Medical Malpractice Overlooked In Massachusetts?

This Channel 4 I-Team investigative report describes how medical malpractice lawsuits that settle for money before trial rarely lead to doctors being disciplined. See full article here: Hundreds Of Doctors Who Settle Malpractice Claims In Mass. Are Not Held Accountable

According to the report which examined

"records for more than 16,000 doctors and found 654 of them have settled one or more malpractice claims in the last decade. Out of those, only six doctors — less than 1 percent — have been disciplined by the state board."

These findings are similar to those of a national state by state analysis by Public Citizen: State Medical Boards Fail to Discipline Doctors with Hospital Actions Against Them, as reported in sister publication NH Medical Malpractice News.

Massachusetts General Hospital Named in Lawsuit for Medication Dosing Error

Channel 5 carries the news story of the family of a woman who died from a medication error at Mass General Hospital filing a medical malpractice wrongful death lawsuit. Andrew C. Meyer, Jr. attorney for the family states in the item that "This was a systemic failure within the hospital, within the nursing practices of the hospital and with the doctor's oversight responsibility — clear negligence on behalf of the hospital and the doctors and nurses involved."

Patrick Proposes Cooling-off Period and No-risk Apologies to Help Reduce Med Mal Suits

Listen to this WBUR report from Bob Oaks on proposed changes to medical malpractice laws in Massachusetts by Governor Deval Patrick. Quoting the story:

Under proposed changes, doctors in Massachusetts would be able to apologize to patients — without the risk that their apology could be used against them later, in court. The state would also implement a six-month “cooling off period,” so that hospitals and patients could try to resolve problems without lawsuits.

Click here to view the news article on WBUR.org and hear the audio of the news story.

Lubin & Meyer Still Tops in Medical Malpractice Settlements

Each year Massachusetts Lawyers Weekly complies the largest reported verdicts and settlements of the previous year of $1 million or more. And each year, one firm stands apart — Lubin & Meyer PC. The Boston-based personal injury and medical malpractice law firm dominates the list year after year. In 2010, Lubin & Meyer attorneys accounted for 20 of the largest settlements listed — nearly 1/3 of all settlements listed. This includes the largest medical malpractice settlement of the year — $6 million lawsuit for  newborn who received overdose of an anti-seizure drug.

Massachusetts Ranks Third in Avg. Size of Medical Malpractice Claims Paid

The average amount for a medical malpractice claim paid in Massachusetts for 2007 is $530,963. This is the third highest avg. claim paid in the nation according to statistics compiled by The Henry J. Kaiser Family Foundation, whose statehealthfacts.org web site. The two states ranking higher than Massachusetts in avg. size of claim paid are Wyoming and Illinois with $641,692 and $634,971 per claim avg.

The web site offers comparative statistics on medical malpractice claims paid in all 50 states. Leading the pack in total dollars paid is New York state with $674,683,750 (an average of $441,547 per claim paid). Massachusetts ranks 7th in total claim dollars paid with $148,669,500.

The table below offers data on the top ten state's in average amount of medical malpractice claims paid (2007)...
For more information, see the Kaiser web site, click on: med mal claims paid data.

Jury Verdict is $13.5M for Family of Dana-Farber Cancer Patient Undergoing Experimental Chemotherapy

OK, more on the $13.5M medical malpractice lawsuit involving a women who died of a "massive flesh-eating bacteria infection" while undergoing experimental chemotherapy treatment at Dana-Farber hospital in Boston, MA. (I used the handy Share This tool which allows me to quickly post it to this site, but doesn't allow adding more info.)

The original news story on the wrongful death jury award is here in this Boston Globe article.
Plaintiff attorney for the family of the woman was Robert Higgins, from medical malpractice powerhouse Lubin & Meyer. The woman was receiving chemotherapy every two weeks instead of the standard regimen of once every three weeks for Ewing's sarcoma. Said Higgins in a report in the Boston Herald, "her death could have been prevented if doctors had investigated the cause of chronic diarrhea that surfaced during treatment for a tumor behind her knee."

Earlier this year, Higgins was the attorney in another jury award for $14.5M related to a woman who died from a medical error after surgery for thyroid surgery at Brockton Hospital.

Here are some more links to coverage of the verdict including the Dana-Farber response:
Dana-Farber chief reacts to $13.5m award in patients' death
Family of Dana-Farber cancer patient gets $13.5M - Boston Herald