Personal Injury Law
Illinois Medical Malpractice Blog 
Personal injury issues.
Post Frequency: 1.7/day Last Entry: November 20, 2009 at 00:54:42 Recent Entries: 560
By Steven M. Levin and John J. Perconti
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New Website Lets Consumers Track Illinois Hospitals
Posted on November 20, 2009Illinois consumers can now pore over an abundant amount of data, mostly much of it unpublished, about Illinois hospitals and surgery centers on a state-sponsored Web site. The website will include information on what these medical providers charge, how many procedures they perform, how often they deliver recommended care, and how consumers rate their care...
Medical Malpractice Reform Can Have an Unhealthy Impact
Posted on November 18, 2009Tort reform proponents assert that medical malpractice costs are a significant factor in rising health care costs, yet they are clearly wrong. Medical malpractice premiums account for only a tiny fraction of our medical bills and have not risen the way that health care costs have...
Surgeon Sued for Medical Malpractice
Posted on November 16, 2009A victim is suing a surgeon for negligence and medical malpractice. The victim was a patient of the general surgeon and was being treated for a gall bladder problem. The medical malpractice lawsuit complains that the surgeon performed a laparoscopic clolecystectomy on the patient that did not go as planned...
Daughter Files Wrongful Death Lawsuit against Hospital
Posted on November 15, 2009The daughter of a recently deceased woman has filed a lawsuit against St. Joseph?s Hospital of Highland, Illinois. The medical malpractice lawsuit alleges her mother died from injuries she sustained after she fell while attempting to climb out of her hospital bed...
Video Highlights 98,000 People Who Die Annually From Medical Error
Posted on November 15, 2009Every year 98,000 people die from preventable medical error. The families of the victims are now faced with more pain as Republicans seek to tighten tort law. These would hinder the victims of medical error from receiving appropriate settlements. To view the video, please click below...
Widower Wins $6 Million in Medical Malpractice Trial
Posted on November 13, 2009The husband and estate of a woman who developed blood clots and died shortly after undergoing outpatient knee surgery have been awarded more than $6 million in a medical malpractice trial. The 42-year-old victim was referred by her primary care physician at an Army hospital to an orthopedic surgeon to investigate complaints of worsening pain in her left knee...
Eleven National Consumer Organizations Oppose Medical Malpractice Limits
Posted on November 12, 2009Eleven national consumer and public interest groups whose memberships represent many millions of Americans sent a letter to House Speaker Nancy Pelosi urging rejection of any amendments or substitutes to the health care bill that would limit the legal rights of patients injured by medical malpractice...
Stories from the 98,000
Posted on November 11, 2009The website 98,000reasons.org highlights the many stories of people who have fallen victim to medical error. These stories involve surgical error, inattentiveness and hospital infections. One story involves a 29-year-old woman who underwent a partial thyroidectomy to remove a goiter at a hospital...
There is No Need for More Medical Malpractice Tort Reform
Posted on November 10, 2009Currently tort reform laws exist in nearly every state. These laws make it more different for average people who have endured medical error to sue those responsible. It is evident that the tort reform movement was created and funded by insurance companies and the medical profession and backed by conservative ?think-tanks...
Tort Law Changes will Hurt Real Patients
Posted on November 10, 2009While the House passed a sweeping health care overhaul this weekend, opponents of true reform attacked injured patients. They did so despite countless studies that show that tort reform will do little to diminish health care costs in this country. Tort law changes will do practically nothing to lower the costs or cover the uninsured...
Celebrity?s Brother Did Not Get Proper Care
Posted on November 10, 2009Lawyers told jurors that a hospital did not do enough to care for the brother of James Woods when he went to the emergency room complaining of a sore throat and vomiting in 2006. The trial comes after the filed wrongful death lawsuit. The victim died from heart disease at the hospital after going into cardiac arrest on a gurney at the age of 49...
Woman Dies after Undergoing Liposuction
Posted on November 08, 2009Attorneys for the family of the nurse who died after liposuction treatment at a tanning salon said her medical records show that she could have been given too high a dosage of drugs. The 37-year-old slipped into a coma and was declared brain-dead after a doctor performed the procedure at a Medspa...
Is Tort Reform a Remedy or a Red Herring?
Posted on November 07, 2009In the ongoing debate over health care reform, critics are increasingly citing the lack of tort reform as a major deficiency of the current proposals floating around Congress. Republicans are using conservatives to seek tort reform to shield corporate malefactors from full accountability for their wrongdoing...
Medical Malpractice in Health Care Debate
Posted on November 06, 2009One doctor appeared on NPR?s Talk of the Nation to discuss his article on medical malpractice reform. He pointed out that medical malpractice is a patients? rights issue as well as a doctor?s issue. He believes that medical malpractice caps leave an injured victim with very little recourse because the cost of fighting for compensation exceeds the payout...
VA Secretary orders ?to-to-bottom? review of troubled Marion VA Hospital
Posted on November 06, 2009New problems have emerged at the troubled VA Medical Center in Marion, Illinois. This has prompted Veterans Affairs Secretary Eric Shinseki to order a ?top-to-bottom? review of the facility. Senator Durbin and other Illinois lawmakers met with the VA secretary after a report this week found ongoing problems at the facility, where nine patients died in surgery in six months ending in March 2007...
New White Paper Tackles the Truths about Medical Negligence
Posted on November 05, 2009Five Myths About Medical Negligence, is one in a series of reports from the American Association for Justice on the errors and faults behind the most commonly used talking points of health care reform opponents. The first myth is that there are too many ?frivolous? malpractice lawsuits...
Prevent Medical Errors by Punishing Habitual Offenders
Posted on November 05, 2009Patient Safety experts at Johns Hopkins are taking their prescription for avoiding medical errors at hospitals beyond the ?no fault, no blame? approaches. They are now calling for penalties for doctors and nurses who fail to comply with proven safety measures...
The Cost of Capping Medical Malpractice Damages
Posted on November 04, 2009Lately, there has been a great deal of press given to medical malpractice damage caps and the part they play in reducing health care costs. However, people forget that damage caps would result in patients losing the benefit of the market oversight and penalties associated with malpractice underwriting...
Problems Continue at Illinois Veteran?s Hospital
Posted on November 03, 2009Serious safety issues continue to plague an Illinois Veterans Affairs hospital. This comes even after major surgeries were suspended two years ago because of a spike in patient deaths. Surgeons at the medical center in Marion, Illinois performed procedures without proper authorization...
New Documentary Film Discusses Broken Health Care System
Posted on November 03, 2009A new documentary film, ?Money-Driven Medicine? tackles the economic underpinnings of an American healthcare system that kills four times as many people though medical error and preventable infections as those who die in a highway accident. The film explores the question of how a country that spends more money per capita than anywhere winds up with higher infant mortality rates and poorer hospital-care outcomes than other wealthy countries...
Where is the Accountability in Medical Malpractice?
Posted on November 03, 2009Patrick Malone wrote an article for the Huffington Post discussing the lack of accountability of doctors in medical malpractice. In the medical industry, a doctor will lose his or her license for only flagrant patterns of drug or alcohol abuse or other criminal behavior...
Checklists Can Reduce Hospital-borne Infections Dramatically
Posted on November 02, 2009There is a low-tech way to cut down on a deadly infection that strikes roughly 80,000 intensive-care patients in the U.S. every year. Michigan hospitals dramatically lowered rates of bloodstream infections in their patients by following a five-step checklist...
Consumers Union Safe Patient Project will hold Live Forum Webcast
Posted on November 02, 2009On November 17, 2010 the Consumes Union?s Safe Patient Project (formerly Stop Hospital Infections) is holding a forum, ?To Err is Human, To Delay Is Deadly,? in Washington DC. You may watch a free live webcast on the day of the event. The forum will mark the 10th Anniversary of the IOM study on medical errors...
Medical Malpractice Insurers Must End their License to Gouge
Posted on November 01, 2009The Huffington Post discussed the powerful insurance industry and their influence on health care reform. Doctors have long been complaining about their medical malpractice insurance rates. They blame them on judges, juries and injured patients, blaming them for insurers? decisions to raise rates even though claims and payouts have dropped over the last several years...
Health Care Bills Sidestep Medical Errors Issue
Posted on November 01, 2009Health care legislation that currently sits before Congress takes only modest steps to address a problem that is far more important than inadequate medical insurance, medical error. Recent studies show that preventable medical errors kill four times as many people than lack of medical insurance...
Case Law Update: Collateral Estoppel in Mental Health
Posted on October 31, 2009Kim v. St. Elizabeth?s Hospital of the Hospital Sisters of the Third Order of St Francis, No. 5-08-0571 (10/23/09) affirmed that collateral estoppel is inapplicable where issue of whether already disclosed mental health records are admissible is distinct from issue of whether records were obtained by improper procedure, in violation of Mental Health Confidentiality Act, because that issue was not necessary for judgment in prior case...
Case Law Update: Experts in Medical Malpractice
Posted on October 30, 2009Thorton v. Garcini, M.D., No. 107028 (10-29-09) affirmed that expert testimony is not required to prove negligent infliction of emotional distress. Based on personal experience alone, jury could reasonably find that circumstances caused emotional distress, when plaintiff's deceased infant remained partially delivered for one hour ten minutes while plaintiff waited for defendant physician to arrive at hospital...
Doctor Discusses the Myth of Defensive Medicine
Posted on October 30, 2009A medical doctor wrote to salon.com to voice his opposition to the belief that capping malpractice suits will make healthcare cheaper. He stated that changing medical liability laws will not improve healthcare or its costs. Also the doctor believes that defensive medicine adds very little to healthcare?s price tag and rising malpractice premiums have had very little impact on access to care...
Steps to Preventing Infection in Hospitals
Posted on October 29, 2009As many as one in 10 patients hospitalized in the United States will come down with an infection which is oftentimes due to the care that is supposed to be restoring health. These infections afflict nearly two million patients a year. They also cause close to 100,000 deaths and cost up to $6...
$4 Million Verdict in Medical Malpractice Lawsuit
Posted on October 28, 2009The family of a woman who died after childbirth was awarded $4.25 million by a jury in a medical malpractice lawsuit. The wrongful death lawsuit was brought in state court against the physicians at the medical center. The victim's death occurred just 16 hours after giving birth to her son at the hospital...
Routine Surgery Leads to Medical Negligence
Posted on October 26, 2009Seven years ago a woman entered a hospital for removal of her right ovary. However, she left the hospital with her left ovary removed. The patient filed a medical malpractice lawsuit and it is now headed towards the Kansas Supreme Court. The case has drawn attention because it discusses the constitutionality of placing caps on damages for pain and suffering...
It is Time to Tell Congress to Improve Patient Safety
Posted on October 25, 2009Victims of medical malpractice traveled to Washington, D.C. to ask their members of Congress to oppose proposals that would limit patients? legal rights in the health care reform legislation. One victim whose medical treatment for kidney stones led to a lengthy stay in a hospital?s intensive care unit discussed the amputation of both her hands and legs below the knee...
