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Salem MA Personal Injury Law Blog

How often do surgeon errors take place?

When Massachusetts' residents hear the term 'never event', it would be fair to assume it is something that never happens, as the name implies. In a medical context, this term refers to events that are particularly shocking and should have never happen in the first place. Unfortunately, these events do end up happening to a startling amount of patients. In fact, one example of a never event, leaving something inside a patient during a procedure, happens in one out of every 1,000-1,500 intraabdominal surgeries.

A previous study estimated that a surgeon leaves something inside a patient post-procedure 39 times a week, performs a wrong procedure on a patient 20 times a week and operates on the wrong body site 20 times a week. These are all examples of never events.

Working with you to prove negligence in a truck accident

As mentioned in last week's post, truck and big rigs play an important role in our economy. In fact, many believe they are a strong component of a burgeoning economy, which is why truck drivers are often pushed to drive faster and for longer hours. Many criticize the lack of tight regulation on trucking companies and the fact that truckers are often driving while fatigued, drowsy or sick. All of these factors end up becoming a recipe for truck accidents.

An accident with a truck is often more serious than one with a smaller vehicle. The sheer size and weight of the truck makes it a deadly object, and smaller vehicles crashing into it stand little to no chance. Motorcyclists are even more at risk for becoming seriously injured or even passing away as a result of their injuries.

How is negligence shown in MA truck accident?

Commercial vehicles, especially 'big-rig' or 'tractor-trailer' trucks play a vital role in the economy of the Commonwealth and the country. The use of these vehicles to transport not only finished products, but also the raw materials and parts that are used in manufacturing keep the chain of production running smoothly. However, the importance of commercial trucks does not render them immune to the same rules all others who use the public roadways must follow. In fact, because of their capacity to do harm, a reasonable truck driver may be required to adhere to higher safety standards than an average driver.

'Reasonableness' is in important concept when it comes to dealing with truck accidents. When a crash occurs that was caused by a commercial vehicle, those injured in the accident may have legal claims for compensation. To prevail on these claims, however, the injured party will generally have to show that the crash wasn't just bad luck. Usually, this is done by alleging negligence against someone else.

Restaurant negligence can be recipe for disaster

If you're one of many busy Massachusetts residents, you may not get many opportunities to dine out with loved ones or friends. When you're finally able to break away for a bit of rest and relaxation, you may anticipate visiting your favorite local restaurant as eagerly as children await Christmas morning. On the other hand, rather than stick within your usual traditions, you may decide to try a new restaurant you've been hearing about at work.

Either way, a night out on the town is often the perfect respite in an otherwise busy week. There aren't typically many risks involved with dining out, unless you count the obvious risks of traveling by motor vehicle to get to a particular restaurant. However, there may actually be several safety risks associated with eating away from home that you may overlook in your eagerness to enjoy a special occasion.

Failure to diagnose can worsen medical conditions

Most Massachusetts's residents go to their doctors because a medical professionalcan offer him or her medical guidance and improve an ailment. We take what our doctors have to say for granted, assuming that they will be acting in our best interest. Unfortunately, this is not always the case. Though we often forget it, doctors are also humans and this means they also make mistakes. Their mistakes, however, can lead to a worsened medical condition rather than an improved one.

One of the ways conditions end up worsened is if there has been a delay or a failure to diagnose a condition. It is this delay that has resulted in a condition that would not have happened if the diagnosis had been timely. Equally devastating is the situation where someone has been given medicine or treatment for a disease they do not have. This can be a result of misdiagnosis, but it does not always have to be. Doctors may negligently dismiss a symptom or consider it minor, failing to address it as further worsening the injury. Even where a diagnosis is correct, the treatment could end up being wrong.

What are some common causes of motorcycle accidents?

Even those Massachusetts' residents who do not have motorbikes have to admit-when they see a motorcyclist going down the road in front of them, the wind in their hair and the world at their feet, a little part of them wishes they were also on that bike. With the few summer months finally upon us, it is common to see motorcyclists on the road, enjoying the weather and avoiding the traffic when possible.

Unfortunately, the very reasons that make a motorcycle enjoyable are the ones that make their drivers more prone to accidents. The vehicle itself lacks the crashworthiness and protection a motor vehicle offers its occupants. A motorcycle is lighter in weight and does not have protective equipment such as seatbelts and airbags.

What is the statute of limitations?

Readers of the Salem personal injury law blog may be aware that they can file a personal injury lawsuit against someone who has caused their accident. Whether it was caused in a car accident or truck crash or by a medical professional's malpractice, it is possible to hold a party accountable for your harms. However, individuals may not know that time is of the essence in these situations, meaning the claim must be filed within a certain time limit otherwise a valid claim may be time barred.

Known as the statute of limitations, the act places time limits during which a case must be filed. Each state has its own statute, but the overall effect is the same-any action after this time will not be possible and the right to sue will generally be lost forever. In Massachusetts, the statute of limitations is three years of the accrual of the cause of action.

Why are there more crashes in the summer?

School has been out for some time, and Massachusetts' drivers may have noticed that there are more cars on the road, especially those vehicles driven by teenagers. Now that they no longer spend their days in school and afternoons studying, teenagers are out and about enjoying their summer vacation. This means that not only are there more cars on the road, it also means there are relatively inexperienced drivers behind the wheel going on unfamiliar routes. This can cause car accidents-in fact accident numbers spike during the timeframe from Memorial Day to Labor Day, known as the 100 deadliest days of summer for teens.

According to some estimates by the AAA, there were more than 5,000 fatalities during this period across the country in the last five years. The Highway Safety Division claims that fatal car accidents involving teens increase by 43 percent during this period.

Chemical restraint is more convenient for nursing home staff

If you have an elderly parent in a nursing home, you may take for granted that the staff looks out for your loved one's best interests and well-being. This may be especially important to you if your parent's progressing Alzheimer's is the primary reason why you chose that facility in the first place. You may know first-hand how important it is that the nursing staff carefully monitor your parent for his or her own safety.

People with Alzheimer's and other forms of dementia often exhibit behaviors that can be frustrating. They may tend to wander, to wake at odd hours of the night or to behave aggressively. While there are certainly ways to deal with these behaviors that do not place your loved one in danger, many nursing homes resort to drastic and potentially deadly methods to calm agitated dementia patients.

How do doctors try to avoid medical malpractice

All medical professionals are human. They become tired, frustrated, and even angry, sometimes while on the job. Although these feelings are understandable, it is wholly unacceptable when they interfere with an individual's medical care. All too often, fatigued, inattentive, and reckless doctors and nurses fail to live up to the standard of care they owe to their patients, resulting in serious harm and death. When this happens, a medical malpractice lawsuit can be filed in hopes of recovering compensation for damages such as lost wages, medical expenses, and pain and suffering.

Yet, winning on one of these claims isn't easy. To strengthen one's case, a victim needs to understand how medical professionals try to avoid medical malpractice. They do this by adhering to a reasonable standard of care. This post will provide guidance as to where to look for evidence that the standard of care may have been breached, which can support a malpractice claim.

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