Leaders in the Law: Four Attorneys at Lubin & Meyer Recognized for Achieving Top Verdicts and Settlements

Leaders in the Law 2024 - Massachusetts Lawyers Weekly

Four attorneys at Lubin & Meyer were recently honored as Leaders in the Law 2024 at a prestigious event, hosted by Massachusetts Lawyers Weekly, that celebrates lawyers of the year, in-house leaders and the top five verdicts and top five settlements of the previous year.

Lubin & Meyer attorneys achieved an unprecedented feat by securing four of the top ten verdicts and settlements in Massachusetts during 2023. 

• Andrew C. Meyer, Jr.
• Robert M. Higgins
• Adam R. Satin
• Lynn I. Hu

$20 Million Medical Malpractice Verdict for Loss of Leg

Third largest verdict of 2023 - view case summary

Attorney Robert M. Higgins achieved the third largest verdict in 2023 with a $20 million dollar result in Luppold v. Lowell General Hospital. The patient’s blood clot was twice misdiagnosed as sciatica by emergency department staff, and led to the amputation of his leg. With interest, the total amount came to $28.8 million.

Higgins presented an emergency medicine expert and an emergency room nurse expert who both testified that the defendants were negligent in failing to properly work up the patient’s foot and ankle abnormalities, which presented twice as cool and purple. A surgical expert testified that the patient’s leg could have been saved with the proper treatment.

See related news coverage and the lawyer’s trial report: Blood clot misdiagnosed as sciatica leads to amputation of leg. 

$20 Million Wrongful Death Verdict for Aortic Aneurysm

Fourth largest verdict of 2023 - view case summary

Attorney Higgins also secured the fourth largest verdict of 2023 with another $20 million verdict in the civil action Estate of Joseph Brown v. Kenyon, M.D. et al. The plaintiff a 43-year-old disabled man died from an undiagnosed and untreated aortic aneurysm and dissection. Higgins claimed the defendants were negligent in failing to order CT and perform surgery.

Massachusetts Lawyers Weekly reported that demonstrative aids proved pivotal in achieving a verdict. Said Higgins, “You can tell the jury about an aortic aneurysm or dissection, but it is far more powerful to actually show them.”

With interest, the verdict totaled $28.8 million.

See lawyer’s trial report and related news coverage: Failure to diagnose, treat aortic aneurysm and dissection.

$7.56 Million Verdict for Pulmonary Embolism Death

Fifth largest verdict of 2024 - view case summary

Attorneys Adam R. Satin and Lynn I. Hu recorded the fifth largest verdict of 2023 in McDonald v. Ruberg, when the jury agreed that a woman’s death could have been avoided had the doctor considered a pulmonary embolism. Said Satin, “In a complex medical case like this, we tried to emphasize the things that jurors know — before they ever set foot in the jury box — aren’t right. In this case, a woman in the hospital under the defendant’s care decided she was safe to go home and sent her home with a plan to follow up with another doctor in about a month. I said to the jury, ‘She didn’t make it a month, she didn’t make it a week, she didn’t make it a day — she didn’t even make it one hour. Forty-five minutes after she left the hospital she collapsed and died.’ ”

For more information on this case, see lawyer’s trial report: Failure to diagnosed pulmonary embolism. 

$15 Million Settlement for Baby’s Sleep Study Death

Fifth largest settlement of 2023 - View case summary

Attorneys Andrew C. Meyer, Jr. and Robert Higgins achieved a record-setting settlement for a medical malpractice case, the Estate of Jackson Kekula v. Boston Children’s Hospital, which was the fifth largest of all settlements in Massachusetts in 2023.

The child was undergoing a sleep study test when abnormalities in his vital signs were attributed to faulty equipment. For 30 minutes, technologists attended to the machinery rather than the child, who suffered irreversible brain damage. The tragic case settled quickly before a lawsuit was filed. Said Meyer, “You can resolve a claim with a velvet glove and you don’t always need the iron fist.”

“We were able to work cooperatively with ... all the parties involved. It was incredibly important to not only get a positive result for our clients to get closure in this case, but also to have the hospital change its policies and procedures to make sure that nobody else gets harmed.”