Congressman Rejects Medical Malpractice Suit Caps
Posted on October 25, 2009U.S. Representative Bruce Braley stated that the best way to reduce medical malpractice claims is to limit medical errors. He also calls on the caps for jury awards. The Congressman appeared in Washington DC with victims of medical errors. He stated that the caps are unfair, especially when the cap hasn?t been adjusted for inflation...
Do not be Fooled by Lawsuit Awareness Week
Posted on October 25, 2009Big business and their front groups are spreading lies and making the citizens of Illinois believe that there is a lawsuit crisis in Illinois. However, their only answer is to take away your right to receive justice and hold wrongdoers accountable. The group I-LAW has declared this Lawsuit Abuse Awareness week in an attempt to spread lies and take away citizens? legal rights...
Case Law Update: Expert in Medical Malpractice
Posted on October 24, 2009Walsh v. Chez, Nos. 08-1006 & 08-1522 (10/21/09) was a medical malpractice action arising out of treatment of plaintiff's autistic son. The District Court was found to have abused its discretion in dismissing plaintiffs' lawsuit after finding that reports of plaintiffs' two expert witnesses were insufficient with respect to establishing standard of care...
98,000 Reasons Why you Should Oppose Tort Reform
Posted on October 22, 2009Blake Fought was about to be released from the hospital after recovering from an illness that required a central line IV. Unfortunately, the nurse had never been trained to remove the IV and did not follow proper procedures. This caused bubbles to enter the young man?s brain, heart and blood vessels...
New Alternative to Medical Malpractice Takes Away Patient's Rights
Posted on October 22, 2009A new alternative to medical malpractice lets experts, not juries, decide their merits. Conservatives are urging that this type of medical malpractice litigation be implemented. However they overlook the idea that health courts take away a victim?s right to a jury trial...
Battle over Tort Reform Proves Costly to Families
Posted on October 21, 2009For over 20 years the insurance industry has been engaged in a pitched battle to take away the legal rights of families. They succeeded in the state of Texas, where medical malpractice caps have now greatly affected the lives of many American families...
Tort Reform will Not Improve Nation?s Health Care
Posted on October 20, 2009The University of Buffalo?s news center claims that tort reform will not cut medical costs and improve health care unless the government addresses the number of medical errors that victimize hundreds of patients every year. A researcher is critical of health care reform efforts that do not address the far-reaching problem of medical errors...
Medical Malpractice Insurers? Profits Higher than Almost All Fortune 500 Companies
Posted on October 20, 2009An alarming statistic has just been released: medical malpractice insurance companies? average profits are higher than 99 percent of Fortune 500 companies. This seems to dispute the recent claims that medical malpractice lawsuits are one of the big cost drivers in health care...
Hospital on Trial for Medical Negligence
Posted on October 20, 2009A state?s largest hospital went on trial after being accused of medical negligence that permanently crippled a patient. The 73-year-old man was left with crippling pain after a team of highly-respected doctors replaced both of his knees at the hospital...
Doctors Named in Wrongful Death Lawsuit
Posted on October 19, 2009A woman is suing a hospital and two physicians for negligence and wrongful death after a hospital failed to diagnose a cancerous nodule. The man was given diagnostics tests, including a CT scan of his chest, which revealed a nodule on his lung that should have been considered malignant, but was considered to be negative...
Medical Malpractice Settlement after Woman?s Fatal Fall in Operating Room
Posted on October 17, 2009The family of an 86-year-old woman who died after she fell from an operating table following a hip surgery has settled a wrongful death lawsuit with a medical settlement. The medical malpractice settlement halted a trial that was set to begin. The hospital agreed to pay $900,000 in the settlement...
Patients Possibly Exposed to HIV are Tested for Virus
Posted on October 15, 2009A hospital, where officials say a nurse may have exposed more than 1,800 patients to HIV and hepatitis by reusing medical supplies, says that patients are currently being tested for HIV. Officials at the hospital said that 410 of the 1,851 potentially exposed patients have been tested...
Four Patients Say they were not Informed of Radiation Overdose
Posted on October 15, 2009The hospital that recently disclosed they had been giving overdoses of radiation told the Los Angeles Times that they had contacted all those affected by the medical error. However, some four people claim that they were only asked about hair loss and not told of the mistake or its potential cancer risk...
Case Law Update: Experts in Medical Malpractice
Posted on October 15, 2009Dienstag v. Margolis, No. 1-06-1558 (9-30-09) affirmed that the trial court properly denied motion for JNOV or new trial on jury verdict of $5.95 million (reduced to $5.45 on remittitur) for failure to diagnose breast cancer case. Defendant physician was not prejudiced by one instance in which plaintiff's retained expert referred to plaintiff's attorney, who is also a physician, as "Dr...
Medical Malpractice Lawsuit filed in Patient?s Death
Posted on October 14, 2009A relative of a woman who died after falling from her bed in a hospital has sued the hospital operations, accusing them of being negligent, careless, and contributing to the victim?s death. The 83-year-old woman died a few months after she suffered a fall from her bed...
Case Law Update: Standard of Care in Medical Malpractice
Posted on October 13, 2009Cummings v. Jha, No. 5-08-0182 (9-25-09) affirmed that a breach of standard of care was shown where experts testified that a reasonably competent surgeon would have investigated for surgical complication, and need to determine, in a patient with recent gallbladder surgery, whether there was biloma or bile leak, when patient wrote, on office intake form, that he was having chest pain which he related to his gallbladder surgery...
Hospital Error Leads to Radiation Overdoses
Posted on October 13, 2009Scores of radiation overdoses at a medical center have been traced to a single cause. That cause is a hospital mistake made when resetting a CT scanner. Hospital officials said that the medical error occurred in February 2008, when the hospital began using a new protocol for a specialized type of scan used to diagnose strokes...
Medical Malpractice Reform Savings would be Small
Posted on October 13, 2009Medical malpractice reform is unlikely to cut healthcare spending significantly. The Congressional Budget Office found that the savings of medical malpractice reform would only be approximately 0.5% or $11 billion a year at the current level. This is far lower than advocates had estimated...
Jury Awards Plaintiff $9.5 Million for Permanent Damage from Erectile Dysfunction Treatment
Posted on October 11, 2009A jury awarded a man a $9.25 million jury award after a men?s clinic erectile dysfunction therapy caused permanent damage to his penis. The jury awarded $750,000 in compensatory damages and $8.5 million in punitive damages for the medical malpractice, even after the plaintiff had only asked for $6...
Medical Malpractice Insurers are Earning More than Ever
Posted on October 10, 2009As Congress debates nationwide health care reform, a new analysis reveals medical malpractice insurers have long-played a cruel hoax on legislatures and the public. Insurance companies have created a phony ?financial crisis,? so lawmakers would limit the rights of those harmed by medical error...
Autistic?s Teen?s Fatal Overdose Blamed on Hospital
Posted on October 10, 2009An autistic young man, who was unable to speak, entered a Children?s hospital for some routine dental work. The hospital made the reckless medical error of using a painkiller-laced patch though his procedure. This type of patch is usually only meant to ameliorate chronic pain in cancer patients and others...
State Considers Hospital Safety Consultant
Posted on October 09, 2009The Washington State Hospital Association is urging the state to appropriate money for a consultant who would analyze medical error reports and recommend solutions to help facilities avoid death and injures. Hospitals which are required to report medical errors feel that they aren?t getting enough in return when the state collects their report...
Trial Begins in Student?s Meningitis Death
Posted on October 09, 2009The trial is set to begin in a medical malpractice lawsuit stemming from the death of a University of Pennsylvania sophomore two years ago. The 19-year-old victim died in September of 2007. Her family is claiming that the Hospital at the University of Pennsylvania was medically negligent in performing a lumbar puncture on a patient with brain swelling...
Physician at Pain Clinic Accused of Improperly Prescribing Pain Killers
Posted on October 08, 2009One mother had to watch her 23-year-old son snorting crushed pain pills after doctors gave her son what could have been lethal amounts of prescription pain killers. The state?s department of health led to investigations that found that two doctors had committed medical malpractice by improperly prescribing pain killers and muscle relaxers to her son...
Doctors Mistake Feeding Tube Causing Injury
Posted on September 30, 2009A 52-year old man is know helpless hooked to a ventilator in a nursing home after doctors at a hospital mistakenly put a feeding tube into her lung this year, filling it with fluid. The woman is now unable to do simple tasks such as cooking. The woman had entered the hospital with breathing problems, but is now unable to leave a nursing home...
Government Settles Naval Center Medical Malpractice Case
Posted on September 30, 2009The federal government has agreed to pay $450,000 to settle a medical malpractice case filed by the family of a woman who died at a Naval Medical Center after a routine surgery to remove an infected boil. The federal government admitted no wrongdoing in the medical malpractice settlement...
Two Brian Surgeons Accused of Failing to Operate on a Patient
Posted on September 30, 2009Two brain surgeons at a hospital face charges for failure to complete a brain surgery. The department of health has documented the hospital for 14 different medical abuses including when two brain surgeons failed to perform an operation of a patient that was already sedated on the table for operation...
Medical Malpractice Lawsuit Filed after a Breast Surgery Goes Wrong
Posted on September 29, 2009The family of a high school senior who died in connection to a surgery 18 months ago is suing the surgeon and anesthesiologist who preformed the corrective procedure. The young woman experienced a reaction to the anesthesia known as malignant hypothermia while undergoing surgery to rearrange asymmetrical breasts...
Court reinstates Jury?s $10.3 Million Malpractice award for Victim
Posted on September 29, 2009The Palm Beach Post reported that an appellate court has reinstated the $10.3 million settlement a jury awarded her after she lost her husband to a medical mistake. The family was awarded the money in 2003 after a jury found that the victim died because he did not receive treatment at a hospital...
Expert Discusses Tort Reform beyond Medical Malpractice Caps
Posted on September 28, 2009Tom Baker, a national expert on the impact of medical malpractice litigation on physician?s insurance costs, recently sat down with the Connecticut Tribune to discuss the recent health care reform debate. Several years ago, Baker studied the impact of medical malpractice litigation on health care-costs...
Family Sue Doctor for Dad?s Wrongful Death
Posted on September 28, 2009The children of a retired police lieutenant believe that there father was a victim of medical error after he was rushed to the emergency room. Fox40 stated that the children believe that the doctor abandoned his efforts to resuscitate the police officer and then surreptitiously removed the victims watch and put it in his pocket...
Tort Reform will not Fix Health Car
Posted on September 28, 2009Every year 98,000 people die annually from preventable medical error, at a cost of $29 billion. That is the equivalent of two 737s crashing every day for an entire year. However, despite this alarming statistic, legislators still want to reform health care...
