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North Adams Legal Blog

If a pre-existing condition is exacerbated due to a fall, recovery is not barred

If you are hurt as a result of someone else's negligence, you are entitled to be compensated for the resulting harm, whether it's for medical expenses, missed time from work, or pain and suffering. However, it is common for the responsible party (or the insurance company that might foot the bill) to claim that a physical injury is the result of a "pre-existing condition" in an attempt to avoid paying appropriate compensation. While it is true that an at-fault party is not responsible for your underlying condition, if their negligence made your condition worse, they are responsible for the worsening of your condition.

New rules make it more difficult for veterans to qualify for long-term benefits

The Department of Veterans Affairs (VA) put in place new rules that make it more difficult to qualify for long-term care benefits. The rules, similar to those already in force for Medicaid, establish an asset limit, a look-back period, and asset transfer penalties for claimants applying for pension benefits that require a showing of financial need. 

Pediatric errors and medical malpractice claims

Medical malpractice often results in tragic consequences. This is particularly true when we’re talking about pediatric care leading to injuries of children.

A recent HealthLeaders’ publication article discusses the causes of medical errors involving infants and young children. It speaks of a new study demonstrating that brain injury cases account for the highest number of malpractice claims. It notes that diagnosis errors are extremely common in pediatric cases as well.

ARE ELECTRONIC HEALTHCARE RECORDS ADDING TO MEDICAL MALPRACTICE?

A 47-year-old woman sought the advice of her physician for severe head pain. Although she normally suffered from migraines, she was certain that her pain symptoms were not migraines. Despite two visits and alarming symptoms, the physician was not able to diagnose the woman until it was too late. After a medical malpractice lawsuit was filed by her husband, Massachusetts patients may be interested to learn that a glitch in her electronic medical record may have resulted in her delayed diagnosis.

THREE WAYS TO AVOID BEING IN A CAR CRASH ON A LONG COMMUTE

A long commute to work and a long commute home can be exhausting, even when a great job makes your commute worth doing every day. However, as you get familiar with your route, you may become less attentive as a driver, which can lead to being involved in a car crash that causes serious injuries to you or others on the road. To prevent being in a crash, consider how you can prepare for a better commute, what you need to do to avoid driving distractions and how you can avoid speeding.

INVESTIGATION SAYS NEGLIGENCE DURING BIRTH MAY BE A PROBLEM

Childbirth is an exciting and life-altering event for most Massachusetts's mothers. Mothers may be alarmed to learn that pregnancy and giving birth may be dangerous to the mother's health, especially if there is medical negligence during birth. One news agency has revealed some of the findings of an ongoing investigation into the care and medical treatment of pregnant mothers.

NEW BROKERAGE ACCOUNT SAFEGUARDS AIM TO PROTECT SENIORS

As the population ages, elder financial abuse is a mounting problem, and vulnerable seniors can become victims of scammers who convince them to empty their investment accounts. For that reason, Financial Industry Regulatory Authority (FINRA), the organization that regulates sales of securities, issued new rules effective in 2018 to protect seniors with brokerage accounts from financial scams.

Mother accuses hospital of medical malpractice for lab error

Learning about a pregnancy can be surprising, emotional and exciting.  One woman in another state found out about her pregnancy in an unconventional manner. Following the birth of her son, she has filed a medical malpractice lawsuit for the resulting injuries her son suffered from the treatment she received during her pregnancy. Mothers in Massachusetts may be interested to learn about her civil lawsuit.

The woman was admitted to the hospital to have a tubal ligation performed. Tubal ligations are most often used to prevent future pregnancies and cannot be performed if a woman is already pregnant. A urine pregnancy test performed prior to the procedure was allegedly incorrectly read as negative. Upon beginning the procedure, the physician noticed that the woman's uterus was not in a normal non-pregnant state and had another pregnancy test performed. The woman's second test resulted in a positive pregnancy result.

Jury awards $2.5 million in medical malpractice death claim

Actionable medical negligence in Massachusetts and other states occurs in several different areas of practice or procedure. One category of medical malpractice that occurs regularly is surgical error. A surgery that went horribly wrong appears to be the underlying basis of a recent jury verdict in another state of $2.5 million to the family of a deceased surgery victim.

In July 2012, doctors at the Saint Francis Medical Center attempted to conduct a laser procedure to remove a pacemaker from the patient, a 64-year-old man. The details of the carelessness are not described, but it is reported that the laser used by the physicians perforated the heart and blood vessels of the man. The man died from the abortive procedure while he was still in the Cath Lab of the hospital.

Medical malpractice: Doctor accused of another patient overdose

Massachusetts patients and families will be likely alarmed by an ongoing criminal investigation against a doctor at a hospital in another state. The doctor is being criminally investigated, and he and the hospital are facing multiple medical malpractice and wrongful death lawsuits. One family has filed another lawsuit against the physician, involving different circumstances than the others.

The 58-year-old man was admitted to the hospital for congestive heart failure. According to the lawsuit, the man was admitted to the intensive care unit for further evaluation and a planned procedure to his heart. Before the procedure could be completed, the family was notified that the patient was not doing well. The family consented to the patient to not be resuscitated if his heart failed while under medical care.

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