Massachusetts Injury Lawyer Blog

In its annual report on workplace safety, The Massachusetts Coalition for Occupational Safety and Health (MassCOSH) has detailed the high rate of death, injury, and disease which Massachusetts workers continue to suffer. Enforcement and prevention by OSHA, the Occupational Safety and Health Administration, is still seen as lacking, and an audit of OSHA  nationwide demonstrated a failure to enforce job safety laws against employers which repeatedly risk injury and death to workers. OSHA is underfunded and understaffed and incapable of completing comprehensive worksite inspections.

According to the MassCOSH report, sixty-six workers lost their lives on the job in 2008. These deaths were caused by transportation accident, falls, commercial fishing, workplace violence, crushing injuries, electrocution, and toxic substances. Falls continued to be a common cause of workplace deaths, and most of these were construction accidents.

In addition to the high rate of death in the workplace, almost 90,000 workers in the private jobs sector (which excludes self-employed and public sector workers) suffered some form of work injury. While Massachusetts did not have the highest rate of workplace injury, the rate of serious injuries and illnesses, resulting in lost time from work, was higher than the national average.

Occupational disease also remains a very serious concern, and the scope of this problem is not completely known. Certain diseases, such as mesothelioa, occupational cancers, work-related asthma, and lead poisoning are tracked, but the diagnoses of these diseases is not always related to the job, even if it was caused by a workplace exposure.

The complete report released by MassCOSH, entitled Dying for Work in Massachusetts, Loss of Life and Limb in Massachusetts Workplaces, is available at the MassCOSH website. MassCOSH sponsored Worker Memorial Day at the Massachusetts State House on April 28th. Breakstone, White & Gluck, a Massachusetts construction accident law firm, is a proud sponsor of the work of MassCOSH, which is making Massachusetts workplaces safer for all, and which is working to increase the rate and quality of workplace safety inspection and enforcement.

As the popularity of medical spas has sky rocketed, so have the injuries and complications suffered by customers of the spas. Patients and practitioners alike tend to view the cosmetic procedures completed at medical spas as less serious than those of traditional hospitals. However, there are risks which mainly stem from lack of training and state-licensing guidelines. That's why some organizations and legislators are pushing for stricter regulations and more intensive educational programs.

After visiting one such spa in Chicago, a woman was told by hospital physicians that she may need to have her leg amputated after a routine mesotherapy, also known as lipodissolve, went awry and left her with severe dry gangrene. Luckily, the infection cleared before that was necessary, but she is still left with severe scarring on both of her legs.

A North Carolina medical spa is being sued by three women who all suffered kidney failure due after receiving buttocks-enhancing injections that were reportedly administered without proper medical supervision.

And the FDA has reported the deaths of two people as a result of misuse of topical anesthetics during laser hair removal procedures. Laser and intense pulsed light (IPL) procedures have also been known to casue permanent scarring, skin discoloration, and serious burns.

Fortunately for Massachusetts residents, state regulators are already beginning to address the problem. In a published recommendation, the Massachusetts State Board of Registration's Medical Spa Task Force suggested that legislation be developed to require the "Department of Public Health to license medical spas for renewable terms of two years, similar to clinic and nursing home licensure already performed by the Department."

Medical malpractice insurance companies are also helping to shape the industry; many are requiring physicians who are not formally trained in aesthetic procedures to attain accredited Continuing Medical Education (CME) credits in aesthetic medicine before being eligible for favorable insurance coverage.

While all of this is certainly a step in the right direction, Massachusetts medical spas are not currently licensed. Nor are there state-required education criteria specifically related to aesthetic procedures. Nor is there an official "board certification" available for the field of aesthetic medicine, making it more difficult to discern which practitioners are reputable. That is why it is especially important that patients thoroughly research a facility before undergoing a procedure.

Medical malpractice is a reality, but the lack of regulation places patients who visit medical spas, wellness centers, and anti-aging clinics at a higher risk than necessary. Massachusetts needs to take action to protect patients and clients of these spas.

Continue reading "Massachusetts Medical Spas Need More Regulation to Prevent Injuries" »

Two recent surgical errors, followed by serious medical complications, have led to the closing, at least temorarily,  of the pediatric heart surgery unit at the Massachusetts General Hospital. In addition, state public health officials are investigating the circumstances of the errors.

The recent complications included a baby who had surgery in January and one who had surgery in March. Both babies survived, but the baby from the January procedure was reported to have neurological complications. There was also one infant death in the last twenty months.

According to news reports, the Boston hospital opened a specialized pediatric cardiac surgery unit two years ago after hiring a pediatric heart surgeon. The goal was to have a unit that specialized in heart surgery on children, but the program apparently never took off. The unit was performing only four or five surgeries per month, far below the rate considered appropriate to keep a service properly experienced.

The internal investigation at Massachusetts General Hospital may also lead to an on-site investigation by the Department of Public Health, which could lead to recommendations for improvements. The investigations should reveal whether the complications resulted from preventable surgical errors or other medical malpractice.

More Information

MGH halts a pediatric program, Boston Globe, April 17, 2009

Continue reading "Errors and Complications Lead to Closing of Pediatric Cardiac Surgery Unit at Massachusetts General Hospital" »

The Massachusetts Department of Public Health has released its first annual report of Serious Reportable Events at Massachusetts acute care hospitals. The report reveals that there were over 300 serious events resulting in personal injury and at least 19 deaths, including serious surgical errors, falls, and medication errors. The report reflects some aspects of the causes of medical malpractice cases in Massachusetts.

Guidelines for reporting serious events were adopted by the Massachusetts Department of Public Health and implemented in 2008. Under the guidlines, Massachusetts hospitals are required to report six general categories of events, including:

• Surgical errors
• Care management problems (medications errors, pressure ulcers)
• Product or device-related complications
• Patient protection problems (suicide protection)
• Environmental problems, including slips and falls
• Criminal events

Slip and fall injuries, particularly among the elderly, constituted the most frequent problem at hospitals, with over 230 events statewide. These accidents occurred when patients were dizzy from medication, had vision problems, were not protected from falling from their beds, or did not have needed assistance.

Surgical problems continue to occur at shocking rates. The report includes 32 instances of objects being left in surgical patients, 24 wrong site surgeries (for example, wrong leg operated on), 5 wrong procedure injuries, and 1 wrong patient injury.

There were a dozen serious medication errors and a dozen pressure sore problems reported as well.

There can be little doubt that this report reflects only a portion of the serious medical events that should be reported. We say that for a couple of reasons. First, this was the first year of reporting, and hospital administrators are still learning what needs to be reported. Some hospitals have no doubt been more transparent and vigilant in their reporting and their efforts to reduce error. (Beth Israel Hospital under Dr. Paul Levy is the leader in this respect.) It is unlikely that the bed sores have been accurately reported, given the low number (12) versus the enormous patient population.

Transparency and accident reporting are two keys to improving patient safety at hospitals. Reduction in medical malpractice from surgical errors can be achieved with more time spent among the surgical staff double-checking to ensure the correct patient, the correct procedure, and the correct site of the surgery. We have previously discussed how surgical safety checklists reduce the rate of medical malpractice, including the rate of serious injuries and wrongful death.

Continue reading "Medical Errors Reported for Massachusetts Hospitals--Causes of Serious Injuries and Deaths Identified" »