Hospitals may have to pay when outsourced doctors are negligent

A Massachusetts judge recently ruled in Beauregard v Peebles that a hospital can be held responsible for the medical mistakes of a physician who is classified as an independent contractor, the Legal Laser reported on March 2.

A patient who underwent surgery at a private hospital Metrowest Medical Center in Framingham and Natick became paralyzed after a doctor at the hospital gave her anesthesia, inserting it directly into her spine before the surgery to manage the level of pain she would feel while under surgery. Although the doctor was not classified as an employee, his title was Chief of Anesthesia, he wore a coat with his name and the hospital’s name on it, and the form the patient signed did not indicate that he was an independent contractor.

Many hospital have begun hiring doctors and other staff on a contract basis to limit their liability, but this can seriously limit a medical malpractice victim’s options for recourse.

The Massachusetts attorneys of Crowe & Mulvey, LLP, passionately represent medical negligence victims and may work on your behalf for the funds you need to recover. Call our offices at (617) 426-4488 today to learn more.

Resolution programs enacted at Massachusetts hospitals

CARe is a new system enacted by two Massachusetts hospitals to encourage greater resolution between medical malpractice victims who want closure and the medical facilities that may have made a mistake, New England Public Radio reported on October 2.

Previously, hospitals would deny and allegations of medical malpractice and aggressively defend against them. However, this prevents families from getting closure and also stops hospitals from improving. Baystate Health and Beth Israel Deaconess are spearheading the program to make it possible for patients to know the truth about their case and what will be done to prevent future occurrences of error.

The program is entitled CARe, which stands for communication, apology, and resolution. After reviewing 100 cases, Baystate administrators found six they believe deserved an apology and further resolution. In some cases, compensation was included, although how much and to whom was not disclosed.

The Massachusetts attorneys at Crowe & Mulvey, LLP, understand the devastation that can result from a medical error or medical negligence. We are dedicated to fighting for financial compensation on behalf of medical malpractice victims, and we may be able to help you. Call our offices at (617) 426-4488 today to learn how we may advocate for you.

Medical malpractice cases must be registered in national database

The United States Department of Health and Human Services has stated that all medical malpractice claims must be logged on to a national database even if they do not result in litigation and are settled out of court, Modern Healthcare reported on August 13.

Many states have methods of solving medical malpractice cases out of court in order to avoid lengthy trial battles. This statute was approved and signed by former HHS Secretary Kathleen Sebelius in order to ensure that these malpractice instances do not go unreported and ignored after settlement. It was directed at the policies of two states in particular–Massachusetts and Oregon.

All cases must be reported to the Health Resources and Services Administration’s National Practitioner Data Bank. This will ensure full disclosure for the public.

If you or a loved on has experienced medical malpractice or negligence, enlist the assistance of an attorney as soon as possible. The attorneys at Crowe & Mulvey, LLP, in Massachusetts are dedicated to pursuing financial compensation on behalf of our clients from negligent parties. Call our offices today at (617) 426-4488 to learn more.

Daughter of medical malpractice victim awarded $16.7M

A jury recently granted the daughter of a medical malpractice victim $16.7 million, the Associated Press reported on June 30.

The award was given to Boston resident Johnette Ellis, whose mother died of lung cancer at age 47 in August 2008–two years after her doctor, Dr. Pete Clarke, missed signs of the cancer in an x-ray he examined. The money is the largest compensation package granted so far this year in Massachusetts.

Brigham and Women’s Hospital said Clarke upheld the necessary standard of care in the situation, and Clarke’s attorney stated that he intends to appeal the ruling.

Medical professionals and institutions are held to a high standard, as these are individuals and facilities to which we entrust our health. When a doctor fails in his responsibilities, he or she can often be held accountable through a medical malpractice suit. If you or a loved one has suffered at the hands of a negligent medical professional or institution, the attorneys at Crowe & Mulvey, LLP, may help you pursue compensation for damages. Call our Massachusetts offices today at (617) 426-4488.

Medical malpractice investigation of dentist whose patient died

Dr. Rashmi Patel, a dentist who has offices in Enfield and Torrington, Massachusetts, appeared before the State Dental Commission on June 18 to answer allegations that he caused the death of one of his patients because of serious negligence and medical malpractice, The Hartford Courant reported.

The charges stemmed when his Ellington patient Judith Gan, 64, died while sedated for bone grafts, the extraction of 20 teeth and implants on February 17. Patel allegedly ignored signs of Gan’s oxygen desaturation and impending respiratory failure. Expert Dr. Gary Pearl asserted that he would never put a patient under sedation for so many procedures at once, especially considering Gan’s history of heart and circulatory problems.

Patel, who is due for another hearing on July 16, has had his dental license revoked.

If you or a loved one has suffered from the irresponsible actions of a healthcare professional, our medical malpractice attorneys at Crowe & Mulvey, LLP, may help you pursue compensation for your losses. To discuss your situation today, call our offices today at (617) 426-4488.