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Worcester Medical Malpractice Law Blog

Apology program informs patients of medical errors

In some Massachusetts hospitals, apology programs are becoming the norm. Seven hospitals have recently adopted such a program, and the approach is included in a health care bill created by the governor as a tactic that will decrease the costs of health care.

One major benefit of the apology program for medical professionals is that medical malpractice suits occur less often. Officials that put these programs into place believe that this benefits both parties, but some experts think that the practice is not doing enough for the patients.

Experimental treatment may provide cure to cerebral palsy

Cerebral palsy affects approximately 750,000 adults and children in the U.S., some of them living in Massachusetts. With a prevalence rate of about 3.3 per 1,000 births, the condition is one that many believe to be incurable. It can be caused by several things, including head injury, birth complications or infection in the mother while she is pregnant.

Cerebral palsy has the ability to cause an inability to move, walk or swallow. It can also cause severe difficulties to arise when controlling muscles. Both developmental abnormalities and cognitive delays have been witnessed in patients with the condition.

Physician allegedly prescribed deadly doses of morphine

With the convenience of the Internet, many in Massachusetts may find themselves wasting time while at work. It is easy to fall victim to these distractions, but when lives are on the line, this should never be allowed to happen.

According to reports, a physician made fatal errors while surfing the Internet. Prosecutors believe that he was looking at emails, sports scores and online banking when a nurse called from a care home, where two patients, ages 78 and 86, were suffering from painful ulcers.

Forceps delivery may have caused permanent brain damage in child

According to a recent appeals court decision, a doctor will be held responsible for a supposedly subpar baby delivery that he conducted 13 years ago. The appeals court agreed with the decision from a lower court suggesting that the obstetrician's choice to use forceps during delivery caused the male child to receive a traumatic brain injury. While the incident happened in a neighboring country, it is something that has happened to many babies in the United States.

The delivery occurred in January 1999. While the mother was in labor, the doctor made an attempt at delivering the child with forceps despite the fact that there was no reason to do so, according to the trial judge. The doctor argued that the position of the fetus warranted such a delivery. Court records show that there was no compelling evidence indicating that the unborn child or the mother were experiencing any stress.

Wrongful birth awards can be tax-free

When the delivery of a child goes wrong, parents in Massachusetts may consider the option of filing a wrongful birth suit. This usually happens when a birth injury occurs, and it could mean the difference between being able to afford the lifelong care of a child or being swallowed by medical debts. For those who have taken their cases to court and are approaching a victory, it may be wise to consider the tax implications on any monetary damages awarded.

According to some, damages received in a case that involves a personal physical injury are tax-free. The Internal Revenue Service also allows settlements and judgments received for physical sickness to be given to the beneficiary without requiring them to pay taxes. While these two conditions are not taxed, emotional distress winnings are, as are punitive damages and interest.

St. Jude's heart device recalled for serious dangers

Massachusetts heart patients may remember that in 2005, the heart device industry was shocked when it uncovered that a major maker of heart defibrillators, Guidant, had not warned doctors about a fatal problem in its devices.

When this matter surfaced, Guidant and other device makers promised to create medical advisory boards, which would examine malfunctions in any defective medical device and alert physicians of problems. The hope was that the industry would prevent any repeat episodes of fatal defects in these products.

Mandates improve error rates, cost patient quality

As hospitals in the area attempt to decrease the number of errors that occur, patients in Worcester, Massachusetts, may find that their hospital stays are not as enjoyable as they expected them to be. This is because many hospitals are attempting to increase clinical quality and, according to new research, this is lowering the experiential quality for the patient.

Researchers at a major public university have found that altering hospital procedures to be in-line with government mandates is negatively affecting the experience of individual patients. Many of these federal and state regulations that have been put in place are intending to lower the number of medical errors. Though this may be beneficial on paper, it could be costing hospitals in the number of patients that choose to use their services again based.

Jury in wrongful birth case awards family large sum

Expecting parents in Massachusetts may be considering the possibility of tests that doctors can administer to determine if there are any chromosomal problems with an unborn child. These tests are at the center of a new medical malpractice suit that recently saw the parents of a now 4-year-old girl receive an award of $2.9 million.

According to the plaintiffs, their doctor was asked to perform a test that would discern whether their unborn, 13-week-old baby had any chromosomal issues. According to the doctor who analyzed the test results, there were no such issues. Due to this, the couple decided to continue with the pregnancy. After delivering, the couple was informed that their daughter had Down's syndrome.

Baby may have received brain damage during delivery

Massachusetts parents may be worried about what could happen during the delivery of a child. This time can be stressful, and if physicians do not perform correctly, a mistake could result in long-term medical needs.

That is what allegedly caused a couple to file a medical malpractice suit seeking $75,000 in damages against two physicians and a hospital. According to the lawsuit, the mother was being consulted by one physician during her pregnancy in 2010. At 14 weeks, nothing was wrong except for some gall bladder issues. At 38 weeks, her obstetrician suggested the induction of labor.

Some hospitals are taking steps to avoid mistakes

Patients in Massachusetts may have less to worry about in the coming years. The federal government wants hospitals to reduce the number of medical errors and doctor mistakes made so that the U.S. health care system can become generally better.

Estimates from the Centers for Disease Control and Prevention indicate that one out of every 20 people admitted to a hospital are subjected to a medical mistake. These often come in the form of falls, incorrect prescriptions or the contraction of an infection.