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Salem MA Personal Injury Law Blog

Teenager thrown from pickup and seriously injured

Pickup trucks are attractive vehicles for teenagers. They provide promise of adventure and excitement, but too often, the promise that is fulfilled is serious injury. The open box on a pickup is often used to carry passengers who have no restraint system to protect them from wild or erratic driving. The hazards of using a pickup truck for joy riding was demonstrated by a truck accident that caused serious injuries to a resident of Lowell, Mass.

According to reports of the accident, a young man was riding in the open box of a pickup when he was thrown from the truck. When emergency workers arrived, the young man was lying on the ground. They saw that he was suffering from several traumatic injuries. According to rescue workers, the young man had been riding in the box of the truck, which was being driven in an erratic manner. The unpredictable driving apparently caused the young man to be thrown from the truck. The victim was taken by ambulance to Lowell General Hospital and then flown by medical helicopter to Meth Israel Deaconess Hospital in Boston. His injuries were described as serious and life threatening.

We help with misdiagnosis and other acts of medical malpractice

While everybody makes mistakes, some people's mistakes have more ramifications than others. A doctor's mistake can be severe if a patient is injured or killed as a result of it. While doctors are not expected to be perfect, they are expected to perform up to a minimum standard of care. If they do not, and a patient is injured as a result, then the patient or their family may have a cause of action against the doctor for medical malpractice.

A little while ago, we told you about the most common kind of mistake that gives rise to a malpractice claim. That common kind of mistake is misdiagnosis. An insurance company found that a full 46 percent of malpractice claims were the result of misdiagnosis. Other studies have found similar results. While not all cases of misdiagnosis are problematic, many cases are problematic indeed.

Seven kids injured when charter buses collide

Field trips for school children are intended to be both entertaining and educational. They are not supposed to end with multiple injuries. Some field trips, unfortunately, end in tragedy or near tragedy and send more than a few children to the hospital. A collision of two charter buses near Duxbury avoided profound tragedy but still managed to cause injuries to seven children and one adult.

Two charter buses were carrying fifth graders on their return from a visit to the Boston Museum of Science. A third vehicle - an SUV - that was traveling ahead of the buses slowed suddenly and inexplicably. The bus immediately behind the SUV came to a complete stop to avoid the SUV. The second bus then crashed into the first bus. Six children and one adult were deemed to have suffered injuries that required medical attention. All seven were taken to Beth Israel and Deaconess Hospital for treatment.

Serious injuries on the rise in construction and transportation

New technology and research are making many aspects of our lives safer than ever. From crash-prevention technology to a better understanding of how the human body works, these innovations help prevent accidents and illnesses of all kinds. Unfortunately, these improved safety measures do not appear to be translating into certain industries where are a large number of workers still suffer serious injuries.

Workers employed in the construction and transportation industries are facing growing risks. From increased fatalities to more injuries, these men and women are putting their safety on the line in these necessary industries.

Motorcyclist injured when ladder falls from truck

Motorcyclists in the Boston area are usually aware of the hazards that they face while they are riding on city streets and Interstate highways, but those hazards are usually posed by other vehicles. Colliding with an automobile or truck can expose a motorcyclist to very serious injury. Trucks with open beds, such as pickup trucks, pose an additional risk if their contents are not adequately secured. A recent accident apparently caused by an unsecured load in the back of a pickup truck has inflicted serious injury on a motorcycle rider.

The victim was apparently following the pickup truck on Route 495 in Haverhill when a ladder that was being carried by the truck flew out of the bed. The ladder struck the motorcyclist and knocked him from the bike. The cyclist was taken to Lawrence General Hospital and then flown to a hospital in Boston for treatment of his injuries, which were described as serious. The driver of the pickup truck was not injured. He was, however, cited for driving with an unsecured load.

Appealing the denial of a workers' compensation claim

Any Massachusetts worker who suffers an injury or illness whose cause is related to the worker's occupation can obtain benefits through the state's workers' compensation system. Unfortunately, some claims are disputed by the employer and are totally denied or granted only in part. If a person's claim is denied by the employer or the employer's workers' compensation insurer, the employee has the right to appeal this decision and seek its reversal. An employer also has the right to seek a modification or cancellation of the award.