For more information on this case see: Boston Children’s Hospital Agrees to Record-setting $15 Million Settlement for Death of Infant undergoing Sleep Study 

Lubin & Meyer represents individuals and families in Massachusetts, New Hampshire and Rhode Island.

View our main website at LubinandMeyer.com - Lubin & Meyer PC - New England's Leader in Medical Malpractice and Personal Injury Law

Lubin & Meyer Dominates the Courtroom with 5 Jury Verdicts in 5 Months

Massachusetts Medical Malpractice Law Firm Sets Pace in Verdicts for 2023  

Long known for its courtroom successes representing plaintiffs in medical malpractice and personal injury cases, Lubin & Meyer is setting a high bar in 2023 with a record five multimillion dollar verdicts in as many months, garnering headlines in local media for these achievements.

“Year after year, we remain the go-to law firm for medical malpractice and personal injury cases due to our continued success securing record-setting results that compensate victims, protect the public and inspire change,” said Andrew C. Meyer, Jr., firm founder. Meyer was recently named one of the “Most Influential Bostonians” by Boston magazine in its May 2023 issue.

Lubin & Meyer medical malpractice trial attorneys

$4.95 million verdict - Gadde vs. Gordon, M.D., et al

In February, Attorney Robert M. Higgins and Andrew Miller secured a $4.95 million verdict with interest in Middlesex Superior Court in a case against a Lahey doctor for failure to properly test for cancer. 

$28.8 million verdict - Luppold vs. Flores, N.P, et al

In March, Attorney Higgins prevailed in a medical malpractice trial claiming negligence by Lowell General Hospital emergency department for twice misdiagnosing a man's blood clot as sciatica, resulting in the amputation of his left leg. The Middlesex Superior Court jury agreed awarding 20 million dollars for the loss of his leg. ($28.8 million with interest.)

The Boston Globe broke the news of this trial result:

Jury awards $20 million to a man who lost a leg after hospital missed blood clot/

$28.8 million verdict - Brown vs. Browell, M.D., et al

In April, Attorney Higgins convinced an Essex Superior Court jury that Salem Hospital emergency room personnel were negligent in their failure to diagnose and treat an aortic aneurysm and dissection resulting in the death of a 43-year-old man. After eight days of trial, the jury deliberated for 3 hours before returning a verdict of $20 million to his two daughters for the loss of their father ($28.8 million with interest.)

Local media reported on this case:

Boston.com - Jury awards $29 million to the family of man, 43, who died from an undiagnosed aortic aneurysm at Salem Hospital 

The Salem News - Family awarded $29 million in a lawsuit against Salem Hospital

$10 million verdict - Lucifora vs. Kroll, M.D., et al

Also in April, Attorney William J. Thompson obtained a jury verdict against a Whidden Hospital ER physician for failure to advise follow-up on a CT scan finding which resulted in death due to lung cancer. The jury found the defendant was 'grossly negligent' in care rendered. 

$4.65 million verdict - Bunker vs. Dhillon, M.D., et al

In May, Attorney Adam R. Satin was successful in Bristol County Superior Court in a 2-week trial where the jury deliberated for 5 hours before returning the verdict in favor of the family of a man who died due to the failure to diagnose and treat a stroke at Sturdy Memorial Hospital. 

This case was reported on by The Sun Chronicle: Late Attleboro resident's family awarded multi-million dollar judgment in his death 

Lubin & Meyer is recognized annually by the Best Lawyers in America® in areas of medical malpractice and personal injury plaintiffs law, recently featured on the cover of Best Lawyers New England as the  "hardest-working, most successful medical malpractice and personal injury law firm in New England."

Questions about Medical Malpractice?

If you believe you (or a loved one) were injured due to improper medical care, please contact our law firm to request a free case evaluation. 

Lubin & Meyer attorneys and staff nurses are available to review your case. No fee. No obligation.

We represent individuals and families in Massachusetts, New Hampshire and Rhode Island.

View our main website at LubinandMeyer.com - Lubin & Meyer PC - New England's Leader in Medical Malpractice and Personal Injury Law

Massachusetts Jury Awards $29 Million to Family of Man Who Died of Undiagnosed Aortic Aneurysm

April 14, 2023 — Newburyport, MA — Attorney Robert M. Higgins of well-known Boston medical malpractice law firm, Lubin & Meyer, today obtained a $29 million verdict including interest against a North Shore Medical Center Salem Hospital emergency room physician and hospitalist.
 
