Massachusetts Injury Lawyer Blog

A comprehensive study into hospital care found serious and fatal medical errors are occurring at the same rate, despite new programs implemented to improve patient safety.

The study analyzed patient care in 10 North Carolina hospitals from 2002 to 2007 and found no decrease in medicine errors, hospital-acquired infections and other medical mistakes. The study is said to be one of the most thorough assessments into patient safety since 1999, when the Institute of Medicine released a report that found medical mistakes caused 98,000 deaths and over 1 million injuries annually in the United States.

The study will be published this week in The New England Journal of Medicine. The research team focused on North Carolina hospitals because compared to other states, it has seen more patient safety initiatives. But the study still found medical errors and medical malpractice in a large number of cases.

The study reviewed records of 2,341 patients admitted to the hospitals and found 18 percent had been harmed by medical malpractice, some more than once.

Of these, 63.1 percent of injuries were preventable and 2.9 percent of patients suffered permanent injury, such as brain damage. Some 2.4 percent of medical errors caused or contributed to the patient's wrongful death.

Medical errors also increased costs by extending hospital stays for 42.7 percent of patients.

Medication errors caused 162 problems. Computerized systems for ordering medication can eliminate up to 80 percent of errors, the study's author, Dr. Christopher P. Landrigan of Harvard Medical School told The New York Times. Only 17 percent of hospitals use these systems.

But Landrigan said the number of medical errors is likely even greater than his study revealed because patient reporting is voluntary. He called for a monitoring system at the federal level to identify more mistakes.

The study further noted that many problems were caused by the hospitals' failure to use measures designed to prevent mistakes and wrongful deaths. Landrigan said safety protocols and checklists are fundamental to improving safety.

"Until there is a more coordinated effort to implement those strategies proven beneficial, I think that progress in patient safety will be very slow," he said.

To read more about the study, click here.

Continue reading "Study Finds Patient Safety Not Improving in Hospitals" »

As your family prepares for Thanksgiving, a lot of thinking goes into what will be on the Thanksgiving table. But more important than what you put on your table is how to cook the delicious food ....safely!

Thanksgiving is the leading day for cooking fires in the United States. Three times more cooking fires occur on Thanksgiving than on the average day. In 2008, fire departments responded to 1,300 home cooking fire accidents on the holiday, compared to 420 on an average day, according to the National Fire Protection Association.

Cooking is a leading cause of fires year-round. Two out of every five home fires in the United States result from cooking. Between 2004 and 2008, an average of 460 people died in cooking fires. Three of every five people who suffered personal injury were hurt trying to extinguish the flames themselves.

Protect your home and family this holiday with these tips:

• Unattended cooking is the most common way kitchen fires get started. Do not leave the kitchen while using a stovetop. If you must leave, turn the stovetop off until you return.


• Be alert. Do not cook if you are tired or have consumed alcohol.


• Clear your stove of anything that could catch on fire, including oven mitts, utensils and towels.


• Use a cooking timer so you do not forget you are cooking.


• Do not leave the house when cooking.


• If you are deep frying, go outside. Do not stuff the turkey. When deep frying, use turkeys that are 12 pounds or less in size. Avoid using too much oil by doing a preliminary test using water. Place the turkey in the cooking utensil and add water to cover. When you remove the turkey, measure the amount of water. Use the same amount of oil.


• Do not cook your turkey in a brown paper bag from the grocery store. They are unsanitary, emit toxic fumes and may ignite under the flames. Use a commercial oven cooking bag.


• If you do have a cooking fire, leave quickly. Do not try to put out the fire yourself. Close the door to contain the fire. If you do attempt to fight the fire, make sure others leave and you have a clear exit.

For more information on Thanksgiving cooking safety, visit the websites of the National Fire Protection Association and the USDA Food Safety and Inspection Service.

Continue reading "Cook Safely This Thanksgiving" »

Thanksgiving is just a week away and that means the holiday shopping season is almost upon us. If you are shopping for children, we want to help you make safe buying decisions to avoid injuries to your children.

