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Medical Malpractice in Boston

Most doctors aren’t “Dr. House.” And, some doctors, rather than curing, end up causing their patients even more harm. Medical Malpractice is a type of personal injury case that arises when a patient has been injured because of the improper action (or inaction) of a healthcare professional or medical facility.

Negligent actions resulting in medical malpractice cases can include an error in diagnosis, treatment, or illness management. If you have suffered injuries due to the improper actions of a medical provider or health care facility, a Boston Personal Injury lawyer can help you understand if you have a personal injury case.

Recently in Medical Malpractice in Boston:

DES Breast Cancer Lawsuit Hits Boston Federal Court

A lawsuit involving a pregnancy drug allegedly linked to breast cancer has made its way to a Boston courthouse, reports The Associated Press.

The lawsuit was brought against Eli Lilly & Co. for their drug DES, or diethylstilbestrol. Four sisters allege that they were all diagnosed with breast cancer as the result of their mother taking DES while she was pregnant.

The Melnick sisters claim that the drug is to blame. They are bringing their lawsuit, which seeks unspecified damages, in a federal court in Boston.

Not that the Sox really need any more bad news this year, but Carl Crawford is likely done for the season because of his upcoming elbow surgery. This comes after Crawford had to deal with outright racism while playing with the Portland Sea Dogs on a rehab assignment.

Unfortunately, the rehab didn't do enough to help heal Crawford's elbow. He will be undergoing Tommy John surgery to repair his torn ulnar collateral ligament in his left elbow, according to The Boston Globe.

When Crawford undergoes surgery, he will have to give informed consent to the doctors. How will that affect what the surgeon can do?

First Total Artificial Heart Implant in New England; Who's Liable?

In February 2012, the Brigham and Women's Hospital became the first in New England to complete a total artificial heart implant on a patient, reports the Boston Globe. While it is a milestone, the transplant is only meant as a bridge between James Carelli's heart and a donor human heart.

Since Carelli also needs a kidney transplant, he must stay in the hospital while he has the artificial heart, according to the Globe. This advance in technology raises the issue of who will be liable in a future when more people have man-made organs that can potentially fail.

Hepatitis Outbreak Linked to Drug Diversion by Worker

In mid-May an investigation began when four patients from the Exeter Hospital's cardiac catheterization lab were diagnosed with hepatitis C in an apparent hepatitis outbreak, reported
The Associated Press.

In the second week of June, the investigation concluded that the most likely cause was a health worker at the hospital had engaged in what is called “drug diversion,” reports the AP.

Drug diversion means that the employee was using the drugs intended for a patient, and then re-using the syringe to administer the medication to the patient, according to the Boston Herald.

A New York family who filed a malpractice lawsuit against a Massachusetts school for disabled children for administering shock treatment to their son has settled its lawsuit with the school, The Associated Press reports.

Andre McCollins was born with acute mental and behavioral problems resulting from autism. While attending the Judge Rotenberg Center in Canton, McCollins was repeatedly subjected to painful shock treatment, according to the lawsuit.

Statins FDA Warning: Lipitor, Zocor, Pravachol, Under Spotlight

The Food and Drug Administration has released warnings about "statins", reports Fox News.

Statins are cholestrol-fighting drugs that are very popular. But now it turns out that some patients taking statins might face a "small increased risk" of higher blood sugar levels and may end up being diagnosed with diabetes.

The most popular statins are Lipitor, Lescol, Pravachol, Crestor, Mevacor, Altoprev, Livalo and Zocor, reports Fox.

Prostate Cancer Screening: PSA Blood Tests Criticized

New data from one of the larger studies of prostate cancer screening are showing that the commonly used PSA blood test may not save lives, reports The New York Times.

The verdict that healthy men shouldn't get the prostate-specific antigen test, or PSA blood test, came down from the United States Preventive Services Task Force. Its conclusions was based on five clinical trials, which showed that while PSA screening did detect more cancers, it didn't save more lives as compared with a group of men that received routine medical care.

Dentist Michael Clair's Paper Clip Root Canals

Take the scariest and most painful dental procedure known to man and imagine all the ways a dentist might make it even worse. For some Medicaid patients in Fall River, this was precisely their situation when dentist Michael Clair allegedly used sections of paper clips instead of stainless steel posts to do their root canals, reports the Associated Press.

As a result of this mind-boggling act, the dentist is being charged criminally. He pled guilty to defrauding Medicaid, assault and battery, illegally prescribing prescription drugs, and witness intimidation. It turns out that his attempt to do paper clip root canals was an attempt to save money.

Mass. Hospital Mistakes

Wrong body parts getting operated on; getting the wrong medication; getting seriously disbaled -- according to a hospital safety report released by Mass. regulators the year 2010 was just as bad as 2009, reports the Boston Globe. According to the Globe:

In all, 510 patients suffered from a so-called serious reportable event in 2009 compared with 512 in 2010, according to the numbers released by the state Department of Public Health.

The data is for Mass. hospital mistakes is state-wide and not released for individual hospitals.

Breast Implants Death After Procedure at Destination Beauty?

A 39-year old Framingham housekeeper died a day after she received breast implants at Destination Beauty Medspa. Results of an autopsy are pending for Adriana Paula Da Silva Toledo that can show whether the woman suffered a breast implants death.

According to MetroWest Daily News, Toledo went to Destination Beauty Medspa over the weekend for her surgery. Toledo was reportedly groggy following the surgery and fell in her bathroom the next day. She was taken to MetroWest Medical Center and was pronounced dead due to a clot in her heart, said doctors. An autopsy may determine whether that clot was related to the breast implants.