The case involved the death of a 43-year-old disabled man who passed away from an undiagnosed and untreated aortic aneurysm and dissection.

The verdict was handed down by an Essex Superior Court jury in Newburyport, Massachusetts.  The case was tried over two weeks before Judge Lang. The jury deliberated for just 3 hours before returning the record-setting verdict.  The award was for two adult daughters of the decedent, ages 18 and 24. Higgins said, “The tragedy of this case is that Mr. Brown would be alive had the two defendants simply ordered the test that he clearly needed.”

The verdict came less than 4 weeks after Attorney Higgins' $28.8 million verdict in a trial in a case where a man's blood clot was twice misdiagnosed as sciatica by Lowell Genereral Hospital emergency department staff resulting in leg amputation. That verdict was covered by The Boston Globe.

Questions about Medical Malpractice?

If you believe you or a loved one was injured due to improper medical care, please contact our law firm to request a free case evaluation. 

Lubin & Meyer attorneys and staff nurses are available to review your case. No fee. No obligation.

We represent individuals and families in Massachusetts, New Hampshire and Rhode Island.

View our main website at LubinandMeyer.com - Lubin & Meyer PC - New England's Leader in Medical Malpractice and Personal Injury Law

Andrew Meyer Holds Massachusetts Medical Board Responsible for Failing to Protect Patients from Dangerous Doctors

Boston's Top Medical Malpractice Attorney Featured Prominently in Boston Magazine Exposé 

Boston med-mal attorney and patient safety advocate Andrew C. Meyer, Jr.

Boston Magazine features an exposé by writer Michael Damiano who reports on the secretive world of Boston doctors. A world where physicians who have had multiple claims of medical malpractice brought against them, continue to practice medicine and avoid accountability or punishment. In The Secret Truth About Boston Doctors, Damiano turns to Andrew Meyer to provide perspective on the situation.

Writes Damiano:

“Meyer is not only Boston's most prolific medical malpractice attorney, but he also has one of the best views of how the system that is supposed to protect patients from bad doctors consistently fails. Every month, his firm, Lubin & Meyer, fields hundreds of calls from people who believe they have been harmed by negligent care.”

Damiano cites sexual misconduct, sloppy mistakes often with catastrophic consequences, and a medical board that often looks the other way. The article is built around the medical saga of Lubin & Meyer client, Charles Antonio, who suffered a serious injury during spine surgery by surgeon, Michael Medlock, MD. Antonio was unaware that his physician had settled several medical malpractice lawsuits filed by other patients also injured during surgery. To make matters worse, Damiano reveals that this same doctor was recently appointed to the Massachusetts Board of Registration in Medicine, the independent state agency that oversees licensing, regulation and the discipline of physicians that have harmed patients.

“When physicians with histories of bad outcomes do face consequences, the sanctions tend to be temporary or easily circumvented. Doctors quietly leave one hospital, only to pop up at another. In severe cases, a doctor with a history of problems might leave Massachusetts altogether and reboot his or her career in another state,” reports Damiano.

Who Will Protect Patients from Dangerous Doctors?

According to Meyer, the medical board and state government have never adequately protected patients. He describes the work of his medical malpractice law firm as the only recourse against the powerful medical regime, serving in essence as a consumer protection bureau for patients.

“Many medical professionals approach their work with the seriousness, preparation and abundance of caution that we as patients would expect. But there exists among physicians a culture of protecting one another, a lack of transparency, and an ultimate failure to self regulate when serious behavior problems and bad outcomes occur. It's a dangerous situation with repeat offenders being allowed to move from facility to facility and continue to do harm under a shroud of secrecy.”

“We often are the only defense for patients and their families whose lives have been forever changed as a result of a preventable medical error. Our important work on behalf of our clients holds medical professionals responsible, exposes dangerous medical practices and advocates for the safety of all patients.” — Andrew C. Meyer, Jr.

To read the full Boston Magazine feature length article, see below.

Questions about medical malpractice?

Lubin & Meyer can evaluate your case at not cost, with no obligation. Please contact us at (617) 720-4447. Or click the button below to fill out a form and we will contact you.

Representing individuals and families in Massachusetts, New Hampshire and Rhode Island.

