Donovan O'Connor & Dodig, LLP Donovan O'Connor & Dodig, LLP 2026-06-30T20:51:26Z https://www.docatty.com/feed/atom/ WordPress /wp-content/uploads/sites/1504245/2024/09/cropped-site_icon-32x32.jpg On Behalf of Donovan O'Connor & Dodig, LLP <![CDATA[Medical malpractice and AI: What do patients need to know?]]> https://www.docatty.com/?p=54054 2025-09-15T19:16:21Z 2025-09-15T19:16:21Z AI in medicine: A double-edged sword AI tools offer significant benefits in the medical field, such as improved diagnostic capabilities and personalized treatment plans. Physicians and medical practitioners leverage these technologies to enhance patient care. Two primary concerns regard patient consent and the physician’s final responsibility. Although we continue to determine when and how medical teams should receive patient consent for the use of AI the ultimate responsibility for patient outcomes continues to rest with the healthcare provider. AI should serve as a supplementary tool, not a replacement for professional judgment. Despite AI's growing role, physicians must maintain accountability for their patients' care. They should critically evaluate AI-generated recommendations and diagnoses to help better ensure they align with clinical evidence and patient-specific factors. Over-reliance on AI without proper oversight can lead to errors, potentially resulting in medical malpractice claims.

Strategies for potential victims of AI-related malpractice

If you suspect that a medical practitioner's over-reliance on AI contributed to a negative outcome, consider the following steps:
  1. Document everything: Information about your medical history, treatments, and communications with healthcare providers is helpful in establishing a timeline and identifying potential errors.
  2. Seek a second opinion: Consult another medical professional to evaluate your case. An independent assessment can provide valuable insights into whether AI misuse played a role in your treatment.
By taking these steps, you can better understand your situation and determine if you should pursue a malpractice claim. It is important to note that this field is evolving. Patients are wise to take action to protect their interests, potentially including legal action if a physician over relies on AI resulting in serious injury or a missed diagnosis for a patient. Courts will continue to work through these legal issues and provide guidance on how we hold medical professionals accountable, ultimately increasing the safety for patients who receive similar care.]]> On Behalf of Donovan O'Connor & Dodig, LLP <![CDATA[What are the 100 deadliest days for teen drivers?]]> https://www.docatty.com/?p=54045 2025-06-12T16:17:08Z 2025-06-17T16:14:23Z this heightened risk and knowing how to respond if involved in a serious crash can help mitigate the dangers.

What factors increase the risk of serious crashes for teen drivers?

Teens have more free time during summer, leading to more driving and increased exposure to potential accidents. This, combined with the temptation to use their phones while driving and the fact that teens lack the driving experience needed to handle challenging situations, makes them more vulnerable to accidents.

What should I do if I am involved in a serious car crash?

If you or a loved one are involved in a serious car crash, taking the right steps can protect your legal rights and ensure safety:
  1. Ensure safety: Move to a safe location if possible and check for injuries. Call emergency services immediately.
  2. Seek medical attention: Even if injuries seem minor, get a medical evaluation. Some injuries may not be immediately apparent.
  3. Gather evidence: If possible, take photos of vehicle damage and any visible injuries. It is also helpful to gather contact information from witnesses.
Taking these steps can help preserve evidence and support any potential legal claims.

When is there potential for a legal claim after a car accident?

If another driver’s negligence caused the accident, you might be entitled to compensation for medical expenses, lost wages, and pain and suffering. You can also seek compensation for vehicle repairs or replacement. It is also important to note that there is a statute of limitations, or deadline, to file these claims. The amount of time a victim has varies depending on local laws. In Massachusetts, victims generally have three years after the accident to file their claim. There are exceptions that can result in an extension, such as if the victim was a minor at the time of the accident. The "100 Deadliest Days" for teen drivers highlight the importance of awareness and preparedness. By taking steps to reduce the risk and knowing how to respond to a serious car crash, teens and their families can focus on enjoying their summer.]]> On Behalf of Donovan O'Connor & Dodig, LLP <![CDATA[Are patients at an increased risk of medical malpractice in July?]]> https://www.docatty.com/?p=54044 2025-06-12T14:18:29Z 2025-06-12T14:18:29Z Factors that increase risk of medical malpractice during July Several elements may contribute to increased risks during July:
  • Inexperience: New residents lack practical experience, which may lead to errors in diagnosis or treatment.
  • Increased workload: Residents often face heavy workloads, which can result in fatigue and mistakes.
  • Transition period: The shift from medical school to residency involves adapting to new environments and responsibilities.
These factors can potentially increase the likelihood of errors. This reality is not a novel concept. Every profession experiences the risk of increased errors when trainees begin their positions. One of the benefits of this system is the fact that hospitals know to prepare for the risks that come with trainees every July. As such, hospitals must implement measures to mitigate these risks. This was highlighted by a recent study that focused on examining whether the July Effect impacted patient outcomes. Researchers reviewed data from hundreds of trainees and found an increase in reportable medical errors in July but did not find a significant increase in adverse effects for patients. The researchers behind the study explain that this is likely due to increased vigilance of supervising physicians and nursing staff during this critical transition period.

