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Salem MA Personal Injury Law Blog

The basics of a medical malpractice claim

Each year, thousands of Americans are injured or subjected to a worsened medical condition due to medical malpractice committed by doctors, nurses, and other healthcare professionals. Massachusetts is not immune to these occurrences. When medical malpractice occurs, Massachusetts residents need to know the steps necessary to pursue legal action in hopes of recovering compensation for their damages.

First, it is important to understand the "elements" of a medical malpractice claim. The first element is that a "duty" must have existed between the healthcare professional and the patient. This can be a fairly easy step, as it is usually quite obvious when a doctor-patient relationship exists, although sometimes this can be a tricky step to establish. Healthcare professionals owe their patients a duty to care that is competent to the treatment being rendered.

One dead, one injured, and one arrested after car accident

It is a sad reality that car accidents are incredibly common in America, and Massachusetts is not exempt. In fact, some reports note that instances of car wrecks are actually on the rise in our country despite years of a downward trend in these statistics. Car accidents can result in injuries and even fatalities, which means more people may be at risk than ever before.

Unfortunately, a recent car accident in Massachusetts highlights the importance of this issue. There, according to reports, two cars collided during the late evening hours on June 28th. From the details provided in the initial reports, it appears as if the collision may have been a head-on crash, as there was reportedly front-end damage to both of the vehicles involved. The reports state that when emergency responders arrived on the scene it was immediately apparent that the crash was serious.

Establishing negligence in a truck accident case

Semi-trucks and other "big rigs" are fairly prevalent on the roads of Massachusetts. Our readers are probably encountering these large vehicles on the roads every day, in their commutes to work, school or as they run other errands. It is important for Massachusetts residents to understand the awesome destructive power of these large vehicles and, if the worst happens and truck accident occurs, how to establish negligence in a truck accident lawsuit.

First and foremost, it is important for victims who have been injured in a truck accident to concentrate on getting the appropriate medical treatment for their injuries and their physical recovery. However, we all know that medical treatment is expensive these days, and if the accident was caused by no fault of the injured victim, then it may be possible to hold the truck driver or the truck driver's employer liable for causing the accident.

What dram shop laws may have to do with your Massachusetts crash

Massachusetts roadways, like most other highways in the nation, are dangerous places nowadays. High-speed traffic, inexperienced drivers and others who are negligent at the wheel can make you feel like you achieved a major victory by safely reaching your destination. Drunk drivers are some of the worst menaces on the road. It's no secret that other people's poor choices to drink and drive not only costs lives but can also devastate the lives of those who survive their victims.

If you or your loved one suffers injury in a motor vehicle collision that a drunk driver caused, you may experience feelings of anger and frustration during recovery. That's understandable and quite common among those who have gone through similar experiences in the past. Proactively guiding your own path to healing may help you cope with your emotions. For many, seeking justice helps bring closure and makes some sort of sense out of a seemingly senseless situation. Beyond the driver, others may also be liable for your injuries.

Recovering damages after a crash is possible with help

The past couple of posts on our personal injury law blog have highlighted two important issues related to car accidents and injuries. First, it is not always easy to determine who will be able to compensate an accident victim for injuries he or she suffers in a wreck. Second, whiplash is a common injury suffered in these accidents, which if not treated properly could result in chronic pain. As a result, car accident victims who are injured in a wreck caused by the negligence of another should consider filing a personal injury lawsuit in hopes of recovering compensation for their damages.

Who pays for damages suffered in an accident with a teen driver?

There are a number of reasons why car accidents occur. This includes a driver's inattentiveness, intoxication, or drowsiness. One of the factors less commonly talked about is inexperience. Teen drivers, for example, have recently begun driving and are usually unable to anticipate a vehicle's reaction time and respond accordingly. This is why accidents involving teens are often more common than those involving middle-aged drivers.

However, when an accident is caused by the negligence of a teen driver, recovering compensation through a personal injury lawsuit can be difficult. The reason for this is quite simple: they do not have any financial sources. In Massachusetts, however, parents can be held responsible in a civil suit for their children's harmful actions in a similar way to an employer being held liable for an employee's actions. Even though not directly responsible, a parent can be held responsible.

Whiplash is a common injury suffered in rear-end crashes

When someone has been injured in a car accident, some of the injuries become apparent immediately. Bruises and broken bones, for example, are identified and receive medical treatment as soon as possible. Other injuries often take days, if not weeks, to manifest and can become chronic if not treated properly.

Whiplash is one of these injuries that often develops over time, though not always. This injury occurs when a person's head moves backward and then suddenly forward with great force, causing the soft tissues, such as neck muscles and ligaments, to become extended beyond their typical range of motion. This type of injury is common after car accidents, especially rear-end collisions.

Some surprising motorcycle accident statistics

With spring in the air, it may come as no surprise to Massachusetts' residents that May is National Motorcycle Safety Awareness Month. Though it may seem to motorists that motorcycles are suddenly everywhere, the reality is that they only accounted for three percent of all registered vehicles on the road in 2016 and amount to only .7 percent of all miles traveled in the country.

Despite this, motorcyclists accounted for 13 percent of all traffic fatalities in 2016 and 91 percent of those were male riders. Since the vast majority of vehicles on the road are not motorcyclists, motorists rarely think about them and this is the problem. In a motorcycle accident, it is usually the motorist who violates the rules of the road. Motorists often don't see these riders, perhaps because motorcyclists are in a driver's blind spot, which, when motorists change lanes into a motorcyclist, is sometimes how they end up violating a motorcyclist's right of way.

4 common medical errors that could cause harm or death

Doctors and other medical professionals go through years of education and training in order to become proficient in their areas of medicine. Because of the extensive effort that these individuals must put into learning their profession, you and most other patients trust your doctors to perform their duties properly. Of course, you are also aware that even professionals make mistakes.

Unfortunately, even a slight medical error could have severe impacts on a patient. In worst cases, patients could even die as a result of such mistakes. While you may hope that you and your loved ones will avoid such scenarios, you may not find yourself so lucky. If you suffer severe injuries or lose a loved one in such an incident, you may want to review your legal options.

Construction site accidents increase in summer months

Many construction projects get underway during the summer in Massachusetts, including those to improve the roadways. Generally, the signs illuminating work zones are quite obvious-drivers are advised to slow their speeds and given various directions through different signage and these measures are taken not just for the safety of the drivers but also for the construction workers. Unfortunately, when the warnings are not taken seriously, construction workers can get injured in a construction site accident.

According to the Department of Transportation, crashes in work zones have increased 7.8 percent between 2014 and 2015. In 2015, a work zone crash took place every 5.4 minutes, 70 work zone crashes resulted in at least one injury in a day and in a week there was one fatality for every 12 crashes. The fatal crashes seemed to take place more in the summer months and 65 percent of them took place during the daytime.

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