View our main website at LubinandMeyer.com - Lubin & Meyer PC - New England's Leader in Medical Malpractice and Personal Injury Law

Recent Medical Malpractice Verdict and Settlement Reports Now Available

Year after year Lubin & Meyer PC outpaces all other medical malpractice law firms achieving more verdicts and settlements than any other firm in New England. (See related story: Lubin & Meyer Stands Apart in Medical Malpractice Verdicts and Settlements.)

Search medical malpractice trial reports

We publish on our website summaries of some of those cases. Most recently, we have added the following trial lawyer reports as follows.

• $10.7 Million Verdict
  Lawrence General Hospital Surgeon for Failing to Treat Intestinal Leak
  Failure to recognize signs of intestinal leak and retained surgical sponge, results in infection, colostomy and additional surgeries
  Attorneys: Nicholas Cappiello and John Carucci
• $3.75 Million Settlement
  Paralysis Following Spinal Hematoma 
  Delay in the diagnosis and treatment of a spinal cord hematoma while recovering from stroke results in paralysis
  Attorneys: Andrew C. Meyer, Jr. and William J. Thompson
• $2.25 Million Settlement
  Delay in Spinal Surgery Results in Injury/Death
  Failure to timely operate on epidual hematoma results in paraplegia, bowel and bladder abnormalties, sepsis and death
  Attorneys: Robert M. Higgins and Barrie S. Duchesneau
• $2 Million Settlement
  Perforated Bowel Infection 
  Perforated bowel during weight loss surgery causes massive infection, host of injuries and additional surgeries
  Attorneys: Andrew C. Meyer, Jr. and William J. Thompson
• $1.5 Million Settlement
  Failure to Diagnose Perforated Intestine
  Wrongful death lawsuit alleged 58 year old man should have been admitted to the hospital for abdominal CT scan and surgical consult
  Attorneys:  Andrew C. Meyer, Jr. and Krysia J. Syska
• $1 Million Settlement
  Death of 3-day-old from Birth Injury
  Lawsuit claims delay in delivery and failure to recognize changes in fetal heart rate tracings resulted in death of baby from severe diffuse anoxic brain injury
  Attorneys: Andrew C. Meyer, Jr. and William J. Thompson
• $1 Million Settlement
  Lung Cancer Claim Settles Prior to Filing of Lawsuit  
  PCP's failure to follow up on radiologist's recommendations denied patient earlier treatment that would have prolonged patient’s life.
  Attorneys: Andrew C. Meyer, Jr. and William J. Thompson

Many more trial reports are available on our website:
Search Verdicts and Settlements.

You can search our archive of verdicts and settlements by keyword. Please note that the archive does not include every result. Also, past performance does not guarantee future results.

View our main website at LubinandMeyer.com - Lubin & Meyer PC - New England's Leader in Medical Malpractice and Personal Injury Law

Questions about a medical error? Contact us for a free case review. Representing patients in Massachusetts, New Hampshire and Rhode  Island.

Massachusetts: Avoidable Hospital Errors Continue To Plague Quality Care

Tracking 29 Things That Should Never Happen in a Hospital

Despite a reputation for excellence and innovation, Massachusetts hospitals can sometimes be dangerous places. In an effort improve patient safety, the state Department of Health tracks “serious reportable events” also known as "never events" — avoidable adverse events that should never happen in a hospital.

As defined by Massachusetts law,* a serious reportable event (SRE) is an event that results in a serious adverse patient outcome that is clearly identifiable and measurable, reasonably preventable, and that meets any other criteria established by the department in regulations.

* Section 51H of Chapter 111 of the General Laws

The total number of SREs in Massachusetts acute care hospitals in 2017 was 922. Some of the most common avoidable errors included:

• Falls = 308
• Pressure ulcers = 294
• Surgery on wrong site = 49
• Medication errors = 52
• Foreign objects left in patient = 31

---

Total Number of SREs in Acute Care Hospitals by Year

** Two events in 2015 and 2016 affected a large number of patients and is reflected in the increase in SREs reported. Data abstracted on Jun 15, 2018 from the Health Care Facility Reporting System.

---

Massachusetts Serious Reportable Events

Below are the 29 preventable adverse events that Massachusetts tracks and must disseminate publicly in an effort to improve patient safety. This is the most recent data from 2017, which shows still too many SREs — over 900 for the year.

