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As I think many of you know, a good deal of my injury law practice involves representing victims of nursing home neglect and abuse. In this post, I’m asking you to prioritize just a few seconds in making a very time-senstive, important statement now to the federal government, on the subject of nursing homes across the United States. Believe me, the issue at stake here is anything but “unimportant” or “boring” -especially if a loved one or you needs to go into a nursing home. So I’ll try to make this quick, easy to understand, and importantly – easy to have your voice heard on.

The problem: Whenever anyone enters a nursing home for the first time, almost all nursing homes require the patient or family member to sign what is called a “Pre-Dispute Arbitration Clause.”

What these clauses say and do: They force the patient or family member to agree in advance that any problem or dispute concerning the care of the patient, will be decided by private arbitration, and not by the court system. Most of these types of claims involve patient neglect or abuse that often involves horrific harm, broken limbs, medication errors, dehydration, body ulcers, and untreated pain.

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Politics is often a sickening business.  A place where honesty, ethics, the public interest and conscience take a back seat to money, expediency, self-interest and cowardice.  Money talks in politics – it is the fuel that drives it.  And individual career interests are almost always the hands on the steering wheel, directing where something a given bill ends up.  The realistic know this in the present; the idealistic will in the future.

But when the effort that is scuttled is a bill that would have increased the financial penalties that the state could slap scofflaw Massachusetts nursing home operators with – thus abandoning the weakest and most vulnerable members of the public – that is beyond sickening.  You see, the Massachusetts Legislature seemed all set – in both the House and Senate – to include an amendment to the annual state budget, that would have empowered the state to do just that.  The amendment was drafted and admirably lobbied for by state Sen. Mark Montigny of New Bedford.  As a Massachusetts nursing home abuse attorney, I can assure you that he is to be hailed for that effort.

When Sen. Montigny attached the amendment a few months ago, appropriately named “Preventing Patient Abuse in Nursing Homes,” no one on Beacon Hill openly opposed it.   Strategically, this is how it works – because any elected (or even appointed) official opposing such a laudable measure probably wouldn’t last too long in public life.   But there were those in the legislature who opposed it – lurkign behind the scenes.  They just kept their mouths shut until the “right time,” when they would act on behalf of their moneyed masters, otherwise known as nursing home lobbyists.

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In my previous post on this story, I wrote of the recent, horrific death of a 2 year old boy killed in an alligator attack at Walt Disney World in Florida.  Specifically, I discussed that Disney had more than adequate reason to know that guests and visitors to their “Polynesian Village” attraction there were at risk of being injured or killed by alligators in a lagoon they maintained on that property.

Now, let’s talk about the legalities of this situation.

In my view as a Massachusetts negligence and injury attorney, Disney is in an extremely precarious legal position in this matter.  The reason for this is found in the basic elements of negligence that every first year law student is taught.  Those elements are contained in four terms, as follows:

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I usually write in this blog about primarily injury liability issues that occur in, or are likely to affect, Massachusetts residents.  And an alligator attack isn’t exactly likely in this northeast state, that’s for certain.  So why write here about the devastating tragedy that occurred in Walt Disney World in Florida, where a 2 year boy was killed by an alligator at Disney’s theme park there?  Two reasons: 1) Because there are amusement parks and theme parks in Massachusetts, and the framework of the Disney accident illustrates in a fairly illustrative way, how and why theme parks can be held liable for injuries that occur on their property.  2)  At least as reported so far, this tragic case illustrates corporate negligence at its worst.

The facts of this story, as reported this far, are nothing short of horrific:  A young family from Nebraska travels to Disney World in Florida for a vacation.  They were staying at the resort’s Grand Floridian Hotel, next to the “Polynesian Resort Village” attraction, which has a hotel abutting a man-made lagoon.  The lagoon area recreates a beach environment, complete with beach loungers.  The only warning signs present at the site are “No Swimming” signs.  The couple’s two-year old son waded six inches into the water, when a six-foot alligator snatched the toddler, dragged him under water and killed him.  As the boy’s horrified parents watched. Continue reading

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For anyone who reads this blog, it’s no secret that I’m passionate about protecting the rights of elders and sick, disabled people in Massachusetts nursing homes and extended care facilities.  Today’s post is Part Three of three recent posts I’ve dedicated to this subject, and it will outline the typical warning signs of nursing home patient neglect or abuse to look for. Continue reading