Illinois Woman Dies Following Surgical Fire
Posted on September 28, 2009A southern Illinois woman died after being severely burned in a flash fire while undergoing surgery. This has become a rare but vexing medical error in operating rooms. The victim died six days after being burned on the operating table at the hospital...
Medical Malpractice Lawsuit Filed against Doctors in Teen?s Death
Posted on September 27, 2009A medical malpractice lawsuit was filed against a plastic surgeon and anesthesiologist in the death of a high school student. The medical malpractice lawsuit claims that the teen died as a result of the actions or inactions of her doctors. The victim was having breast augmentation surgery when she suffered a condition called malignant hyperthermia...
The Truth about Medical Malpractice Lawsuits
Posted on September 26, 2009President Obama was able to tap into a large vein of public support when he suggested that he is open to reforming medical malpractice laws. Many people believe that medical inflation is the result of doctors needing to practice ?defensive medicine? to avoid medical malpractice lawsuits...
Hospital Negligence Teaches us About Medical Malpractice
Posted on September 25, 2009In 2001, an 18-month-old little girl climbed into a hot bath and suffered burns that landed her into a PICU. Two days before being released from the hospital, the young girl died from dehydration and medical error. She died despite her mothers concerns with the hospital staff about Josie being denied liquids and being administered narcotics...
Trial Lawyers Become Scapegoats in Health Care Reform
Posted on September 25, 2009Washington is trying to use trial lawyers as their scapegoats in order to push their tort reform legislation. However, this will do nothing to fix health care and even worse it will do nothing to prevent medical errors. Forty-six states have enacted tort reform, and their health care costs continue to skyrocket...
Hollywood Spoofs Health Care Reform
Posted on September 23, 2009Many of Hollywood?s A list joined together to speak out to help insurance companies. Obviously, the video is a spoof on the recent health care debate because the actors are actually advocating for the executives of the insurance industry. Please view the video and contact your local senator voicing your opinion of health care reform...
Sign Petition to Say Oppose Tort Reform
Posted on September 23, 2009Yesterday at least 23 amendments to the health care bill were added that would shield both negligent doctors and hospitals from accountability. These amendments would weaken a citizen?s right to hold negligent providers accountable when they cause severe permanent injuries or death...
New AAJ Campaign Tells Congress to ?Put Patients First?
Posted on September 23, 2009The American Association for Justice ?AAJ? launched the first phase of a nationwide ad campaign to educate lawmakers about the epidemic of preventable medical errors and how tort law reform will not lower the cost of health care. According to the Institute of Medicine, 98,000 people are killed each year by preventable medical errors...
Case Law Update: Experts in Medical Malpractice
Posted on September 22, 2009Smith v. Pavlovich, No. 5-08-0256 (9-10-09) affirmed that the granting of motion in limine and directed verdicts as to Defendant advanced practice nurse were proper; the pediatrician was not qualified to testify as to standard of care for nurse as he was not licensed as advanced practice nurse; no other expert was offered; and the nurse herself testified that she met standard of care...
Medical Malpractice Lawyers Discuss Tort Reform
Posted on September 22, 2009Two top medical malpractice attorneys discussed tort reform with CNN. They talk about the rarity of punitive damages and the falsity of defensive medicine. This comes after President Obama discussed defensive medicine in his recent address to Congress...
American Association for Justice Discusses Tort Reform
Posted on September 21, 2009The President of AAJ, Anthony Tarricone, was adamant that any changes to the malpractice system must focus on patient safety and preventable medical errors. He also believes that it is crucial that any tort reform does not limit patients? legal rights...
Consensus on Health Care Still Elusive in Congress
Posted on September 21, 2009The White House tried to cool Republican opposition to its health care overhaul by announcing a $25 million preliminary program aimed at eventually revamping the nation?s controversial medical malpractice legal system. The malpractice plan was authorized by a two-page ?presidential memorandum...
Contact your Senator to Oppose Restrictions on State Tort Reform
Posted on September 21, 2009This week, the Senate Finance Committee will consider the Health Care Bill released by Chairman Baucus. During consideration, there will be hundreds of amendments offered. Nearly 20 of these proposed amendments call for various restrictions on state tort remedies for medical malpractice cases...
The Truth on Medical Malpractice and Tort Reform
Posted on September 20, 2009Recently, the President?s idea of tort reform has created a heated debate. One editorial discusses the myths and facts of tort reform. President Obama continued to endorse conservative ideas such as efforts to prevent victims of medical malpractice from winning compensation in the civil justice system in his health care speech...
Tort Reform is not the Real Solution
Posted on September 19, 2009While many people are discussing tort reform, it has become apparent that such a measure will do nothing to cut medical costs. In the debate, some critics are going so far as to cite the lack of tort reform as a major deficiency of current proposals...
Woman Dies of Gangrene, Husband Sues Hospital
Posted on September 19, 2009A hospital was ordered to pay $8 million in a wrongful death lawsuit that was filed by a patient?s widow. The widow claims that his wife visited the hospital three times. On the first occasion, the hospital found that she had minor intestinal blockage...
Hospital Finds Staph Infections in 15 Staff Members
Posted on September 18, 2009After finding staph infections in five of its patients in a two month period, the hospital decided to test all operating room staff members. The hospital found that 15 staff members were in fact carrying the common staph bacteria. However, the hospital is not claiming responsibility for the infected patients...
Illinois Trial Lawyers Association Speaks out on Behalf of Illinois Medical Malpractice
Posted on September 18, 2009The President of the Illinois Trial Lawyers Association has spoken out on behalf of Illinois medical malpractice attorneys in the Chicago Tribune recently. In Peter Flowers? editorial he spoke of the unsubstantiated claims that have been floating around the country with the recent health care debate...
Senate Negotiations Include Tort Reform
Posted on September 17, 2009Senate health care negotiators discussed the man ways to decrease the health care budget. They also discussed medical malpractice. Senator Kent Conrad stated that negotiators agreed that the federal government should provide funding for states to experiment with a range of alternatives to medical malpractice lawsuits...
Obama Clarifies Position of Medical Malpractice on ?60 Minutes?
Posted on September 16, 2009In his speech before Congress last week, President Obama attempted to win Republican support for his health care overhaul by agreeing to consider including medical malpractice reform in his plan. However, In his 60 minutes interview the president clarified what he meant by tort reform...
Chicago Lawyer Steven Levin Discuses Obama?s Medical Malpractice Plan
Posted on September 16, 2009After Obama?s surprising statement that he believes that tort reform should be included in health care reform, many are discussing the pros and cons of tort reform. Additionally, there are different programs under way in several states that could provide a template for addressing medical-malpractice abuses...
Medical Malpractice Lawsuits are not Driving the Cost of Health Care
Posted on September 15, 2009President Obama started a debate last week when he said he?d consider medical malpractice tort reform as part of his health care overhaul. Although this plan falls short of the malpractice awards that Republicans and physician groups support, the president spoke only of ?demonstration projects? at state levels...
Case Law Update: Lost Chance in Medical Malpractice
Posted on September 14, 2009Matthews v. Aganad, No. 1-08-0499 (9-4-09) affirmed that a trial court within its discretion in denying motion for judgment n.o.v., as Plaintiffs' experts offered no credible alternative standard of care for administration of vaccine to plaintiff, but only argued against using CDC guidelines as standard of care...
Trial Lawyers Discuss Health Care Tort Reform
Posted on September 14, 2009The trial lawyer?s lobby is worried that medical malpractice tort reform could become a bargaining chip in the health care debate. They are lashing out at any attempt to include medical malpractice limits in health care reform bills. Citing the fact that 98,000 people are killed every year by preventable medical err, the president of the American Association for Justice believes that this bargaining tactic will greatly harm victims of medical malpractice...
State Legislature Holds Hospitals Accountable
Posted on September 12, 2009A state government recently passed legislation authorizing the state to release records of hospital medical errors. The legislation focuses on preventable errors such as operating on the wrong side of one?s body, leaving a sponge in the body after surgery, or operating on the wrong person all together...
Medical Malpractice Lawsuits do not End in Higher Insurance Premiums
Posted on September 11, 2009While insurance companies claim that medical malpractice claims are the primary driver behind the high prices doctors pay for insurance. However, the statistics show that this statement is false. One national study found that while payouts did decline in the nineteen states that had caps, premiums in capped states rose far faster than those in uncapped states...
Call to Members of Congress to Oppose Medical Malpractice Reform
Posted on September 10, 2009In response to President Obama's speech to Congress on healthcare reform, the American Association of Justice, medical malpractice attorneys, and victims of medical malpractice urge you to contact your U.S. Representatives and Senators to say no to tort reform as part of the larger push for healthcare reform...
People Over Profits - Write Your Congressman and Senators
Posted on September 09, 2009Yesterday, Chicago medical malpractice attorneys Levin & Perconti posted a link to the People Over Profits website which allows people to send an email to the White House, urging the President to keep tort reform off of the health care bill currently being debated in Congress...
The Truth about Medical Malpractice Tort Reform
Posted on September 09, 2009While the health care debate rages on, many Americans have the wrong idea as to what is driving health care premiums. Health care costs are rising faster than the overall economy, wages and general consumer prices. However, the belief that increases due to excess insurer profits, the aging of America and the high cost of medical malpractice are the blame for the failing health care system are wrong and unfounded...
Stand Up Against Medical Malpractice Reform
Posted on September 08, 2009As medical malpractice attorneys who represent victims of medical negligence and their families, we encourage you to contact your representatives to keep medical malpractice reform out of the health care bill. Proponents of medical malpractice reform argue that reform will drastically cut health care costs, however, in 2005, the Congressional Budget Office found that medical malpractice claims account for "less than 2 percent" of health care spending...
Several Hospitals Fined
Posted on September 08, 2009A series of hospitals have been fined for serious medical violations, according to an article. Some of these medical violations led to either serious bodily harm or even death. At one particular hospital, a child suffered serious brain injury after the nursing staff failed to drain his head properly...
Misdiagnosis Leads to Woman?s Death
Posted on September 07, 2009A misdiagnosis of cancer led to a woman?s death. The woman?s mother had died of cancer so she was particularly concerned when she discovered a large bump on the top of her head. After seeing her doctor, he claimed the cyst was nonmalignant. It was removed a week later by a medical technician who then disposed of the cyst and did not send it for medical testing...
Legislative Update: Do-Not-Resuscitate Orders
Posted on September 06, 2009Public 96-765 amends the the Health Care Surrogate Act affecting Do-Not-Resuscitate orders. It makes three changes: (1) Requires only one witness instead of two. (2) Requires that the witness attest that the person executing the DNR order was given an opportunity to read the form and either signed the form or acknowledged his or her signature or mark on the form in the witness's presence...
Medical Mistake Leads to Hospital Sued
Posted on September 05, 2009A surgical patient is suing a hospital because he claims the doctor removed the wrong kidney. The patient hired a medical malpractice attorney who claims the doctor removed the healthy kidney before realizing the mistake he had made by not removing the diseased kidney...