Surgical or Invasive Procedure Events
1. Wrong body part, side or site surgery of procedure = 49
2. Wrong patient surgery or procedure = 1
3. Wrong surgery or procedure performed = 8
4. Foreign object left in patient after procedure unknowingly = 31
5. Death of ASA Class I patient during surgery or within 24 hours = 0

Product or Device Events

6. Contaminated drugs, device or biologics = 21
7. Device misuse or malfunction = 21
8. Intravascular air embolism = 3

Patient Protection Events
9. Patient discharged to unauthorized person = 0
10. Serious injury or death during patient disappearance = 2
11. Suicide or self-harm = 25

Care Management Events
12. Serious injury or death from medication error = 52
13. Unsafe blood transfusion = 1
14. Maternal serious injury or death associated with labor or delivery = 7
15. Newborn serious injury or death associated with delivery = 11
16. Serious injury or death after a fall = 308
17. Stage 3, Stage 4 or unstageable pressure ulcer = 294
18. Artificial insemination with wrong egg or sperm = 0
19. Serious injury or death from loss of irreplaceable biological specimen = 2
20. Serious injury or death from lack of follow up or communication of lab result = 10

Environmental Events
21. Serious injury or death from electric shock = 0
22. Oxygen or gas delivery error = 2
23. Serious injury or death from burn = 25
24. Serious injury or death from physical restraints = 2

Radiology Events
25. Serious injury or death from metallic object in MRI = 0

Potential Criminal Events
26. Impersonation of a health care provider = 0
27. Abduction of patient = 0
28. Sexual abuse or assault of patient or staff member = 7
29. Serious injury or death after physicial assault of patient or staff = 41

Data source: Serious Reportable Events in 2017 Acute Care Hospitals, Non-Acute Care Hospitals and Ambulatory Surgical Centers, Bureau of Health Care Safety and Quality, Public Health Council, July 11, 2108

For more information, download the full report.

Previous reporting on Massachusetts SREs on the Patient Safety Blog:

• November 2016: 29 Mistakes That Should Never Happen in A Hospital, But Do
• August 2015: Massachusetts Hospital Errors — Amount of Preventable Mistakes Is Staggering

View our main website at LubinandMeyer.com - Lubin & Meyer PC - New England's Leader in Medical Malpractice and Personal Injury Law

Questions about a medical error? Contact us for a free case review. Representing patients in Massachusetts, New Hampshire and Rhode  Island.

Lubin & Meyer Sets the Pace with Four Multimillion Dollar Verdicts in First Half of 2018

In the first six months of 2018, medical malpractice law firm Lubin & Meyer PC has achieved four multimillion dollar jury verdicts — including a rarely seen "gross neg­ligence" verdict — more than any other firm in the Commonwealth.

The verdicts are listed below. Click on a link to view more information about any trial.

• $3.2 Million Verdict for the family of a Mass. General patient regarding a doctor's failure to inform the patient of all treatment options following abnormal biopsy result. (July, 2018)
• $6.8 Million Verdict for the decedent's family in wrongful death case against a Low­ell General doctor involving a delay in diagnosis of kidney cancer. (February, 2018)
• $6 Million Verdict for the family of a wom­an who died following hernia surgery at Winchester Hospital. (February, 2018)
• $1.6 Million Verdict for a patient who suffered 3 years of renal failure and dialysis resulting from a medication error at Dana Farber Cancer Institute. (February, 2018)

 Below is our recent ad in Massachusetts Lawyers Weekly.

Questions about a possible medical malpractice lawsuit?

Contact Lubin & Meyer for an initial case review or a second opinion at no cost. No obligation.

Our attorneys are licensed and practicing in Massachusetts, New Hampshire and Rhode Island.

View our main website at LubinandMeyer.com - Lubin & Meyer PC - New England's Leader in Medical Malpractice and Personal Injury Law

Drew Meyer Profiled in The Huffington Post

Firm founder Andrew C. Meyer, Jr. was recently profiled in a Huffington Post article: Drew Meyer, Esquire — Truth, Justice and Medicine. The piece highlights Meyer's career as a highly recognized and passionate patient advocate representing innocent persons harmed by medical mistakes.