The appeal must be filed with the Department of Industrial Accidents (DIA). The DIA will schedule an informal meeting of the employer and employee, which normally takes place within 12 business days of the filing of the notice of appeal. If the claim is not settled at this meeting, the DIA will refer it to a conference conducted by an administrative law judge (ALJ). After the conference, the ALJ will issue an order either affirming the denial or reversing the denial and ordering the employer or its insurer to pay the claim. An employee who disagrees with this order may file a request for hearing before an ALJ. This request must be filed within 14 days of the date of the order from the Conference. If this appeal is based on medical issues, the employee must pay a fee that is used to retain an independent medical expert to evaluate the evident.

Two truck accidents cover sections of I-495 with packages

When Massachusetts residents hear about a truck accident, they usually wonder if anyone was hurt and how serious were the injuries. Damage to the cargo carried by a truck is often overlooked. Two recent truck accidents involving vehicles carrying packages appear not to have caused any serious physical injuries, but somewhere between 400 and 1,000 packages were scattered across different parts of I-495. Many of the packages appear to have been damaged by the collisions.

The first of the two collisions was reported at about 10:30 p.m. in Chelmsford. According to Massachusetts State Police, a UPS truck carrying packages collided with a semi tractor-trailer. One side of the UPS truck was pried open like a can, and the truck's contents was spilled across the freeway. The two truck drivers and the driver of a passenger vehicle were taken to Lowell General Hospital for evaluation and treatment of non-life-threatening injuries. State police estimated that about 1,000 packages were spilled from one of the vehicles, a UPS truck. UPS sent another vehicle to aid in clearing the packages from the highway. The accident closed two lanes of the Interstate while the spilled cargo was collected.

Misdiagnosis as leading reason for medical malpractice claims

In the popular mind, severing the wrong limb or leaving a surgical instrument in the patient are probably the two most common stereotypes of medical malpractice. Two recent studies by insurance companies that insure physicians against malpractice claims provide information that rebuts these stereotypes. In fact, both studies found that mistaken diagnosis and not some form of erroneous procedure is the leading reason for medical malpractice claims.

Boston contractor sued by Department of Labor for retaliation

Massachusetts has a comprehensive workers' compensation system that is designed to compensate individuals who suffer injuries or illnesses that result from conditions in the workplace. The system requires an injured employee to file a claim before benefits can be paid. In order for the workers' compensation system to work, employees must feel free to report an injury or illness. For that reason, both federal and state statutes impose penalties on employers who discourage or deter their employees from reporting injuries. The United States Department of Labor has recently commenced a lawsuit against a Boston contractor that is alleged to have taken retaliatory actions against an employee who filed an application for workers' compensation benefits after falling from a ladder in 2017.

The employee reported his injury and filed an application for workers' compensation benefits payable by his employer, Tara Construction Co. According to the complaint filed by the Labor Department, Tara caused a law enforcement investigation of the worker's immigration status that led to the worker being arrested and incarcerated. The employee had scheduled a meeting with the company president at the company offices. When he arrived, Immigration and Customs Enforcement officials were waiting, and they arrested the worker. According to OSHA officials, the owner of the construction firm cooperated with ICE in arranging the arrest.

Preventable nursing home elopement leads to tragedy

One of the most frightening moments an adult child faces when a parent has dementia is when the parent goes missing. You may have stopped by your parent's house to find the doors open and the stove on, or someone contacted you after finding your parent wandering in a section of town where he or she should not have been. These moments are often the catalyst for a family seeking a nursing facility with appropriate care for patients with Alzheimer's or other forms of dementia.

Unfortunately, just because the nursing home claims to have a secure facility does not mean your loved one is safe from wandering. Wandering outside the walls of the nursing home, called elopement, is so common that experts say a nursing home staff should expect it, especially of new residents. Therefore, you may have many questions and concerns if your parent managed to elope from the facility where you placed him or her.

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