Jury Awards Huge Verdict to Child
Posted on September 04, 2009A jury awarded a brain-damaged child $7.4 million against her doctors while she was a newborn. The jury found that the child?s doctors were negligent when they failed to promptly treat an infection the child developed. The child?s medical malpractice attorneys claimed it took eight hours before the child was treated for the infection...
Nurses? Negligence Leave Newborns Dead and Brain Damaged
Posted on September 03, 2009Nurses mistakenly gave two pregnant women a drug that helps induce labor for unborn fetuses. This drug led to the death of a women?s unborn twins while the second women gave birth to a severely brain damaged newborn. One woman is now suing the hospital for the nurses? negligence and to bring light to the increasing problems with prescription errors...
Tort Reform at Issue in Healthcare Debate
Posted on September 02, 2009A former U.S. Senator recently proposed that one way to have Republicans sign onto a universal healthcare plan would be to do so with medical malpractice tort reform. It has also been suggested that medical malpractice claims are ?driving up? healthcare costs...
Parents Awarded $6 Million in Death of Son
Posted on September 02, 2009The death of a six-month old boy led his parents to file a medical malpractice suit against the boy?s hospital. The wrongful death medical malpractice lawsuit claims the hospital negligently discharged their son after he showed signs of lethargy and fever...
Health Care Debate Dispels Rumors
Posted on August 31, 2009According to an article, medical malpractice lawsuits are not the major problem needed to be reformed in the health care debate. The article claims that ?medical malpractice makes up a tiny percentage of overall healthcare costs,? contrary to popular opinion...
Case Law Update: Complaint in Medical Malpractice
Posted on August 28, 2009Cookson v. Price, No. 3-08-0669 (8/1//09) reversed and remanded a medical malpractice action against physical therapy assistant, complaint dismissed as initial Section 2-622 report from physical medicine and rehabilitation physician found non-compliant with Section 2-622...
Navy Hospital Settles Three Medical Malpractice Claims
Posted on August 26, 2009The government has settled three medical malpractice claims on behalf of its navy hospital totaling 2.77 million dollars. Four other medical malpractice claims are in talks to be mediated at a later date. The settlements stem from accusations of medical negligence in birth, failure to diagnose a disease, and an amputation after negligent care...
Negligence Leads to MRSA Infections
Posted on August 24, 2009More people will die in the US this year from MRSA infections than from the swine flu or AIDS. The Journal of American Medicine Association estimates that 18,000 Americans die each year from MRSA infections. Statistics show that most people who develop MRSA do so after receiving care from a hospital or other health care facility...
Tort Reform Will Not Cut Costs
Posted on August 24, 2009According to an article, ?studies show malpractice awards are not a big driver of skyrocketing (healthcare) costs.? In the debate on healthcare reform, many republicans are whispering that medical malpractice awards need to be capped to assist reducing the overall healthcare cost, the article claims...
Don't Believe Lies on Illinois Medical Liability
Posted on August 21, 2009Recently the president of the Illinois Trial Lawyers Association discussed some of the falsehoods about medical-liability insurance that have been spread throughout Illinois. One is that doctors are fleeing Illinois because of insurance cost. In fact, the American Medical Association states that the number of doctors in Illinois has been steadily increasing over the past decade...
Feeding Tube Causes Death
Posted on August 20, 2009A man who was admitted to a military medical center died five months after he had a feeding tube inserted into his lung. The family claims in their medical malpractice suit that the doctors failed to remove the tube immediately after discovering the medical mistake...
Woman Dies after Routine Surgery
Posted on August 19, 2009A woman died after having routine surgery at a hospital. She requested to see her doctor when she experienced excruciating pain after surgery, but was not allegedly examined until the next morning. The examination proved too late because she had already gone into shock and was rushed to intensive care where she died...
A state?s Supreme Court has ordered
Posted on August 18, 2009A state?s Supreme Court has ordered a new trial in a medical malpractice case because the defendant helped treat a juror who fell ill during closing arguments. During closing arguments, the plaintiff?s attorney spoke as though he was the victim, describing what he may have been thinking as he was dying, and then began describing being autopsied...
Death Wakes Up Medical Professionals
Posted on August 18, 2009A man that died during a liver transplant has led medical professionals to improve the safety of such surgeries. After the man?s death, the hospital was fined. The hospital ended up suspending any other similar surgery from being performed. It also settled a wrongful death medical malpractice suit with the patient?s widow...
Broken Leg Turns into Vegetative State
Posted on August 17, 2009A man entered a hospital to undergo minor surgery to fix his broken leg. However, according to his medical malpractice lawsuit, the hospital committed a series of preventable medical mistakes and procedural oversights. The man left the hospital severely brain damaged, quadriplegic, ventilator-dependent and semi-comatose...
Mother Bleeds to Death After Birth
Posted on August 16, 2009A woman went to a hospital expecting a normal vaginal delivery. However after 10 hours of labor she needed a cesarean section and began bleeding internally after her uterine arteries were torn or cut during the surgery. According to her medical malpractice lawsuit she bled to death after the attending physician and obstetrician argued as to how to treat her...
Hospitals Have Poor Performance in Safety Areas
Posted on August 14, 2009A detailed safety analysis conducted on behalf of Hearst Newspapers found that at least one in six of the studied facilities had preventable deaths. These occurred from common procedures, including cases in which medical instruments were left inside patients and transfusions were done incorrectly...
Case Law Update: Vicarious Liability in Medical Malpractice
Posted on August 13, 2009Contribution/Indemnity Marion Hospital Corporation v. Sterling Emergency Services of Illinois, No. 5-07-0703 (7/23/09) reversed the original decision stating that the hospital sued Emergency Services Providers claiming "express indemnity" to recover for settlement paid by Hospital in separate suit in another county...
Mandatory Nationwide Reporting System Needed For Medical Errors
Posted on August 13, 2009Although a study conducted 10 years ago stated that a mandatory nationwide reporting system for medical errors was imperative, one still does not exist today. The AMA and the American Hospital Association vehemently opposed an attempt by President Clinton to create a mandatory reporting system for serious errors...
Medical Mistakes Blamed in 200,000 Deaths a Year
Posted on August 12, 2009A recent investigation by the Hearst Company has drawn attention to the fact that approximately 200 thousand Americans will die this year from preventable medical errors and hospital infections. Currently 20 states have no medical error reporting system in place, five have voluntary ones and five more are developing reporting systems...
Case Law Update: Tortuous Interference with Medical Malpractice
Posted on August 11, 2009Botvinick v. Rush University Medical Center, No. 08-1966 (7/24/09) affirmed that the district court not err in granting defendants' motion for summary judgment in action alleging that defendants tortiously interfered with plaintiff's expectation of future employment by providing potential employer with false and petty information about plaintiff's reputation...
Case Law Update: Vicarious Liability for Physician?s Assistant
Posted on August 11, 2009Marion Hospital Corporation v. Sterling Emergency Services of Illinois, Inc, No. 5-07-0703 (7/23/09) remanded the decision after a hospital sued Emergency Services Providers claiming "express indemnity" to recover for settlement paid by Hospital in separate suit in another county...
Case Law Update: ADA in Wrongful Termination
Posted on August 10, 2009Casna v. City of Loves Park, No. 07-1044 (7/24/09) found that the District Court erred in granting defendant's motion for summary judgment in ADA action alleging that defendant terminated plaintiff from her administrative assistant position in retaliation for having made internal complaint of discrimination based on her disability...
Health Care Hides a Massive Number of Avoidable Deaths
Posted on August 10, 2009Experts estimate that about 98,000 people die from preventable medical errors each year. This calculates to more Americans dying each month of preventable medical injuries than died in the terrorist attacks on September 11, 2001. In addition, a federal Center for Disease Control and Prevention concluded that 99,000 patients a year succumb to hospital-acquired infections...
Illinois Veterans Affairs Hospital Settles Medical Malpractice Suit
Posted on August 10, 2009The government has reportedly settled a medical malpractice suit with a widow of a veteran over an Illinois Veterans Affairs Hospital medical procedure. The widow?s husband allegedly received a blood infection after a biopsy. The man?s estate claims that the physician was medically negligent during his treatment at the Illinois hospital...
Hospital Settles in Wrongful Death Lawsuit
Posted on August 09, 2009A hospital settled after a family filed a wrongful death lawsuit against it for the loss of their family member. The patient allegedly went to the hospital for treatment of low blood sodium. He then died of brain damage three weeks later. The physician that treated the man was also found partially responsible...
Doctor Had Everyone Fooled
Posted on August 07, 2009A Yale graduate, John Christian Gunn had everyone fooled. He allegedly had a string of medical errors since 2005. Another physician tried to warn the hospital of Gunn?s negligence in a letter to them stating that Gunn was a ?danger to patients.? To date, a medical malpractice trial has been scheduled against Gunn?s employer for one of his last operations that left his patient dead...
Avoiding medical mishaps
Posted on August 06, 2009An issue of Women's Health this summer touched upon issues that concern a lot of Levin & Perconti blog readers - how to avoid medical mishaps. We wanted to share the startling statistics that the magazine provided. Each year, nearly 1.5 million Americans are injured by medication errors and up to 98,000 die in hospital due to medical errors...
VA Hospital Leaves Patients Exposed to Infections
Posted on August 05, 2009A veterans? hospital allegedly has exposed patients to infectious bodily fluids after treating them. A medical malpractice attorney claims that his clients were given false diagnoses at the hospital telling the patients they tested positive for infections that later came out negative...
Two Babies Affected by MRSA, One Survives
Posted on August 04, 2009A family in Illinois has been affected twice by the bacterium commonly referred to as MRSA. First, the woman gave birth to a baby girl. After taking her home, they realized she developed MRSA. She died shortly after. The family gave birth to a second baby girl when medical staff at the Illinois Hospital recognized the same MRSA infection on the baby?s skin...
Trial Scheduled for Hospital Negligence in Death of Patient
Posted on August 03, 2009A hospital will be defending itself in a hospital negligence medical malpractice lawsuit beginning today, claims an article. The hospital was warned that one of their surgeons was a ?danger to patients? but allowed the surgeon to continue performing surgeries...
Post-Surgical Error Leads to Death
Posted on August 02, 2009A family of a man who died after surgery has now filed a medical malpractice lawsuit against the medical center. The family alleges that after surgery a staff member at the medical center incorrectly removed a clamp from the man which then proceeded to drain the man of all his blood into a bucket...
Man Awarded $1 Million in Medical Malpractice Claim
Posted on August 01, 2009A man was awarded $1 million in a medical malpractice claim against a negligent surgeon. The surgeon allegedly was hired to close a perforation the man had suffered during a colonoscopy, but instead did not find the perforation, according to the man?s medical malpractice attorney...