Described as the "go to guy" for families in Massachusetts, New Hampshire and Rhode Island, who have experienced devastating injuries due to medical negligence," he has built a career by giving a voice to those who have been harmed by the medical community."

In the article, Meyer discusses the important role that he and his medical malpractice law firm play as a watchdog to a medical system that sets its own standards and regulates itself.

"There is nowhere that a family harmed by the medical community can go, other than to an attorney. The medical industry establishes their own rules and standards of care. The boards and societies that oversee the medical community are funded by and run by people within the medical profession. Small changes have been instituted these past years, but it’s simply not enough."
— Drew Meyer


The author, Stacey Alcorn, describes him as "a champion for the innocent, lending a hand to those in need by giving them a voice against a community that will do anything to stamp it out."

Meyer provides some important parting advice — that each individual must be his or her own best advocate.

"When it comes to your own medical care or that of a loved one, speak up, be an aggressive consumer, and understand that you know your own body better than any medical professional."

Read the entire article here: Drew Meyer profile

View our main website at LubinandMeyer.com

Lubin & Meyer PC
New England's Leader in Medical Malpractice and Personal Injury Law
Attorneys practicing in Massachusetts, New Hampshire and Rhode Island

$16.7M Judgment in Misdiagnosed Lung Cancer Death Case Upheld on Appeal

The Massachusetts Appeals Court has upheld a $16.7M judgment from June, 2014, in a wrongful death medical malpractice lawsuit involving misdiagnosed lung cancer. The lawsuit was brought by the daughter of a 47-year-old woman who died from a 13-month delay in diagnosis of lung cancer at Brigham and Women's Hospital, where a radiologist failed to identify and report a 1-1.5cm nodular density in the upper part of the right lung.

Attorneys Robert Higgins and Barrie Duchesneau represented the plaintiff at trial. After 3 hours of deliberations, the jury returned a verdict against the radiologist for negligence in care and treatment for $11,000,000. The jury awarded $1,000,000 for conscious pain and suffering, $3,000,000 for the plaintiff’s loss of consortium up to the time of the verdict and $7,000,000 for the plaintiff’s loss of consortium into the future. The total judgment was $16,764,603 after the addition of pre-verdict statutory interest.

$16.7 million award in cancer lawsuit http://t.co/xKFXpuFzGM via @BostonGlobe
— Lubin and Meyer, PC (@LubinandMeyer) July 17, 2014

View our main website at LubinandMeyer.com - Lubin & Meyer PC - New England's Leader in Medical Malpractice and Personal Injury Law

Concurrent Surgeries at MGH Spur Federal Investigations

Lubin & Meyer lawsuits are at the center of widening probe into double-booking surgeries

Recent investigative reporting by the award-winning Boston Globe Spotlight Team on "Concurrent Surgeries" at Mass General Hospital and lawsuits filed by Lubin & Meyer on behalf of patients there, continue to have a ripple effect — and have resulted in federal inquiries into the practice of double-booking surgeries without a patient's knowledge.

See these articles as federal scrunity of the practice unfolds.

• US Senator Orin Hatch Launches Inquiry into Simultaneous Surgeries at Hospitals Including Mass. General
  
• US Attorney Carmen Ortiz Launches Federal Investigation into Concurrent Surgeries at MGH
  Seeks 10 Years of Records
• Massachusetts To Require Surgeons To Document Operating Room Comings and Goings

See our prior post on this topic:
Concurrent Surgeries in the Spotlight: Is it Safe To Run Two Operations at Once?

View our main website at LubinandMeyer.com - Lubin & Meyer PC - New England's Leader in Medical Malpractice and Personal Injury Law

Attorneys licensed and practicing in MA, NH and RI

Massachusetts State Medical Board Takes Action on Simultaneous Surgeries

Following a Spotlight report by the Boston Globe and lawsuits filed by Lubin & Meyer regarding "concurrent surgeries," the Massachusetts Board of Registration in Medicine approved new regulations requiring surgeons to document each time they enter and leave an operating room.

