pronounced dead. Massachusetts State Police are currently investigating the accident to determine if criminal charges are warranted. The truck accident which resulted from carrying the unsecured cargo is registered to Ryder Truck in Braintree, Massachusetts and was leased by Sullivan Tire, a Massachusetts company.

According to Massachusetts motor vehicle accident lawyer Peter Bellotti of the Bellotti Law Group, "Under Massachusetts law, all commercial drivers are required to ensure that their cargo is safely restrained." Additionally, since interstate travel is often involved, there exist a number of federal regulations regarding cargo carried by trucks, including weight limits. Federal regulations, like Massachusetts state law, also require truck companies to properly secure their cargo before hitting the road. Failure to follow these guidelines can result in liability for damages, injuries, and/or death, for both the truck driver, and vicariously, for the parent truck company. Thus, in this case, if investigators find that either the driver or his company was negligent in securing the load, liability for the accident may be imposed.

Massachusetts Child Neglect Cases Spark Push for "Gabriel's Law"

Wed, 05 Oct 2011 22:25:17 -0500

A Wareham, Massachusetts bus driver has been fired after negligently leaving a Hammond Elementary kindergarten student on his bus for three hours. The child fell asleep on the bus and did not awaken until the bus was parked at the driver's home. Although the young child was unharmed, the driver was fired by the Wareham School Department for failure to follow safety protocols. Earlier this month, a Roxbury, Massachusetts infant was found alive after in a parked car after his mother left him alone.

Following the incident, a Boston woman was charged with criminal neglect of a child. Boston Police were contacted after a resident noticed the infant in the locked car near 2200 Washington Street in Roxbury. According to The Boston Globe, the officer found the infant "crying loudly and sweating heavily" inside the vehicle. The child was transported to the Boston Medical Center for treatment and was released. Tragically, a 17-month-old Dorchester child, Gabriel, was not so fortunate, when he was found lifeless in a Gloria Luna's Home Daycare van earlier this month.

According to the New England Cable Network, the daycare van driver was supposed to take Gabriel to another daycare, but apparently forgot the child was in the van. The young boy's grieving mother is now fighting for a new law, called "Gabriel's Law," which aims to prevent another child from being left unattended inside a vehicle. The proposed law calls for changes to child transportation regulations in the state. Part of the proposal is to prohibit dark tinting on transportation vans, so other people can see children left inside vehicles more easily.

According to Greater Boston personal injury attorney Peter Bellotti of the Bellotti Law Group, "There currently isn't enough legislation regarding child care and transportation protocols in Massachusetts. With more rigorous and detailed safety measures in place, we can hopefully avoid tragedies like this in the future."

Governor Deval Patrick has now created a special panel, charged with recommending improvements to current safety procedures in Massachusetts governing children transported to child care in vans and buses. So far, the panel has considered adding a signed route roster to all transportation to and from child care centers to track attendance. According to The Boston Globe, a more stringent accounting system is used to keep track of all children by the Executing Office of Health and Human Services in the state. As always, costs of improvements are being weighed, as the state currently pays around $9 a day per child for transportation, while the Department of Health and Human Services can pay upwards of $56 dollars. In all, new recommendations are set to be made public on October 11.