Legal implications of medical malpractice

But what happens when those safety mechanisms fail? What happens when a supervising physician does not check in and a medical error results in serious harm to a patient? In these situations, the patient may have a medical malpractice case. Medical malpractice involves a breach of the standard of care, leading to patient harm. Those who believe they are in this situation should consider the following:
  • Did the medical team meet the expected standard of care? Residents must adhere to established medical standards. Failure to do so can result in malpractice claims.
  • Was there proper supervision? Hospitals must ensure adequate supervision of residents. Lack of oversight can lead to legal consequences.
  • Have you begun to gather documentation? Proper documentation plays an important role in these cases. Incomplete records can weaken a claim for medical malpractice.
Patients injured due to poor medical care during this time can likely hold the physician and medical facility financially accountable for their injuries.

Final takeaways

With any profession, there are increased risks of error during those first few weeks on the job. As such, it is reasonable for the July Effect to raise concerns. In an effort to mitigate these risks, hospitals and medical facilities must take proactive steps to better ensure patient safety. These steps can include implementing training programs, providing adequate supervision, and maintaining clear communication channels. Those who do not can be held accountable for the cost of errors.]]> On Behalf of Donovan O'Connor & Dodig, LLP <![CDATA[Common anesthesia errors that can harm patients]]> https://www.docatty.com/?p=54026 2025-03-27T21:05:15Z 2025-03-27T21:05:15Z most commonly occur during surgical procedures when patients are most vulnerable. Root causes typically include knowledge gaps, failure to follow procedures, medication administration errors and poor communication between anesthesia team members. When these errors occur, the consequences can be devastating – ranging from minor complications to permanent disability or even death.

6 types of anesthesia errors

When anesthesiologists make mistakes, the impact on patients can be severe. Studies show that preventable adverse drug events can lead to permanent disability in nearly 14% of affected patients and increase hospital costs by approximately $4,700 per admission. The most common anesthesia errors include:
  • Incorrect dosing (administering too much or too little anesthesia)
  • Drug substitution errors (using the wrong medication)
  • Omission errors (failing to administer required medications)
  • Communication breakdowns between medical team members
  • Failure to properly monitor patients during procedures
  • Equipment failures or improper equipment usage
To reduce these incidents, medical experts say health care providers should implement standardized drug labeling systems, create non-accusatory environments where errors are openly discussed while incorporating electronic monitoring systems. Also, establishing clear communication protocols and proper training for less experienced anesthesiologists could significantly reduce error rates.

Steps for pursuing a malpractice claim

If you or a family member has suffered harm due to an anesthesia error, you have options to hold medical providers accountable. First, document everything related to the incident, including medical records, witness accounts and any communication with health care providers. Massachusetts law gives you three years to file a medical malpractice lawsuit from the date you discovered the injury. These cases require proving that the anesthesiologist or other medical professional failed to provide care that met accepted medical standards. This typically involves testimony from other medical professionals who can explain how the care you received deviated from proper protocols. Working with an experienced medical malpractice attorney is crucial because these cases involve complex medical evidence and specific legal requirements. A skilled attorney can help gather expert testimony, navigate the Massachusetts medical malpractice tribunal process and build a compelling case to help you recover compensation for medical expenses, lost wages and pain and suffering.]]> On Behalf of Donovan O'Connor & Dodig, LLP <![CDATA[What is distracted doctoring?]]> https://www.docatty.com/?p=53101 2024-08-23T04:59:31Z 2024-08-23T04:59:31Z Distraction is usually only mentioned as a workplace danger when talking about people who drive for a living. Yet drivers are not the only employees who risk causing serious harm if they do not stay focused. One area where distraction could be incredibly serious is healthcare, specifically doctoring and nursing.