A January 7, 2016 article in the Boston Globe details,

"The board also approved a requirement that the primary surgeon identify the backup doctor who would assume responsibility if the first surgeon is going to leave the operating room. The new rules, among a series of regulation revisions that the board passed by a vote of 5 to 1 late Thursday, need the approval of several state agencies by the end of March before they can go into effect."
 — See full article: State acts on simultaneous surgeries

A letter to the editor by Nancy G. Brinker, board member and founder of Susan G. Komen for the Cure, supports regulation of the practice of simultaneous surgeries and asks the medical community to decide if it is in the best interest of patient safety. (See below.)

It’s time to establish rules for concurrent surgeries https://t.co/T6ohWqcdje via @BostonGlobe

— Lubin & Meyer PC (@LubinandMeyer) January 15, 2016

View our main website at LubinandMeyer.com - Lubin & Meyer PC - New England's Leader in Medical Malpractice and Personal Injury Law

Massachusetts Hospital Errors — Amount of Preventable Medical Mistakes Is Staggering

The Boston Globe reported last month on a Department of Public Health (DPH) annual study showing that full-service hospitals in the state reported "821 preventable errors that harmed or endangered patients last year." Some of the top hospital errors reported were:

• Surgical objects left behind (41)
• Operation on wrong body part (24)
• Serious injury or death after a fall (290).

Our own Andrew C. Meyer, Jr. was quoted in the article,

“It’s extraordinary the amount of medical errors and deaths that occur on a yearly basis. Medical error is becoming one of the leading causes of death in Massachusetts.”
      — Andrew Meyer, Attorney

Whether these instances are increasing or decreasing is open for debate, according to the article, Mass. hospitals continue to make preventable mistakes, as definitions for the reporting of serious events has recently changed, and not all errors may be reported.

Full-service hospitals in Mass. reported making 821 preventable errors last year, report says http://t.co/rCJ03U5Kbr pic.twitter.com/2LAjJ6D8Pt

— The Boston Globe (@BostonGlobe) June 11, 2015

How Do Massachusetts Hospitals Compare? 

The Massachusetts Health and Human Services website makes the total number of "Serious Reportable Events" (SREs) by hospital available to the public. Hospitals and ambulatory surgery centers are required to report SREs to the Massachusetts DPH. The law also prohibits hospitals from charging for these events or seeking reimbursement for SRE-related services. Click here to view: Massachusetts Hospital Error Data.

View our main website at LubinandMeyer.com
Lubin & Meyer PC - New England's Leader in Medical Malpractice and Personal Injury Law. Attorneys practicing in MA, NH and RI.

Massachusetts Court: Hospital Can Be Sued for Doctor Working as Independent Contractor under "Apparent Authority" Theory

A recent Massachusetts Superior Court ruling cleared the way for a medical malpractice case to go forward that claims to hold a hospital liable for negligence of a non-employee anesthesiologist working as an independent contractor.

According to plaintiff’s attorney, William J. Thompson of Lubin & Meyer, the decision recognizes that hospitals cannot escape responsibility for the conduct of doctors practicing in their facilities. Said Thompson in the Mass. Lawyers Weekly article:

“When a hospital allows doctors to provide patient care within the physical hospital building, and patients reasonably believe these doctors are associated with and sanctioned by the hospital, it is only fair that the hospital bears responsibility for harm caused by those doctors.”

— William J. Thompson

Specifics of the case Beauregard v. Peebles, et al., involve the hospital's chief of anesthesia — an independent contractor — who met with the plaintiff wearing a lab coat showing the hospital name and logo, and was not defined as a non-employee of the hospital in pre-surgery documents.

As reported by Mass. Lawyers Weekly, the Judge Kenneth Salinger concluded:

“[I]t appears that neither the [Supreme Judicial Court] nor the Massachusetts Appeals Court has yet decided whether a hospital that imbues a physician with apparent authority to act as its agent can be held liable for the doctor’s negligence in the absence of an employment relationship or any right to control the doctor’s daily activities,” Salinger wrote in denying the hospital’s motion for summary judgment. “The court concludes, however, that general principles of Massachusetts common law permit [the plaintiff] to sue the hospital under a theory that it is vicariously liable for torts committed by its apparent agents acting within the scope of their apparent authority.”

The malpractice lawsuit can now proceed which claims negligence by the anesthesiologist regarding general anesthesia and a spinal epidural that left the plaintiff paralyzed. For more information, see the Lawyers Weekly article.