Medical Malpractice Lawsuit Filed for Loss of Leg
Posted on July 31, 2009A woman alleges in a medical malpractice lawsuit against an orthopedic firm that her surgeon failed to diagnose a blood clot in her leg which eventually caused her to lose her leg. The woman went to the orthopedic firm three times complaining of leg problems, but she was never diagnosed...
Medical Mistakes Must be Top Priority in Healthcare Reform
Posted on July 30, 2009According to an article, correcting medical mistakes must be the top priority in healthcare reform. Medical errors result in thousands of unnecessary deaths each year and accumulate huge healthcare costs, the article states. The article proposes forming a national medical safety board to investigate many of the numerous medical errors...
Medical Devices May Have Caused Infection
Posted on July 28, 2009A woman learned from her hospital that medical devices used during her surgery may have caused severe infection in her brain. The severe and fatal infection is known as Creutzfeldt-Jakob disease. This disease causes dementia, memory loss, deteriorating eyesight, impaired thinking or judgment, and motor function loss in patients...
Woman Awarded $24 Million in Failure to Diagnose Claim
Posted on July 24, 2009A woman was awarded $24 million in a medical malpractice suit against her doctors for the failure to diagnose her breast cancer lump. The woman claims she had complained of a lump in her breast to her doctor but her doctor assured her not to worry about the lump until her next visit...
Vet Loses Vision during Eye Surgery
Posted on July 23, 2009A vet filed a medical malpractice lawsuit after he alleges his corneas were damaged during eye surgery at a Veterans Administration Hospital. The vet underwent surgery to remove sagging skin between his eyelid and eyebrow. After he filed the medical malpractice suit, the hospital called the vet and his family in to address the issue...
Medical Liability Study Released
Posted on July 22, 2009According to Joanne Doroshow, Executive Director for the Center for Justice & Democracy, a new study from the Americans for Insurance Reform called True Risk: Medical Liability, Malpractice Insurance and Health Care has been released with major findings...
Doctor Disciplined Over Chastising Patient
Posted on July 21, 2009A Chicago doctor was fined $500 after being accused of chastising a woman in labor with her fifth child and refusing to give her pain medication. According to the medical malpractice civil lawsuit filed by the woman, the doctor failed to give her pain medication because he was angry with her for not calling him first...
Medicare Study Exposes ?Double Failure?
Posted on July 18, 2009A new Medicare study claims that too many people are dying needless deaths within hospitals and are carelessly turning out patients after short stays that end up back in the hospital within 30 days. John Rumsfeld of the Denver VA Medical Center and chief science officer for the American College of Cardiology's National Data Registry, called this a ?double failure? of our healthcare system...
Grand Jury Investigation in Emergency Room Death
Posted on July 17, 2009A grand jury investigation has begun in the death of a woman who was found on the floor of a psychiatric emergency room. The woman was rushed by ambulance to the ER when diagnosed with schizophrenia and psychosis. The woman was found dead on the floor of the emergency room while waiting 24 hours to be treated...
Patient Suffers at Hands of Surgeon
Posted on July 16, 2009A patient received a jury verdict of $1.3 million against a hospital resident for surgical malpractice. The woman had complained of ovary and abdomen tenderness. The hospital staff recommended gynecological laparoscopic procedure. However, during the surgery the hospital resident injured an iliac artery and vein in the patient which almost caused her to lose her entire blood volume, according to the article...
Patient Wins in Medical Neglect Case
Posted on July 15, 2009A patient filed a medical malpractice case against her OB/GYN physician for neglect in diagnosing her of cancer. The patient complained of a lump in her breast to her physician who then failed to diagnose the lump in a timely matter for breast cancer...
Medical Injuries, Not Patient Compensation, Is Problem
Posted on July 14, 2009According to an article, preventable medical injuries, not patient compensation, is the problem with healthcare reform. Many think limiting liability against doctors would help but the article disagrees. Most patients that file medical malpractice claims against their medical provider have been seriously injured from such procedures...
Woman Receives Jury Verdict against Plastic Surgeon
Posted on July 14, 2009A woman received a jury award of $60 million against her plastic surgeon for medical malpractice. The woman underwent a thigh lift procedure performed by the plastic surgeon. After the surgery, the article claims the woman ?sustained significant injury and deformity to the vagina which is permanent and cannot be surgically corrected...
Case Law Update: Evidence in Medical Malpractice Suit
Posted on July 12, 2009Sbarbora v. Vollala found that the trial court did not abuse its discretion in denying Plaintiff's motion for new trial after jury verdict in favor of all Defendants. Plaintiff not substantially prejudiced by Defendant physician's testimony about his discharge summary, even though Plaintiff's counsel was not provided with discharge summary until time of trial...
Psychiatric Malpractice Claim Proceeds
Posted on July 12, 2009A psychiatric malpractice suit filed for wrongful death of an inmate will pursue against a county and psychiatrist. An inmate committed suicide after his psychiatrist ordered ?close watch? of his patient by the prison employees because he recognized the inmate had suicidal tendencies...
Third Chance Might be Charm in Medical Malpractice Suit
Posted on July 09, 2009A woman?s estate has a third chance to claim their previous jury award of $11 million for medical malpractice. The family claims the woman died from a medical misdiagnosis when the doctor told her she had arthritis when in fact she had cancer. The medical malpractice claim had been dismissed twice after the family was originally awarded $11 million...
Medical Malpractice Payments Reach New Low
Posted on July 07, 2009According to an article by Public Citizen, medical malpractice payments are at an all-time low in 2008, but this record does not imply that medical practice health standards have improved. The article claims that between three and seven Americans die every year from medical errors for every one who receives a payment for any malpractice claim...
Better Knowledge of Geriatric Medicine May Prevent Medical Malpractice
Posted on July 06, 2009A recent New York Times Op-Ed calls on hospitals to provide clinical training to medical students in geriatric care in order to deliver proper medical treatments to older patients. Currently, medical students receive clinical training in ob-gyn and pediatrics but most physicians never treat children or deliver babies...
Lawsuit Filed against Wrestler?s Doctor
Posted on July 04, 2009The family of Chris Benoit filed a lawsuit against his physician for improperly prescribing medications to the wrestler. The family claims Benoit was using these medications when he strangled and killed his wife and son. Other physicians have come forward and claimed the doctor was negligent in monitoring his patient during the course of prescribing medications...
Patient Never Allowed to See Doctor
Posted on July 03, 2009A physician was held accountable in a wrongful death lawsuit for neglecting to diagnose a patient. The patient died of a dissected aorta and bled to death. The patient asked the doctor to see a cardiologist at the hospital but was never given that opportunity...
Parents Settle in Wrongful Death Lawsuit
Posted on July 02, 2009Parents of a young boy who died after having surgery settled with the boy?s doctor for $200,000 in a wrongful death medical malpractice claim. The boy died from septic shock after his bowel was perforated during a medical procedure. The doctor also checked on the boy the following day and found the perforation, according to the parents...
Amputation Results in Medical Malpractice Award
Posted on July 01, 2009A man who suffered gangrene after surgery won a large jury award for medical malpractice against his doctors and hospital. The man underwent heart surgery for an improperly functioning valve. His doctors did not monitor him for blood clotting and he developed gangrene...
Woman Awarded Nearly $3 Million from Medical Malpractice
Posted on June 29, 2009A jury awarded a woman nearly $3 million from a medical malpractice suit she had filed against a physician group for a bowel leak during surgery that was to remove a cyst on her ovary. The leak was not discovered until 10 days later although the doctors should have seen it earlier through images taken of her uterus...
Patients Given Incorrect Radiation Doses
Posted on June 28, 2009At a veterans? hospital, 92 veterans were given incorrect radiation doses to treat their prostate cancer. According to the article, ?most veterans got significantly less than the prescribed dose while others received excessive radiation to nearby tissue and organs...
Medical Center Fined for Negligence
Posted on June 27, 2009A medical center was fined $25,000.00 for medical negligence when it allowed a patient to fall off an x-ray table which resulted in blinding of one of the patient?s eyes. Although the medical center had warning that the woman appeared confused and disoriented with a high risk of falling, she was not supervised during her x-ray procedure...
Man Awarded $1.21 Million in Medical Malpractice
Posted on June 26, 2009A man was awarded $1.21 million in a medical malpractice lawsuit he filed against his podiatrist. The man?s medical malpractice attorney claimed his client saw his doctor for foot pain when the doctor incorrectly diagnosed the man and performed unnecessary surgery on him...
Hospital Pays Out in Medical Malpractice
Posted on June 25, 2009A woman who claims she was misdiagnosed at a hospital who confused her x-rays filed a medical malpractice lawsuit against the hospital. The woman claims while at the hospital suffering from a ruptured diaphragm, miscommunication ensued over her x-rays which led doctors to diagnose her with a urinary tract infection and muscle strain...
Military Medical Malpractice Bill Proposed
Posted on June 24, 2009After long debate, a federal bill has been proposed that would allow military families to sue for medical malpractice. Currently there are laws in place that make it nearly impossible for GIs and their families to sue for medical malpractice. This proposed law is unique because the federal bill would hold the government, not doctors, accountable for non-combatant related injuries...
Man?s Misdiagnosed Staph Infection Settles Big
Posted on June 23, 2009A man with a staph infection was misdiagnosed and filed a medical malpractice suit. The man?s medical malpractice attorney claims his client went to the emergency room complaining of headaches, shakes, and fever. The doctor on duty told the man he had a strain of flu and just needed rest...
Medical Insurance Group Loses Appeals
Posted on June 23, 2009A medical malpractice insurance group claims it should not have to cover a physician in a medical malpractice lawsuit. Intermed claims the proper documentation was not filed by the physician and its clinic and thus did not have to cover the physician in a settlement against him...
Veterans Given Incorrect Radiation to Cure Prostate Cancer
Posted on June 22, 2009Ninety-two veterans were given incorrect radiation doses in an attempt to treat their prostate cancer at a veterans? hospital. Although the treatment equipment was broken, the hospital continued to treat the veterans. Thus far no medical malpractice suits have been filed against the hospital...
Wrongful Death Settlement in Chicago Medical Malpractice Suit
Posted on June 21, 2009A Chicago medical malpractice attorney, John Perconti, stated in a press release that a settlement had finally been reached on behalf of Octavia Shealey, a Chicago hospital patient who died from cardiac arrest. The settlement reached $ 5,350,000.00 for medical malpractice against Octavia?s physicians...
Woman Heart Problems Misdiagnosed
Posted on June 20, 2009A woman who complained of chest pains was misdiagnosed by a physician which led to permanent heart damage. The woman later filed a medical malpractice claim against the physician for misdiagnosing her chest pains. The medical insurer for the physician group the doctor belonged to also claimed that the group did not properly report the medical malpractice claim...