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In a previous post, I wrote of state & federal government agencies that family members can report suspected cases of Massachusetts nursing home neglect or abuse to.  While you can & should copy the contact information for several agencies that are outlined in that previous post, I don’t want readers to get a false sense of security about the existence of these agencies.  The sad and disturbing reality is that the families and loved ones of nursing home residents must be their own ‘first-line watchdogs,’ and serve as the primary point of monitoring the care of their loved one who is living in a nursing home.  Government agencies, whether state or federal, are simply too-thinly staffed, too over-worked, and in some instances, simply too inattentive, or incompetent, to protect Massachusetts nursing home residents from abuse & neglect.  It’s just one of the sad-but-true realities of the nursing home industry.

In today’s post, I want to offer some suggestions as to what family members can do to minimize the chances that their loved one will become the victim of nursing home abuse or neglect. Continue reading

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There was a disturbing item in today’s news, about an assault and battery that occurred at a Brighton bar recently.  It illustrates an important legal reality surrounding the liability of bars, taverns and restaurants, for injuries that patrons can suffer when attacked at such an establishment.

Before I discuss the legal issues here, some background on this incident:  The Boston Globe and other media have reported that on January 24 2016 at about 1:00 AM, about 20 men viciously attacked another man (yes, one man,) inside the Green Briar Pub on Washington Street, in Brighton.  According to police reports, the assailants used glass bottles, fists and even chairs in the attack.  It will come as no surprise that the victim was extremely seriously injured – and that’s just discussing his physical injuries. Psychologically, the trauma from such an event can last a lifetime.  Just try to imagine being the victim of such a savage, barbaric attack. Continue reading

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In my previous post on this subject, I wrote of how The Boston Globe’s Spotlight Team recently ran a Spotlight Investigation into the practice of surgeons conducting “simultaneous surgeries: at the esteemed Massachusetts General Hospital.  This practice involves a surgeon or surgeons ‘shuttling’ back and forth between separate operating rooms, operating on separate patients, for with entirely separate O.R. teams.  Sound crazy?  Well, MGH officials claim that it’s s ‘sound’ and ‘safe practice, which saves time and money, without elevating the risk of harm to their patients.

Don’t tell that to a patient by the name of Tony Meng.  As the Globe’s Spotlight Team recently reported, Mr. Meng was examined at MGH for neck pain, combined with tingling in his arms and fingers. An MRI revealed a condition that was creating compression of his spinal cord. Continue reading

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I’ve written in this blog extensively on the subject of medical negligence.  Some people have a hard time believing that medical negligence (medical malpractice) is really all that prevalent.  But it is – far more than the average person knows.    Approximtely 400,00- people die of medical negligence every year in the united States.  That fact comes from recently published study in the Journal of Patient Safety and was conducted to update decades-old data that consistently stated that fewer than 100,000 Americans die each year due to medical errors.  While doctors, hospitals and medical professionals have always quoted that figure, there was just one, huge problem with it:  It was based on data over 30 years old – from 1984.  The present-day reality:  Over 400,000, each year.

While frightening, this fact doesn’t make doctors or nurses “evil” – it makes them human.  But these errors DO occur, and they DO cause the victims of these medical errors terrible consequences.  As a Boston medical negligence lawyer, I’ve seen these realities first-hand, and I know the damage and heartache they can cause.  The the laws of Massachusetts provide redress against these events, and I’m proud to represent the families and individuals that I do, who have suffered the consequences of medical malpractice. Continue reading

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With the last day of the year upon us, almost everyone and his brother is going out to celebrate New Year’s Eve tonight, and party the night away. If you’re planning on being in a car tonight, I’d think twice about that.

By the numbers, New Year’s Eve is one of the most dangerous nights of the year for drivers to be on the road. According to the National Highway Traffic Safety Administration, December 31st and January 1st have the highest rate of motor vehicle accidents in the entire year. Massachusetts is no exception. The obvious reason? Alcohol. And this is despite the fact that just about every Police Department in Massachusetts, as well as across the country, routinely warns of police roadblocks and checkpoints across the state. In addition, anti-alcohol and safe driving groups such as Mothers Against Drunk Driving, heavily promote messages against drinking and driving, especially during the holidays. Continue reading