View our main website at LubinandMeyer.com
Lubin & Meyer PC - New England's Leader in Medical Malpractice and Personal Injury Law. Attorneys practicing in MA, NH and RI.

Massachusetts Can and Must Do Better Job in Reducing Medical Errors

Twenty years after the death of Boston Globe health reporter pioneer Betsy Lehman, medical errors are still far too common in Massachusetts. Lehman died of an overdose of chemotherapy drugs while being treated for breast cancer that was four times the dosage she was supposed to receive. The following video from The Betsy Lehman Center for Patient Research and Medical Error Reduction tells the moving story.



Two decades later, nearly 1 in 4 Massachusetts residents has had an experience with a medical error, according to research released by The Betsy Lehman Center from the Harvard School of Public Health, RAND Corporation and the National Academy for State Health Policy on the state of patient safety at its Zero Harm: Charting a New Course for Patient Safety event in Boston last month on December 2.

The research shows nearly one quarter (23%) of Massachusetts residents surveyed reported that they or a person close to them experienced medical error in the past five years, and of those involved in a medical error situation, 59% said the error resulted in serious health consequences. The most common type of medical error identified was misdiagnosis, which was reported by 51% of affected respondents.

The Boston Globe reports on the findings here. See the full details of the studies from the Zero Harm event on the Center for Health Information and Analysis (CHIA) website: chiamass.gov/zeroharm.

Massachusetts healthcare institutions can and must do a better job in reducing harms. As our previous post reveals, a study on a single aspect of care — patient hand-offs — showed significant reduction in errors. We need to see more such improvements.

View our main website at LubinandMeyer.com
Lubin & Meyer PC - New England's Leader in Medical Malpractice and Personal Injury Law. Attorneys practicing in MA, NH and RI.

Krysia Syska Featured in Top Women Attorneys in Massachusetts

Rebuilding Lives Inside and Outside of the Courtroom

Medical malpractice attorney Krysia Syska empathizes with her clients, many of whom are struggling to recover from a life-altering medical event — such as a wife suffering from a misdiagnosis of cancer, or a baby with catastrophic neurological damage from a birth injury. "Sadly, my clients' lives are inextricably changed by their medical injury," she says. "My role extends well beyond the courtroom."

Syska, who was featured on the cover of the recent Super Lawyers Top Women Attorneys in Massachusetts, is recognized for obtaining maximum compensation for her clients and pulling in some of the Commonwealth's largest settlements. But that's only half the story. A big part of Syska's work is following through with the rebuilding of her clients' lives by connecting them to a network of professionals she helped establish — home designers, life-care planners, trust specialists, support groups and respite centers.

"My clients are wives, mothers, sisters and daughters, all with families just like mine," Syska says. "It would be impossible to remain completely detached from their life circumstances. Their tragedy could be my tragedy. Appreciating what my clients have been through makes me a better advocate."

Attorney Syska practices in Massachusetts and New Hampshire. See more about her practice on her attorney bio page.

View our main website at LubinandMeyer.com
Lubin & Meyer PC - New England's Leader in Medical Malpractice and Personal Injury Law. Attorneys practicing in MA, NH and RI.

Medical Apologies and Early Settlements Must Not Limit Patient Rights

A coalition of Massachusetts hospitals (including Beth Israel Deaconess Medical Center, Baystate Medical Center and Massachusetts General Hospital) will test an initiative designed to lower medical malpractice lawsuits by increasing prompt apologies and financial settlements to patients harmed by medical errors. Insurers and a medical group are funding the initiative.

As reported in The Boston Globe, "the plan calls on doctors and nurses to fully disclose mistakes to patients and apologize." By accepting a financial settlement, a patient surrenders the right to sue.

The article quotes Lubin & Meyer attorney Drew Meyer, who represents many patients in medical malpractice claims.

“For the most part, malpractice insurers are looking for a discount from fair compensation’’ by making an early offer, Meyer said. But “if a patient’s rights are not limited in any way, I have no issue with an attempt at early resolution. Cases just drag on for years.’’

You can read the full article in The Boston Globe at: Mass. hospitals promise openness, apologies.

Learn more at LubinandMeyer.com - Lubin & Meyer PC - New England's Leader in Medical Malpractice and Personal Injury Law. Attorneys licensed and practicing in MA, NH, RI. Call us at 800-866-2889 for a free case evaluation.