Man Files Medical Malpractice Suit Alleging Medical Mistakes Made
Posted on June 19, 2009A man filed a medical malpractice suit against a medical center claiming they made a series of medical mistakes while treating him for severe abdominal pain. The man was rushed to the hospital where he claims he was misdiagnosed and told he needed surgery...
Family Sues for Medical Malpractice after Surgical Error
Posted on June 18, 2009A family of a deceased woman sued a hospital and surgeon for medical malpractice after the woman died from sepsis and a perforated pouch at the beginning of her intestine. The family claims in their medical malpractice suit that it was the surgery performed on the woman that caused such suffering...
Limiting Patient Rights Will Not Lower Healthcare Costs
Posted on June 17, 2009According to American Association for Justice President Les Weisbrod, limiting patient rights would not lower healthcare costs. The debate over medical malpractice caps comes after a highly publicized speech by President Obama to the American Medical Association where he assured medical malpractice attorneys that he is not supporting caps on such suits but does want to scale back ?defensive medicine...
Obama Pushes Healthcare Reform
Posted on June 16, 2009Obama appealed to doctors today at the American Medical Association meeting in Chicago by referencing doctors? complaints about medical malpractice lawsuits. He stated he wants to ?scale back the defensive medicine.? However, Obama did acknowledge that he is not advocating medical malpractice caps on awards to plaintiffs because it would be unfair to those injured...
American Association for Justice Responds to Obama's Speech to AMA
Posted on June 15, 2009The AAJ responded to President Obama's speech to the American Medical Association today by stressing the importance of focusing on patient safety when discussing health care reform. On its website, the AAJ calls attention to the fact that there has been a lot of talk about restricting patients' rights but little done to address the prevention of medical errors...
Obama May Reduce Medical Malpractice Lawsuits
Posted on June 15, 2009As President Obama prepares to meet with the American Medical Association today in Chicago, a New York Times article reports that President Obama has been in talks to possibly support the reduction of medical malpractice lawsuits. While health care professionals support this change, personal injury attorneys argue that this change will negatively affect those injured or killed in incidents of medical negligence...
Contact Your Representatives to Speak Out Against Medical Malpractice Tort Reform
Posted on June 12, 2009The American Association for Justice is urging people to contact their representatives to speak out against the inclusion of medical malpractice tort reform in future health care reform bills. Congress is currently preparing to make great changes to the current health care system and there is a possibility that tort reform may be included in these changes...
Medical Malpractice Verdict Upheld
Posted on June 10, 2009A jury verdict of $500,000 was upheld in court against a physician for medical malpractice. The suit arose from a patient of the physician who alleged the physician was negligent in the care he provided her during kidney disease treatment. The physician was also accused of professional malpractice for allegedly destroying pertinent medical documents regarding the patient...
Hospital Fined for Surgical Error
Posted on June 10, 2009After leaving a sponge inside a surgical patient, a hospital was fined for medical malpractice. The patient underwent an infected catheter removal when the operating physician and nurse had a miscommunication issue that led to the sponge never being removed...
Man Sues Hospital for Wife?s Death from Cancer
Posted on June 09, 2009A man filed a medical malpractice claim against his wife?s doctor who allegedly failed to diagnose her with ovarian cancer when giving birth to their son. She died a year later. The man asserts the doctor missed a tumor on his wife?s uterus that was visible on six different ultrasounds...
Man Files Medical Malpractice Suit against Illinois Surgeon
Posted on June 08, 2009A man has filed a medical malpractice suit against his Illinois orthopedic surgeon for alleging the doctor negligently performed his surgery resulting in nerve damage and numbness. The Illinois doctor performed a left total hip arthroplasty on the man when the patient alleges the negligent medical complications took place...
Mother Sues Doctor Alleging Overmedication of Son
Posted on June 07, 2009A mother claims that a doctor overmedicated psychiatric medications to her son who later committed suicide and now has filed a medical malpractice action against the doctor. Some of the medications given to her son are not approved for treatment of children...
Woman Awarded $2.9 Million in Medical Malpractice Claim
Posted on June 06, 2009A woman was awarded $2.9 million for a medical malpractice claim against her hospital, doctors, and their professional corporations. The woman claims the doctors negligently performed an exploratory laparotomy that resulted in ?serious medical complications including infection? which led her to seek a medical malpractice attorney...
Man?s Wife Awarded Large Medical Malpractice Sum
Posted on June 04, 2009A deceased man?s wife was awarded a large jury award of $1.88 million for medical malpractice regarding the deceased. The man died of cancer even though his doctors had seen him several times before ever being diagnosed. The failure to diagnose the man?s bladder cancer spurred his wife to seek a medical malpractice attorney...
Case Law Update: Jury Instruction in Medical Malpractice
Posted on June 04, 2009Studt v. Sherman Health Systems, No. 108182, presented the question of whether in an instant medical malpractice action as to whether trial court properly gave jury instruction 2006 IPI 105.01, which advised jury that in determining whether defendant's emergency room physicians violated applicable standard of care, jury could properly consider, among other things, evidence of by-laws, rules, regulations, policies and procedures, and other evidence presented in instant case...
Patient Files Medical Malpractice Claim against Surgeon for Lost Needle
Posted on June 04, 2009A patient claims his surgeon negligently left a needle inside his body after performing an operation on him and now is filing a medical malpractice claim against him. The man alleges the needle punctured his bladder. The patient?s medical malpractice attorney filed his complaint on May 26th...
Man Sues Hospital over Larynx Injury
Posted on June 03, 2009A man alleges a hospital committed medical malpractice when performing surgery on his larynx. He is now suing them for allegedly causing him permanent damage. His injuries include vocal chord paralysis, difficulty breathing, and damage to the laryngeal nerve as a result of a posterior cervical fusion operation...
Woman Amputated After Several Doctor Errors
Posted on June 02, 2009According to an article, ?after several (medical) mistakes, miscommunications, and misdiagnoses,? a woman ended up having both arms and legs amputated and since then filed a medical malpractice suit against her doctors. The woman who had a history of kidney stones went to the emergency room with kidney stone pain...
Hospital Named in Negligence Suit
Posted on June 01, 2009A man alleges a hospital was negligent when it allowed his wife to bring a gun into a locked facility and kill herself. The woman belonged to the mental health unit and was out on visitation when she obtained the gun. The man brings a wrongful death suit against the hospital for their alleged negligence in failing to search his wife after re-entering the facility...
Failure to Diagnose Prostate Cancer
Posted on May 31, 2009The son of a deceased man claims doctors failed to diagnose his father for prostate cancer, although they had been seeing the man up until his death. The son is now filing a medical malpractice suit against the doctors for failure to diagnose. However, the deceased man?s death certificate lists several causes of death...
Settlement Over Women?s Death In Waiting Room
Posted on May 29, 2009According to ABC 7, a medical malpractice settlement over a woman who died in a hospital waiting room has finally been reached for $2 million. The woman?s family filed a wrongful death suit against the city hospital. The woman, a psychiatric patient, had been in the waiting for 24 hours, eventually landing on the floor struggling to get up...
Death from Cancer Leads to Medical Malpractice Suit
Posted on May 29, 2009A deceased woman?s estate has filed a medical malpractice suit after the woman died of cancer. The estate alleges her physicians failed to diagnose a lesion on her scalp as cancerous in a timely fashion. The doctors did not diagnose the woman?s lesion as cancer until the lesion had returned and two different tests were sent to labs...
Military Have No Medical Malpractice Option
Posted on May 28, 2009A woman died after giving birth to her first born on a military base. Her parents thought they may have a medical malpractice case because during surgery a uterine artery was cut causing massive internal bleeding and two surgical sponges were left in her abdomen afterwards...
Hospital Agrees to Pay Out $2 Million over Medical Malpractice
Posted on May 27, 2009A hospital agreed to settle with a former and now deceased patient for $2 million for medical malpractice after receiving surgery for a lesion on her kidney. The woman died after the hospital surgeons had perforated the woman?s stomach which later became infected, according to the woman?s attorneys...
Psychiatrist Blamed in Medical Malpractice for Boy?s Death
Posted on May 26, 2009The family of a boy who committed suicide in 2007 is now filing a medical malpractice suit against the boy?s psychiatrist for ?over-medicating? him. The family alleges the boy was on a psychiatric drug cocktail that led to serotonin syndrome, the cause of his death...
Medical Malpractice Suit against Orthopedic Surgeon Prevails
Posted on May 25, 2009A man won $4 million from a jury in a medical malpractice suit against his orthopedic surgeon. The jury concluded that the orthopedic surgeon was negligent during surgery. The doctor performed surgery on the man?s right arm and in the process removed a benign tumor after the man complained of pain in that arm...
Bowel Obstruction Undiagnosed at Hospital
Posted on May 24, 2009A man died from a bowel obstruction after a hospital sent him home days earlier when he reported abdominal pain. The family claims the hospital was negligent and thus decided to file a medical malpractice claim against the hospital. X-rays show that the emergency room doctor failed to recognize a bowel obstruction in the man?s stomach, according to the deceased?s family...
X-Ray Leads to Medical Malpractice Case
Posted on May 23, 2009A jury awarded a man?s widow after deciding that a man had died due to medical malpractice. A hospital failed to read a man?s x-ray which would have allegedly prevented him from having an aortic aneurysm. The widow won $2.185 million for the medical malpractice...
Caution for Nurses to Prevent Medical Malpractice
Posted on May 22, 2009According to a news article, nurses should check IVs every four hours to avoid medical malpractice litigation. The article says, ?lawsuits involving intravenous lines are the third most common cause of medical malpractice litigation in the United States...
Family Receives $3M in Chicago Medical Malpractice Settlement
Posted on May 19, 2009An 18 month old girl died after having an allergic reaction to penicillin given to her by her hospital. The penicillin was supposed to cure an eye infection. The girl?s family filed a Chicago lawsuit against St. Francis Hospital and Health Center in Blue Island for her death in which they claim the hospital also destroyed material evidence to their lawsuit...
Physician Growth on the Rise Despite Growing Medical Malpractice Litigation
Posted on May 17, 2009According to a recent study, men and women are increasingly seeking the physician profession despite concerns that medical malpractice suits will send physicians ?fleeing the profession.? The only states where physician growth did not outpace the population were states that have medical malpractice caps on jury awards...
Failed Abortion Leads to Medical Malpractice Suit
Posted on May 16, 2009A woman found out she was pregnant after having an abortion procedure by a military hospital who told the woman she had a miscarriage. The woman claims in her medical malpractice suit that due to the failed abortion her baby has suffered from severe lung damage and brain injury from remaining in the womb with inadequate amounts of amniotic fluid...
Medical Malpractice Lawyer Blames Loss on Jury Tampering
Posted on May 14, 2009A medical malpractice attorney has filed a motion for a new trial after blaming a local paper for jury tampering. According to the plaintiff?s medical negligence attorney, agents associated with the newspaper handed out copies of the publication near the courthouse while the trial was taking place...