Here is the 2010 "10 Worst Toys" list, published by W.A.T.C.H. This year's list showcases toys that cause potential eye injuries, choking and even death.

• Spy Gear Split-Blaster
• Supasplat Splatbaster
• Buzz Magnets
• Kung Fu Panda Sword of Heroes
• Ballzillion Tug Boat Play Center
• My First Mini Cycle
• Pull Along Caterpillar
• Animal Alley Pony
• Big Bang Rocket
• Walkaroo II Aluminum Stilts

There are some other toys you may want to keep off your shopping list. They pose no safety hazard, but we believe they demonstrate bad taste and inappropriate marketing ideas.

Here is this year's "10 Controversial Toys That Won't Be On This Year's Wish Lists," published by Wallettop.com:

• Oreo Barbie
• Terrorist figurine
• Play-Doh Drill 'n Fill Playset
• My Cleaning Trolley
• Harry Potter and the Vibrating Broom
• Breast-Feeding Doll
• Airport Security Play Set
• Mommy's Boob Job
• Mattel's American Girl Homeless Girl
• "Crazy For You" Teddy Bear

The personal injury lawyers at Breakstone, White & Gluck wish you a happy and safe holiday shopping season!

For more information on toy safety, read this report from the American Association for Justice.

Continue reading "Don't Buy Your Children These Toys This Holiday" »

As the cold weather makes its return to Massachusetts, many people are bringing out the portable space heaters.

Always practice caution when using space heaters. Each year, space heaters cause death, injury and substantial property damage in both Massachusetts and across the country.

In 2007, U.S. fire departments responded to 66,400 home structure fires that involved heating equipment, according to the National Fire Protection Association. These fires killed 580 people, injured another 1,850, and were responsible for $608 million in direct property damage.

In Massachusetts, there were 57 space heater fires between 2004 and 2008, according to the Office of the State Fire Marshal. One in every six space heater fires caused a fatality.

The leading cause of space heater fires is when the appliance gets too close to combustible materials, such as furniture, carpeting or bedding.

If you are using a space heater this winter:

• Keep the space heater at least three feet away from flammable items, such as rugs, curtains, blankets or clothing.


• Use a space heater to supplement your furnace. A space heater should not be your primary source of heat. If you are worried about having your heat shut off, learn more about the state's Utility Shutoff Protection program.


• Do not leave a space heater in a room unattended while it is turned on or plugged in.


• Take caution not to use a space heater when you are sleepy. Many fires happen when someone falls asleep near a space heater.


• Do not allow small children near a space heater.


• Do not use an extension cord with your space heater. Many space heater fires start when an extension cord ignites a carpet, rug or wood floor. If an extension cord is needed, use one that is new and rated by the Underwriters Laboratory at 16-gauge or thicker.


• Purchase a space heater with an automatic shut off. This will stop the device from working if tipped over.


• Inspect your space heater for cracks and broken parts. If you see a problem, replace it before using.

For more information on space heater safety, visit the National Fire Protection Association's website.

Continue reading "Think Space Heater Safety" »

A Massachusetts General Hospital surgeon has publicly acknowledged his medical error in a national medical journal and called on his colleagues to employ safety.

Two years ago, Dr. David Ring was scheduled to perform a routine surgery on a woman with carpal tunnel syndrome.

But problems began to emerge when the operating room was changed at the last minute. The woman was moved to another room. Dr. Ring reported to the first room and performed the carpal tunnel repair on another woman at the hospital for a finger operation.

There were several other complications, but the most significant was that the "timeout" process never occurred. This is when the surgical team runs through a checklist to make sure all necessary safety tips have been taken before surgery. Dr. Ring spoke to the patient in Spanish and other members of the surgical team thought he was running through the timeout process, but he wasn't.

Dr. Ring discussed his errors in this week's New England Journal of Medicine, urging his medical colleagues to take the time to properly follow safety procedures.