Phone use is one cause

In the same way that drivers may struggle to ignore a ringing phone, or avoid refreshing their browser every minute to check the sports score, so too can doctors and nurses fail to resist the urge to check on something non-work related.  You might assume that doctors and nurses could leave their phones switched off when working, but hospitals often rely on having them on in case they need to contact them urgently.

Record keeping while on a busy schedule is another cause

Such is the demand on the healthcare system that staff are often led with very short windows of time for each appointment. The pressure to move on to the next patient can be exacerbated by staff shortages or events such as a pile-up on the local interstate that cause a sudden influx of patients or demand a swift change of priorities. Thus many medical staff find themselves trying to update notes while seeing a patient, which means they cannot give the patient their full attention. If a distracted medical professional harmed you because they were distracted, you may want to consider whether their actions could count as medical malpractice. If they do, you may be able to claim compensation.  ]]> On Behalf of Donovan O'Connor & Dodig, LLP <![CDATA[When might a doctor order a C-section?]]> https://www.docatty.com/?p=53100 2024-08-20T10:58:30Z 2024-08-20T10:58:30Z A doctor can opt to order a planned or emergency caesarian (C) section. With the latter, the need for it is usually not present until during labor.  Here are four scenarios that may call for a C-section: 

1. Abnormal position

If a fetus is in breech presentation (their feet or bottom are positioned first in the uterus), transverse position (positioned horizontally in the uterus) or any other abnormal position, a doctor can order a C-section, as vaginal delivery can be dangerous.

2. Previous C-section delivery

It's possible to give birth vaginally after a C-section. However, a doctor should assess each case in-depth to make the right call. Due to the risk of a C-section scar rupturing/tearing, a planned C-section may be ordered in a subsequent pregnancy. Expectant mothers with a vertical C-section scar from a previous pregnancy may be at a higher risk of it opening during a vaginal birth than those with a low or transverse C-section scar.

3. Birth defects

If a baby is diagnosed with a birth defect like hydrocephalus (the excessive build-up of fluid in the brain), a doctor may order a C-section to reduce complications.

4. Fetal distress

An emergency C-section is necessary when the baby is not getting adequate oxygen through the placenta. This condition is called fetal distress or non-reassuring fetal status.  During the deprivation, the baby's heart rate will be low or have unusual patterns. A doctor should closely monitor the baby and mother to discover such an issue sooner. Cases of doctors not ordering a needed C-section have been reported. If this is your experience, and you or your baby suffered harm, you may need to explore your legal options.  ]]> On Behalf of Donovan O'Connor & Dodig, LLP <![CDATA[3 errors doctors make too often when prescribing patients opioids]]> https://www.docatty.com/?p=53098 2024-08-17T22:54:30Z 2024-08-17T22:54:30Z Over-prescribing medication Over-prescribing involves giving a patient more medication than they actually require. In some cases, over-prescribing might mean providing a patient with too high of a dose based on their age, sex and weight. Other times, over-prescribing might look like giving a patient too many pills at once or allowing for too many refills. Access to too much narcotic medication can lead to an overdose in some cases or to a patient developing a substance abuse disorder because of their prescription.

Recommending the wrong medication

Opioids are plentiful and cheap, which means that many doctors turn to them for a variety of different patient concerns. Doing so is not always the best option. There are other, less dangerous pain relief medications available. In some cases, patients may actually require muscle relaxants or a different class of drugs rather than opioids. Physicians can unnecessarily endanger their patients by prescribing them opioids when something less dangerous could also facilitate their recovery.

Failing to monitor the patient

Simply writing a prescription cannot be the end of a physician's treatment oversight. They need to monitor how the patient reacts to the medication and assist them with ending treatment. Helping a patient taper off of opioid drugs is crucial for the prevention of substance abuse disorders. Too many doctors fail to properly monitor their patients during and after treatment with opioid drugs. They may put those patients at elevated risk of opioid addiction. In scenarios where a physician's deviation from best practices led to poor patient outcomes, they may have committed medical malpractice. Patients or their surviving family members may have grounds to take legal action against a doctor who has committed significant prescribing oversights while treating a patient with opioids. Learning about common issues with recommendations for opioids can help people identify medical malpractice after it occurs.]]> On Behalf of Donovan O'Connor & Dodig, LLP <![CDATA[What damages can you collect in a car accident claim?]]> https://www.docatty.com/?p=52927 2024-08-01T17:52:06Z 2024-08-01T17:52:06Z A car accident can lead to catastrophic injuries, such as brain and spine injuries. Victims can suffer from life-long injuries. Some injuries may also lead to wrongful deaths.  Victims and survivors of victims of auto accidents can pursue damages. There are two types of damages that can be collected with a successful auto accident claim: economic and non-economic. Here is what you should know:

What are economic damages?

