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Boston Medical Malpractice and Workers' Compensation Blog

Can I file a claim for workers' comp after a scaffold injury?

It's quite common to see Boston construction workers climbing around on scaffolding erected all over the city. In fact, by Occupational Safety and Health Administration (OSHA) estimations, approximately 65% of construction workers' job duties place them regularly on scaffolds.

An accident on a building scaffold can be quite serious, however. There are many things that can go wrong on a scaffold, including:

  • Failure of the hoists or lifts
  • Loosened anchor joists
  • Objects falling from above
  • Improper installation of the scaffolds

Patient sues UnitedHealthcare for treatment denial

Cancer is definitely a life-threatening diagnosis, and when doctors fail to diagnose it in time, patients can die. But sometimes patients are put at risk not because of any negligence from their health care providers but due to denials of care from their health insurance carriers.

Such was the case for one 30-year-old married woman from Charlestown. Her doctor initially prescribed chemotherapy and radiation to shrink the tumors found in her cervix. However, her cancer was very aggressive and soon spread elsewhere in her body.

Home health workers face high injury risks

As the American population ages, there will continue to be a need for home health workers to provide care and assistance to patients. The value of these workers is incalculable, as many might otherwise have to live in-patient at nursing homes or worry about becoming a burden to family members.

There are many reasons why elderly and disabled patients prefer to live in their homes as long as is feasible. Primarily, it's their private space where they can exercise self-determination over their decisions and lives. Living independently with assistance also allows them to remain connected to their communities, friends, neighbors and pets.

Surgery done on wrong patient leads to lawsuit

Imagine going to the doctor for a seemingly minor problem of blood in the urine. Your doctor orders a CT scan and reports that there is a large mass in the kidney and that the organ must be removed.

Yet, after the surgery to remove the kidney, your surgeon notifies you that there was no tumor at all, and an error led to the removal of your healthy kidney.

Should surgical residents' errors be tracked?

What if your boss only monitored and reported on your achievements and didn't note your mistakes or count them against you? That would certainly be a pretty cushy position, many employees might think.

But that is the reality for many orthopedic surgeons-in-training. Researchers found that while tracking the students' performances using donated cadavers indicated a fair measure of their skills but that there also needed to be a system in place to track surgical errors.

Doctors misdiagnose their patients at an alarming rate

You trust your doctor to make the best possible decisions regarding your health care. Like other patients in Massachusetts, you have to rely on medical professionals to take you seriously, order the right tests and render the correct diagnoses. Unfortunately, doctors misdiagnose patients more often than you might think. If a doctor recently treated you but you are not getting better, he or she could have rendered a misdiagnosis.

Both misdiagnoses and missed diagnoses can cause serious harm to patients. Experts believe that these errors in decision occur in as many as 40% of all diagnoses in the United States. This means that the possibility of a doctor incorrectly diagnosing you or a loved one is relatively high.

What spring hazards do construction workers face?

As spring emerges in New England, it's common to see many construction crews out in force. The long winter is over, and those looking to build or remodel start laying their plans.

But springtime can bring some specific safety hazards for those working in the construction industry, including those listed below.

Massachusetts woman sues fertility clinic

Choosing in vitro fertilization to begin or enlarge a family can be a difficult path to parenthood, one that may be fraught with disappointment. But one North Attleboro woman was shocked at the discovery that a Providence, Rhode Island, fertility clinic retained a cryopreserved "morula," or embryo in its early stages, from her in vitro fertility efforts back in 2004.

The woman and her late husband were parents of one son when they turned to the fertility specialists at Women & Infants Hospital. It took three treatment cycles to produce four embryos, none of which were viable, according to the woman's doctor. They were never implanted, and the couple ceased their efforts soon after.

Opioid overdoses linked to construction injuries

Boston construction workers know all too well the pain of working through an injury on the job in order to keep earning a paycheck as the family breadwinner. But could pushing through the pain be contributing to the opioid addiction problem here in Massachusetts?

As it turns out, one study by the Massachusetts Department of Public Health has indeed linked opioid overdoses with construction hazards.

Knowing why your claim for benefits may have resulted in a denial

Suffering a major injury at work can be a stressful and intimidating experience, and the aftermath of your incident could leave you facing a lengthy period of recovery. With the impending loss of income, you may feel that you will struggle to afford the extensive medical expenses you accumulated in the process.

Following your accident, you might have sought relief through the workers' compensation insurance system. You might be relying on this relief to help you make it through these troubled times, but what happens if your claim for benefits results in a denial?