"I hope that none of you ever have to go through what my patient and I went through,'' Ring wrote. "I no longer see these protocols as a burden. That is the lesson.''

Breakstone, White & Gluck praises Dr. David Ring for discussing his medical error and reminding other medical professionals to follow safety procedures. We hope his colleagues hear his message. Because when safety procedures are followed, patients stay safe and costly medical lawsuits are avoided.

"We applaud Dr. Ring for publishing this article in the New England Journal of Medicine," said Marc Breakstone, a Boston medical malpractice lawyer. "This should be a clarion call to all surgeons to take extra care to protect patient safety.

To read Dr. Ring's article in the New England Journal of Medicine, click here.

To read a Boston Globe article about the case, click here.

Continue reading " MGH Doctor Issues a Reminder for Safety" »

A new state report shows DCP Midstream, which distributed the unodorized propane that caused a deadly Norfolk condo explosion, also shipped dangerous propane to four gas facilities serving Massachusetts consumers.

The report was released by Attorney General Martha Coakley and State Fire Marshal Stephen Coan last week. It found DCP Midstream distributed under-odorized propane to four sites associated with Heritage Propane in Sandwich and Martha's Vineyard. DCP Midstream also had unodorized propane in five railcars at its Westfield facility. Federal and state laws require propane to have an additive known as mercaptan, which emits a strong odor.

The report was prepared this fall by an independent propane expert. Prior to the investigation, state investigators had found six other distributors in Massachusetts received deficient propane.

On July 13, a 48-year-old electrician was killed in a condominium explosion at The Village at River's Edge in Norfolk, Massachusetts. The complex had received unodorized propane distributed by DCP Midstream. There was a propane leak, but none of the workers at the scene that day were able to smell propane.

"We applaud the swift investigation by the Attorney General's office, and the findings of the Independent Examiner," said Marc Breakstone, the attorney for the electrician's family. "But this report does not answer the question of how odorless gas ended up in the environment at the explosion site. Only time and extensive discovery will reveal the truth about how this catastrophic explosion occurred."

State officials say the affected companies have all addressed the deficient propane. Independent testing will continue at DCP Midstream's facility for two years.

DCP Midstream began distributing the dangerous propane in Massachusetts in May 2010. The propane originated with Aux Sable Liquid Products of Illinois.

Click here to read the Attorney General's press release on the report about DCM Midstream's propane deliveries.

Click here for propane safety tips.

Continue reading "Propane Distributor Linked to More Odorless Propane" »

Each day, it is getting darker outside earlier and that means Daylight Saving Time is almost here. Next Sunday, Nov. 7, we "fall back" again and set our clocks back an hour.

Daylight Saving Time began during World War I to take advantage of the longer days and save energy costs from increased sunlight. Retailers like it because they believe it increases evening shopping. But today, fire departments across the country use it as a reminder to check the batteries in your home's smoke alarms.

It's important to follow this advice. Approximately every three hours a home fire death occurs in the United States. Eighty percent of these occur in homes without working smoke alarms. Many other people sustain serious personal injuries.

Daylight Saving Time is also a good opportunity to test your smoke alarm, although the Consumer Product Safety Commission (CPSC) recommends smoke alarms be tested once a month.

In between monthly checks, pay attention for failing batteries. It's time for a new battery if a smoke alarm begins to chirp. This is the smoke alarm's low-battery warning.

Also make sure you have an adequate number of smoke alarms to protect your home. The CPSC recommends at least one smoke alarm on each level of your home. Make it a priority to place alarms near bedrooms and inside bedrooms. If you are changing the wiring in your house, wire your smoke detectors together. That way, if one goes, they all go.

Another suggestion is to produce a fire evacuation plan and do a home fire drill. When there is a plan, people panic less and there is a better chance they will escape the flames faster. For assistance with this, visit the National Fire Protection Association's web page on fire escape planning.

For more information on smoke alarm safety, visit the Consumer Product Safety Commission's website.

Continue reading "Daylight Saving Time is Time to Check Smoke Alarm Batteries" »