McMahon Settles Hospital Malpractice Claim
Posted on May 13, 2009Ed McMahon settled a medical malpractice lawsuit against the hospital for an alleged failed diagnosis, botched operations, and other claims. The settlement has not been confirmed as of yet. McMahon?s attorney in the malpractice settlement is the only one to confirm...
Wrong-Site Surgery Could Lead to Medical Malpractice Case
Posted on May 13, 2009Recently, an oral surgeon at a Children?s Hospital in the northeast began surgery, only to realize a short time later that he was performing surgery on the wrong side of the patient?s mouth. The surgeon and his team were able to fix their surgical mistake with little harm done to the patient, but in many cases, surgical mistakes lead to further complications and can result in medical malpractice claims...
Orthopedist with Numerous Medical Malpractice Claims
Posted on May 12, 2009An orthopedist?s medical insurance company has settled 9 out of 27 medical malpractice claims brought against him. The patients are forbidden to reveal details about the settlements. According to the article, ?most of the 27 cases, filed from 2002 through last month, involve operations to replace knees or hips...
Daughter Commits Suicide in Doctor Care
Posted on May 10, 2009A young girl in a hospital for mental illnesses took her life while on suicide watch. According to her family, she was supposed to be on suicide watch where she would be checked every five minutes. The girl killed herself, a clear case of medical negligence according to investigators...
Mother of Stillborn Sues Hospital
Posted on May 09, 2009A mother of a stillborn baby sues a hospital after learning they disposed of the baby in the trash. The woman had made arrangements for funeral directors to pick the remains of the baby up several days after the birth, but the baby was no where to be found...
Jury Finds Doctor Negligent in Medical Malpractice Case
Posted on May 08, 2009Recently, a jury awarded a 20-year-old woman $872,000 in a medical malpractice case for the severe burns she suffered on her face and neck during surgery. The woman was having a mole removed from her eyebrow and was anesthetized during the procedure...
Case Law Update: Apparent Authority in Medical Malpractice
Posted on May 08, 2009Wallace v. Alexain Brothers Medical Center, No. 1-08-2852 (4-24-09) affirmed that the mother of a deceased child who died after receiving emergency and surgical care at defendant hospital, failed to present sufficient evidence of apparent authority to withstand hospital's motion for summary judgment...
Jury Awards Medical Malpractice Victim $12 M
Posted on May 07, 2009Medical malpractice lawyers recently argued their client?s case in front of a judge and jury and received a reward of $12 million for the 33-year-old woman who suffered disability and brain damage during a routine colonoscopy and endoscopy. During the procedure, the doctor perforated her small intestine...
Surgeon Hits Double Digits in Medical Malpractice Complaints
Posted on May 06, 2009A surgeon has a 15th medical negligence complaint filed against him after international exposure for allegedly leaving a Russian teen brain dead. This last complaint was filed in civil court and the attorney was mum to details. Among the complaints, the surgeon is a defendant in a wrongful death suit...
Lawyers File Medical Malpractice Lawsuit for Toddler?s Death
Posted on May 06, 2009A medical malpractice lawsuit was recently filed on behalf of a family who lost their 22-month old daughter as a result of medical negligence. In May 2007, the child was taken to a hospital?s emergency room with a fever. Within an hour of being at the hospital, her temperature rose to 105...
Woman Awarded Large Jury Award After Surgery Care
Posted on May 05, 2009A woman was awarded $400,000 for allegedly poor care she received after surgery in a hospital. After surgery, the woman?s bowel perforated. According to her attorney, nurses failed to follow hospital procedures. The woman alleges that due to the delay in medical care, she went into a coma for about a month...
Medication Error Prevention
Posted on May 03, 2009According to an article, medication errors account for 78% of serious medical errors in the intensive care unit.? There are strategies to prevent such medical errors including: eliminating extended physician work schedules, computerizing orders and intravenous devices, having pharmacists participate in the ICU, reconciling medications upon admission to or discharge from the ICU, and maintaining detailed up-to-date medication lists...
Woman Paralyzed During Cervical Discectomy Surgery
Posted on May 02, 2009A mother of two was paralyzed from the waist down during cervical discectomy surgery from her surgeon?s error, the article alleges. While the surgeon performed the surgery, he tamped with a hammer too hard and hit her spinal cord. The woman travels by wheelchair and is unable to move from the chest down...
Medical Procedure Gone Awry Leads to Huge Jury Award
Posted on May 02, 2009A jury issued a woman $12 million after she brought a lawsuit for medical malpractice against her doctor. She was had standard procedures done to diagnose a bowel problem when the doctor allegedly left her brain damaged. According to the doctor, the woman started experiencing vomiting and chest pain after the medical procedure error...
A Young Girl Wins Medical Malpractice Settlement from the State
Posted on May 01, 2009A girl injured during a spleen surgery was awarded a settlement from the state funded by health care providers for her medical malpractice claim against the surgeon. While having her spleen removed, the doctor decided to remove it from small holes in her belly button...
Dental Surgeon Sued for Medical Malpractice
Posted on April 30, 2009A dental surgeon is charged with medical malpractice for allegedly erring while performing a procedural biopsy. The woman claims to have permanent nerve damage and loss of smile appearance from the dental malpractice. She also claims she can no longer smile without feeling pain...
Doctor Liable for Medical Malpractice to Illinois Patient
Posted on April 29, 2009A doctor was held liable for medical malpractice when she operated on an
Government Seeks $1.2 Million in Federal Malpractice Case
Posted on April 27, 2009The federal government is seeking over $1 million from two doctors who were negligent in the case of a former military diesel mechanic. According to a report, the victim suffered personal injuries in a series of surgeries performed by the doctors. These injuries ended his military career...
Five Patients Sue Urology Center In Medical Malpractice Lawsuit
Posted on April 26, 2009Five former patients of a urology center filed a medical malpractice lawsuit, alleging that the facility improperly used medical supplies on multiple patients, potentially exposing them to danger illnesses. According to a report, the center contacted 5700 patients to warn them of a risk of blood borne illnesses and suggested they get tested because the center misused single-use supplies...
Transplant Program Settles Five Malpractices Cases for $1M
Posted on April 25, 2009Kaiser Permanente?s kidney transplant program recently settled five medical malpractice cases for a total of $1 million. The program is no longer in operation. A medical malpractice lawyer who handled the case says that the state?s medical malpractice laws are to blame for the small settlement...
Chicago Doctor Being Sued
Posted on April 23, 2009A Chicago, Illinois, obstetrician is being sued ?for allegedly botching a circumcision of a 1-day-old baby and cutting off a portion of the infant?s penis,? according to a Chicago news article. The infant had to have emergency surgery to correct the medical problem...
Defending Doctor?s Testimony Contradicts Experts
Posted on April 23, 2009A defending doctor contradicted expert testimony in a medical malpractice suit. The experts claimed a patient died from ?several treatment errors? including the doctor?s surgery, according to an article. The medical lawsuit claims the doctor misdiagnosed the patient that led to sepsis, an infection that spreads into the blood stream...
Doctors Fail to Diagnose Malrotation
Posted on April 22, 2009Malrotation is an ?abnormal alignment of the bowels that can cut off blood flow to the intestines,? according to the article. Doctors told a woman not to worry when they misdiagnosed her baby's conditions. They assumed the baby was only spitting up when he really suffered from malrotation...
Attorney Steven Levin Settles Medical Malpractice Case in Chicago
Posted on April 22, 2009Chicago medical malpractice lawyer Steven Levin recently settled a case for $1 million on behalf of a Chicago boy who suffered brain damage and hearing loss when a doctor failed to diagnose his meningitis. The boy, now 10 years old, was only 8 months old when the injury occurred...
Critical Care Delayed at Hospital
Posted on April 21, 2009A man was awarded $25 million dollars in a medical malpractice suit against a hospital after the hospital allegedly delayed critical care after brain surgery. When the man complained to the hospital?s doctor that he suffered from frequent headaches, he was given a CT scan...
Doctor Sleeps with Patient and Pays Big
Posted on April 20, 2009A doctor accused of sleeping with his patient must pay $416,500 in damages according to a recent jury ruling. The woman filed a medical malpractice suit against the doctor for allegedly violating his duty of care ?by engaging in the sexual relationship while treating her for depression,? according to the article...
Case Law Update: Summary Judgment in Medical Malpractice
Posted on April 20, 2009Forsberg v. Edward Hospital and Services, No. 2-08-0243 (4-8-09) affirmed that although a Section 2-622 report is not automatically excluded from use by plaintiff to rebut defendant's motion for summary judgment in medical malpractice action, the 2-622 report attached to the plaintiff's complaint does not satisfy the requirements of SCR 191, since the report relies on records that are not attached...
Transplant Program Settles Five Malpractices Cases for $1M
Posted on April 18, 2009Kaiser Permanente?s kidney transplant program recently settled five medical malpractice cases for a total of $1 million. The program is no longer in operation. A medical malpractice lawyer who handled the case says that the state?s medical malpractice laws are to blame for the small settlement...
Medical Malpractice Lawsuit Alleges Doctor Removed Wrong Ovary
Posted on April 17, 2009A 45-year-old woman has filed a medical malpractice complaint against a gynecologist who allegedly removed the wrong ovary during surgery. The complaint also alleges that the doctor then tried to cover-up this surgical error. According to reports, the doctor diagnosed the victim with a mass on her right ovary and recommended surgery to remove the entire ovary to prevent future cancer...
So Far No Detection of Tuberculosis at Hospitals
Posted on April 16, 2009A pediatric resident has scared three different Chicago hospitals after being diagnosed with tuberculosis. Thus far, there have been no detections of the tuberculosis spreading. The Chicago Department of Public Health claims this is a good sign that the bacterial disease had not spread...
Jury Awards $10.6 in Medical Malpractice Lawsuit
Posted on April 16, 2009In 2005, a woman went into surgery to relieve pain in her right arm. During the cervical discectomy procedure, the surgeon negligently hit the victim?s spinal cord with a bone plug, causing her to lose all feeling and movement from her chest down. This surgical error left her permanently disabled and altered her life forever...
Hospital?s Negligence Leads to Settlement
Posted on April 15, 2009A woman filed a hospital negligence suit when a medical mistake led her to seek an abortion. The woman claims, while working as a nurse at the hospital, the medical staff failed to inform her she was pregnant after taking a test before she had a heart procedure...
Man Allegedly Injured At Medical Center
Posted on April 14, 2009A man was allegedly injured when he was being transferred from his wheelchair to a dialysis machine by a Hoyer Lift apparatus. The man suffered a fractured hip, bruises, other injuries, and died several months later. His widow brought a claim against the medical center for medical negligence...
Woman Suffers Mechanical Skin Sheer Injury
Posted on April 12, 2009A woman filed a medical malpractice complaint against her hospital after she claims to have suffered a mechanical skin sheer injury when a nurse negligently pulled a bed sheet that had adhered to her buttocks from under her. The woman had undergone a successful back surgery, but according to the patient had failed to reposition her every two hours to prevent the injury...