Economic damages can include clear financial costs caused by an auto accident. The most common economic damages include medical expenses. Victims may face medical expenses if they are admitted to a hospital or long-term healthcare facility and require surgery, medication and physical and psychological therapy. Victims can collect economic damages by presenting medical records. They may also recover lost wages caused by their injuries. These lost wages can help victims provide for their families. Costs of unemployment and loss of future earning capacity may also be recovered.  If there was a fatality, survivors can pursue damages for funeral expenses.  Furthermore, damages could be collected if a car accident led to property damage. Many people seek damages, for example, for the cost of vehicle repair. 

What are non-economic damages?

Non-economic damages do not have a clear value, as such, it can be harder to determine what type of non- economic damages victims can recover after a car accident. Some common forms of non-economic damages include loss of enjoyment of life, disfigurement, loss of companionship and pain and suffering.  Legal help can provide victims and survivors of victims with guidance as they pursue damages after an auto accident. ]]> On Behalf of Donovan O'Connor & Dodig, LLP <![CDATA[Does the size of your car matter to your odds of injury?]]> https://www.docatty.com/?p=52919 2024-07-18T03:38:20Z 2024-07-18T03:38:20Z Have you ever noticed that people seem to like buying oversized vehicles? Many of the new vehicles on the road are seven-passenger SUVs or massive pickup trucks. You do still see sports cars, sedans and convertibles, but they are not the norm. Even many SUVs are considered “small” by consumers. Part of the reason for this trend is that people feel safer in larger vehicles. Do the statistics back that up? Does the size of your vehicle change your odds of being injured in a crash?

Larger cars tend to be safer

As a general rule, a large vehicle is safer for the person inside of it – and simultaneously more dangerous for everyone else. The reason for this is that a car accident involves the transfer of energy between vehicles. If one vehicle is significantly heavier and taller than another, it is going to absorb far less of the energy during the crash. This means that those in the smaller vehicle may have to deal with more severe ramifications. This becomes most clear when looking at semi-truck accidents. An 80,000-pound semi-truck could crush a passenger car and injure everyone inside, while the driver of the semi may not suffer any injuries at all.

Underride accidents

Speaking of semi-truck accidents, one of the hazards they create is that they can cause underride accidents. The smaller car can get wedged underneath the truck’s trailer, and people in the passenger vehicle can get trapped or pinned. Underride accidents are also more likely to cause spinal cord injuries, chest injuries, head injuries and brain injuries. After such a serious crash, you may find yourself facing extensive medical bills. Be sure you know what legal options you have.]]> On Behalf of Donovan O'Connor & Dodig, LLP <![CDATA[How do rear-end collisions occur? ]]> https://www.docatty.com/?p=52914 2024-07-07T23:14:18Z 2024-07-07T23:14:17Z All types of car accidents can result in severe injuries. However, rear-end collisions are especially dangerous because those in front tend not to see the accident coming.  What are some of the most common causes of rear-end collisions? 

Distractions 

For experienced drivers, driving often feels easy and even automatic. However, this is certainly not the case. Driving is an activity that requires full focus. Even a momentary distraction can have severe repercussions, including rear-end collisions.  Some of the most common driving distractions include: 
  • Using cellphones
  • Talking with passengers
  • Being stressed, angry or upset
  • Eating or drinking
  • Looking at distracting objects
All drivers owe each other a duty of care, and avoiding distractions is a significant part of this. 

Tailgating 

Tailgating means following another vehicle too closely. This can occur for numerous reasons, but it is often the result of aggressive driving. The recommended following distance is three seconds. This allows cars behind time to slow down or stop should they suddenly need to. Not adhering to this stopping distance significantly increases the chances of rear-end collisions.  

Speeding 

Speed limits are in place to reduce traffic accidents and the severity of crashes should they occur. If a driver is speeding, then using the three-second following rule will not help. A car traveling over the speed limit simply does not have the time to stop without avoiding a crash. If you have been hurt in a crash, you may be entitled to financial compensation for your medical bills, lost wages and other accident-related expenses. Seeking legal guidance can help you establish whether or not a negligent driver was to blame for your injuries.  ]]>