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North Adams Medical Malpractice Law Blog

Court hearings continue for $14.2 million medical negligence case

When perusing a medical malpractice lawsuit claim in Massachusetts, a person can find the legal system confusing due to the labyrinth of paperwork that needs to be filed. Unfortunately, it is also not a quick process. Because a civil lawsuit can take years to resolve, victims of medical negligence may wish to choose the right attorney to begin the journey. One man in another state began his lawsuit almost two years ago, and he is now in the process of appeals to obtain his awarded multi-million dollar judgment.

The details of the man's treatment are not known, but his ordeal began in an emergency room in 2014. Following treatment, he filed a medical malpractice lawsuit alleging that his physicians and the hospital were negligent in his care. This past fall, a jury agreed with the man's claims and awarded the man $14.2 million in damages.

Jury says medical negligence resulted in woman's death

People die in Massachusetts every day due to various reasons. According to the Journal of the American Medical Association, medical negligence is the third leading cause of death in the United States. That fact can be alarming to patients seeking care from reputable doctors and nurses. Sadly, despite 30 years of experience, one doctor was recently accused of medical negligence and was ordered to pay a family a judgment of $6.8 million for their loss.  

The woman opted to undergo a surgery for a hiatal hernia repair. The surgery was performed laparoscopically through small abdominal incisions using a mesh inserted into her abdomen. During the surgery, small surgical tacks were used to close up part of her incision, and it was the use of these tacks that made the woman's case controversial.


Are you afraid of losing your home if you have to enter a nursing home and apply for long term care Medicaid? While this fear is well-founded, transferring the home to your children is usually not the best way to protect it.

Cosmetic surgery results in woman's brain injury

Many women in Massachusetts and around the world fantasize about their wedding day. Once a couple decides to get married, multiple preparations typically begin. Many women exercise, get skin treatments, tans, hairstyles and make-up as part of their personal preparation. Sadly, one woman in another state did not get to see her wedding dreams come true. She suffered permanent brain injury following a cosmetic surgery in preparation for her wedding.

According to the woman's 26-year-old son, the woman chose her to have cosmetic surgery weeks prior to her wedding. She sought advice only for anti-wrinkle treatment and Botox but was allegedly encouraged to also have liposuction. The woman agreed to the surgery, but it did not go as planned.

Failure to diagnose infant may have led to death

Vaccinations have been a debated topic in the medical and parent community. Infants begin receiving vaccinations as early as two months old and cannot receive vaccinations any younger due to their developing immune system. Unfortunately, common viruses, such as whooping cough, can be fatal to a baby, especially when they have no immunity from a vaccine. A mother in another state filed a lawsuit against a pediatric group for failure to diagnose her infant daughter for whooping cough. Massachusetts parents may be interested in learning that a jury awarded the mother $4 million for negligence in her daughter's care.

Reportedly, the mother was suffering from symptoms of whooping cough, which is also known as pertussis. Individuals with a strong immune system typically are able to recover from the virus, but it can be fatal to a newborn. Apparently, her baby became sick, but the mother claims that the pediatric group ignored requests to test her daughter for the same virus.

Nursing error: Patients may have been exposed to virus

Nurses are the backbone of Massachusetts hospitals. They are the go-to for physician assistance, patient monitoring, symptom manager, medication administration, food feeder when needed, comfort provider and more. About anything a patient needs in a hospital, a nurse is a coordinator. One patient has filed a lawsuit against a hospital, claiming a nursing error resulted in pain and suffering over the last couple of months.

The patient visited the emergency room last Christmas and was cared for by a nurse that was recently arrested. The nurse may have been a factor in hepatitis C exposure to several patients. Although the nurse was arrested and her nursing license suspended, she currently does not have any pending criminal charges. The former patient claims that the nurse in question used dirty needles on the patient that the nurse first used on herself.

Failure to diagnose is more common with certain diseases

When going to the doctor or a hospital with an ailment, most people assume that the doctors will be able to diagnose the issue at hand. However, for many Massachusetts patients, issues with failure to diagnose can lead to unidentified risks to health and well-being. Although this is not the patient's fault, having some information about commonly-missed illnesses is a good idea when discussing a tricky diagnosis with a doctor.

It is particularly concerning when illnesses that are life-threatening are not caught, especially illnesses such as cancers that may be more treatable at earlier stages. Early-stage ovarian cancer, for example, is often mistaken for digestive issues like IBS or a bad diet. Those who have a family history of cancer should communicate this background to doctors, as it may put this diagnosis higher on their lists.


The Department of Housing and Urban Development (HUD) has made changes to the federal reverse mortgage program. Citing the need to put the program on better financial footing, HUD has raised reverse mortgage fees for some borrowers and lowered the amount homeowners can borrow. The changes took effect on October 2, 2017. They affect borrowers who take out new loans, but not existing loans.

Medication error almost ended new mother's life

Infertility and/or pregnancy difficulties are realities that many couples face. For some, the pain and struggle of having a baby does not end with the joyous birth of a child. Many parents spend days, weeks or months in NICUs as babies struggle to survive. Massachusetts parents may be interested in how a medication error almost ended one mother's life within days of her child's birth.

The mother recounts that she and her husband struggled to become pregnant. Although she was able to conceive her son, the pregnancy was not easy. She suffered from a condition called preeclampsia which was dangerous for her and her baby. By the time her baby had reached 31 weeks in utero, the mother's blood pressure was dangerously high as a side effect of the preeclampsia. She and her doctors determined that an early delivery of the baby was in the best interest of both the mother and the child's health.

Brain injuries increase risk of Parkinson's disease

The brain is arguably one of the most important organs in the human body. When it is damaged or injured, it can have temporary and permanent impacts on the daily lives of anyone injured. Brain injuries can occur as a result of war, sports, accidents or lack of adequate medical intervention. Massachusetts residents may be interested in a new study that has linked traumatic brain injuries with an increased chance of being diagnosed later in life with Parkinson's disease.

The study was conducted on 325,870 veterans who had treatment at a veteran's medical facility. Approximately half of the veterans had experienced either a mild, moderate or severe traumatic brain injury either during or after their service. The study and data were collected over several years. 

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