For Massachusetts Children
Medical Safety and Legal Rights
updated January 27, 2010
I'm updating this website with the new bills in the Massachusetts Legislature now, to correct the problems of Massachusetts Law. The laws in place now, make malpractice against children more likely, so says our Supreme Judicial Court. It is up to the people of the Commonwealth to drive the Legislature forward! Please contact your state senator and representative and tell them to pass these bills! The Red Sox Foundation and Massachusetts General Hospital are having a fundraiser for veterans hurt by brain injuries and stress disorders, with a 9K footrace. I'm running in the name of "erikslaws", so I am hoping to do two good deeds with this run. I dream of having the maximum donation amount be from "erikslaws". So, please consider sponsoring my running in this event: http://www.runtohomebase.org/runtohomebase/erikslaws
updated February 22, 2010
Welcome to www.erikslaws.com, Erik's Laws... This is dedicated to the fight to bring medical justice for Massachusetts children to law.
First things first: there will be no benefit to Erik from any of these bills, even if they pass. This is being done to ensure that his legacy is that no other baby is treated medically as he was.
When a child is harmed medically, someone pays. If the insurer for the doctor doesn't pay, the cost is upon the parents. And the cost is upon the taxpayer of Massachusetts. The cost of the special education and transportation for my son costs tens of thousands of dollars a year. And if I don't make it big with the Massachusetts lottery, the long term care of my son is going to be coming from the state budget. Is this really what the legislature intended when it changed the malpractice law in 1986?
Now, 4 rules - (1) tell other Massachusetts voters about this site and tell them to call their Senators and Representatives, (2) check back, there will be updated stories of the kids, (3) tell other victims of the malpractice time limit to tell their stories here (4) send an email to hearings@erikslaws.com and you'll be sure to be notified of upcoming hearings at the State House.
In Massachusetts, the dangers to children from the combination of medical mistakes and the legal limitations of state law are more harmful than in 70% of the states. This harms children and this harms families. This website is dedicated to changing that.
The laws which are slated for change are:
(1) how long do parents have to bring a malpractice lawsuit
(2) parents must be told if their child is going to be treated with a particular drug which causes deafness
(3) medical professionals will have a duty to report medical malpractice done to a child
One of the kinds of harm is the harm of 'keeping quiet'. Because Massachusetts has a statute of repose (this is a time limit on taking legal action after the harmful event), some medical professionals might be tempted to keep quiet rather than casting aspersions on their colleagues, knowing full well that the colleague will be 'saved by the bell'. The unintended consequence of this, is that the victimized child then does not get the care needed and the rehabilitation that can be given. If Massachusetts were to have statute of limitations instead (time limit after the problem is detected), then the medical professional might just be more tempted to speak up, knowing that there is no time limit to give protection to medical professional who might have made a medical mistake. What some states have that is really great is a rule that the time limit is extended by the duration of the fraudulent concealment. Oh, those are good states. And I'd recommend anyone having a child go to one of those to have their baby.
We are going to change the law!
Lawmaking in Massachusetts
http://www.mass.gov/legis/lawmkng.htm
The Process of how a Bill becomes Law
http://www.mass.gov/legis/legishistory.htm
HB 1306 – An Act relative to malpractice complaints for injuries sustained by minors
HB 2027 – An Act relative to gentamycin pediatric risk notification
HB 2028 – An Act relative to parental notification of medical malpractice or error sustained by minors
The Contact page can help in getting in touch with State Representatives and Senators
The tabbed pages above will show the text of the bills that are file.
Sentree Joslyn - Read her story, and that of her parents on the tabbed page above (New Info added - May 12, the Patriot Ledger newspaper story)
Boy #1 Andrew C. (coming soon, after I talk to the parents)
Boy #2 Matthew H. - harm done at age 4
Girl #2 Lequasia P. - harm done at birth
The History in Other States (there is a legal recourse)
Ohio... Let me tell you about "Gallimore v. Children's Hosp. Med. Ctr." This is like the case of what I allege has happened to my son. 8 years after 11 month old Joshua Best was deafened by gentamicin, his mom has a victory in court in Ohio. Mom was awarded $585,993 as economic damages for Joshua, $200K in noneconomic damages, $200K for the loss of the relationship with her child, and $75K to aid in caring for Joshua. I am very happy that they did not live in Massachusetts, they'd get nothing. Heck, they wouldn't even get their day in court.
I'll attest to the fact that caring for a child with multiple disabilities, especially when the medical staff has not told the parents that gentamicin was used and not monitored can create a financial disaster.
Copyright . Matt Rearwin. All rights reserved. My email: mattrearwinATyahooDOTcom, please replace AT & DOT with the @ . characters