Pediatrics Resident Diagnosed with Tuberculosis After Working with Hundreds of Young Patients
Posted on April 12, 2009Recently, a pediatrics resident at Northwestern Hospital in Chicago was diagnosed with tuberculosis, an infectious disease of the lungs that can often to lead to death. Since last fall, the resident has worked at three hospitals in the Chicago area and has come into contact with hundreds of co-workers and young patients...
Soldier Awarded $1.6 Million in Medical Malpractice Damages
Posted on April 10, 2009A jury found two doctors negligent when they performed an almost fatal abdominal surgery on a United States soldier. The jury awarded the soldier and his wife $1.6 million for the medical malpractice suit. They also awarded the hospital that repaired the doctors? mistake enough to cover the medical expenses provided...
Nurse Allegedly Infected Patients with Hepatitis C
Posted on April 09, 2009A previous army nurse, who at the time was currently working as a civilian, at an Army hospital allegedly infected at least 15 patients with hepatitis C. The allegedly negligent nurse poured medication into an infected container he brought from home for patients...
Negligent Circumcision Awards Mother $2.3 Million
Posted on April 08, 2009A negligent obstetrician severed off 30-40% of a baby boy?s penis when conducting a circumcision. The baby?s pediatrician was also named negligent in the medical malpractice suit because she had failed to examine the boy after the injury in which the severed piece could have been reattached...
Indiana Surgeon Flees
Posted on April 07, 2009An Indiana surgeon with a practice in Chicago?s suburbs has fled to Greece after being found guilty of medical malpractice by a panel of three physicians. The man was found guilty of medical negligence after misdiagnosing a patient. He diagnosed the patient as requiring sinus surgery when in turn the patient died of throat cancer...
Medical Malpractice Birth Injuries
Posted on April 06, 2009A birth injury is when the direct cause of a baby?s medical complications is directly caused by the delivery procedure. Birth injuries are often the fault of medical malpractice. If during the delivery the procedure involved substandard or less than adequate medical care a person may have a claim for medical malpractice...
Dermatologist Allegedly Fails to Diagnose
Posted on April 04, 2009According to a patient of Gregory and Musick Dermatology, a doctor failed to diagnose her basal cell carcinoma. After visiting the doctor on two different occasions, carcinoma on her left facial cheek was detected. The woman claims the failed diagnosis has caused her additional surgery and has suffered disfigurement and disability...
Lack of Treatment Gets Doctors in Trouble
Posted on April 03, 2009A man?s death brings a lawsuit against a hospital and doctor for lack of treatment. The deceased?s family alleges that when he was admitted to the emergency room at the hospital for a fever the doctor failed to diagnose the man for an ulcer that developed...
Orthopedic Surgeon Found Negligent
Posted on April 02, 2009An orthopedic surgeon was found medically negligent performing a total knee replacement. The knee replacement resulted in seven more surgeries in a period of only two and a half years. The patient still suffers from a chronic pain syndrome and was unable to return to his job...
Woman Claims Unwanted Facelift and Liposuction
Posted on April 01, 2009A state medical board filed accusations of gross negligence and incompetence against two surgeons for surgical error. A patient claims one of the surgeons performed unwanted medical procedures of a facelift and liposuction on her when she only agreed to a tummy tuck...
U of C Medical Center Allegedly Violated Federal Law
Posted on March 31, 2009According to federal officials, The University of Chicago Medical Center has violated the federal law of Emergency Medical Treatment and Active Labor Act by not following emergency room procedure. The Chicago hospital failed to provide a medical screening to a 78 year old man who died last month in their emergency room...
Bill Hopes to Hold Military Medical Personnel Accountable
Posted on March 29, 2009A military officer?s skin cancer was overlooked and later misdiagnosed as a wart by two different military doctors. When seeking out a third opinion after his tour was over, he learned he had stage three skin cancer and died 18 months later. The medical misdiagnosis led to legislation introduced in the House...
Misdiagnosis Leads to Big Jury Award
Posted on March 28, 2009A doctor at Scott Air Force Base in Illinois misdiagnosed an Air Force officer?s ex-wife?s rash on her arm. He told the woman to go home and take over-the-counter medication for her rash. The condition was not a rash but a flesh eating bacteria. The medical misdiagnosis caused the woman to lose the use of her arm...
Pharmacists Given Equal Medical Malpractice Protection
Posted on March 27, 2009Pharmacists are given equal notoriety under a state medical malpractice reform bill. A massive medical malpractice reform was passed a few years back in this state with pharmacists overlooked. The bill also includes a felony for practicing medicine without a license...
Case Law Update: Reports in Medical Malpractice
Posted on March 27, 2009Crull v. Sriratana, M.D., No. 4-06-0952 (3/23/09) affirmed a previous opinion which found that the trial court did not err when it dismissed plaintiff's medical malpractice complaint with prejudice after trial court learned that plaintiff's attorney relied on report of medical consultant whose license of practice medicine had been suspended for felony narcotics conviction when he signed affidavit to extend time for filing 2-622 report...
Hospital Admits Possible Lapse in Protocol Surrounding Elderly Man?s Death
Posted on March 27, 2009According to the Crain?s Chicago, the University of Chicago Medical Center is under fire again, this time for the death of an elderly man who passed away on February 3 in the hospital?s emergency room. The article did not give specific details about this possible case of medical malpractice...
A Surgeon Accuses His Attorney for Fleeing the Country
Posted on March 26, 2009A surgeon fled the country pursuant to his attorney?s advice in order to not be easily prosecuted for a medical malpractice case, according to the doctor. The plastic surgeon was claimed to have performed surgery on a man left disfigured who was now filing a medical negligence case against him...
Surgeon Faces Double Digit Complaints
Posted on March 25, 2009Surgeon Paul Christopher Francel is facing 14 complaints that have been filed against him for medical malpractice negligence. In 2006, the surgeon made headlines after he performed surgery on a Russian teen that left him brain dead. The parents of the teen have filed a wrongful death complaint which is just one of the numerous others against the surgeon...
Failure to Inform Patient Alterative Methods Costs Big
Posted on March 24, 2009A man was awarded $1.4 million dollars from a doctor and pain management center after he had a cervical epidural steroid procedure. The jury found the doctor failed to inform the patient of ?appropriate alternative medical treatments available to him...
Case Law Update: Doctrine of Revestment in Medical Malpractice
Posted on March 22, 2009Wierzbicki v. Gleason, No. 1-06-3756 (3-6-09) is a sixth court decision that found that the trial court lacked jurisdiction to enter order reversing previous order allowing plaintiff to reinstate her medical malpractice action, which had been dismissed for want of prosecution, while the reinstatement order was on appeal...
Health Care Reform May Involve Malpractice Reform
Posted on March 22, 2009With health care reform being a major topic in the new Obama administration, advisors are realizing this reform may include medical malpractice reform as well. Senator Ron Wyden thinks capping medical malpractice claims is key to reforming health care...
Family Sues Over Son?s Misdiagnosis and Negligence
Posted on March 20, 2009A hospital?s misdiagnosis a boy?s cancer led to his death according to his family?s complaint filed against the hospital. The hospital originally diagnosed the son with bacterial meningitis and released him. The condition later was determined to be an aggressive form of anaplastic central nervous system T-cell lymphoma cancer that killed the boy...
Huge Award for Neurosurgeon Malpractice
Posted on March 20, 2009A jury has awarded a woman $38.3 million in a medical malpractice claim against a neurosurgeon and medication management company. She suffered severe injuries and chronic pain when the neurosurgeon injected her with a medication called Methylene Blue found in the medication management company?s medicine cabinet...
Man Files Medical Malpractice Lawsuit against Heart Surgeon and Hospital
Posted on March 18, 2009On March 16, a man filed a medical malpractice, naming a heart surgeon, hospital and six hospital employees as defendants. The negligence lawsuit alleges that after performing heart surgery on the plaintiff, the doctor failed to completely sew the incision shut on his chest...
Lawmakers May Focus on Medical Malpractice Changes That Would Be Harmful to Plaintiffs
Posted on March 17, 2009Key players from Congress and the Obama Administration are once again bringing medical malpractice reform to the table. An AP article discusses that these changes could benefit doctors and hospitals but they would also harm a plaintiff?s ability to seek just compensation when they are involved in a medical malpractice case...
Man Wins $5.8 Million in Medical Negligence Case
Posted on March 16, 2009A jury ordered a hospital to pay $5.8 million in a medical malpractice case to an anesthesiologist who suffered serious infection after having back surgery. The doctor was a staff member of the hospital where the surgery took place. The medical malpractice lawsuit claimed that his surgeons used instruments that were not properly sterilized and the surgery site became infected as a result of this negligence...
Fewer People Getting Plastic Surgery During Recession
Posted on March 16, 2009A new study by the American Society for Aesthetic Plastic Surgery (ASAPS) has found that the number of plastic surgery procedures is down by 12% since 2007. Many attribute this drop to the recession and people choosing not to have the often voluntary procedures to save money and take less time off of work...
$2.5 Million Jury Verdict in Malpractice Case
Posted on March 13, 2009A jury awarded a woman $2.5 million in a medical malpractice case in which a surgeon left a sponge inside of her body during a hysterectomy. The woman was unaware of this surgical error until three years later when she began to have health problems. After discovering the sponge, doctors performed surgery to remove it...
Doctor Negligent in Pharmacist?s Death
Posted on March 12, 2009A jury found a negligent doctor caused the death of a pharmacist. The pharmacist visited the doctor four days before his death because he was experiencing chest pain, jaw pain, and anxiety. Instead of concluding the man was having a heart attack, the doctor delayed diagnosis by taking a electrocardiogram...
Patients Overcharged by Chicago Hospital Group
Posted on March 10, 2009Advocate Health Group, the largest medical care provider in the Chicago area, allegedly ?overcharged uninsured patients for services provided.? The Chicago hospital group settled about $3.8 million with the class action alleging the claims against the health group for the overpaid money...
Cap on Medical Malpractice Awards
Posted on March 09, 2009A state legislature has been pushing a bill that will place caps on how much a plaintiff will be awarded in a medical malpractice suit. The bill is supported by those that think the caps will keep doctors from leaving their state. The caps would be placed on ?non-economic damages? including compensation for loss of companionship and emotional distress...
Jury Awards Big in Medical Malpractice Case
Posted on March 08, 2009A man won $17.5 million in a medical malpractice suit against a doctor who failed to treat him correctly after contracting Methicillin-resistant Staphylococcus aureus. Due to the doctor?s error, the man lost both his arms and legs from the MRSA infection...
Man Receives $17.5 Million In Medical Malpractice Case
Posted on March 08, 2009A man won $17.5 million in a medical malpractice suit against a doctor who failed to treat him correctly after contracting MRSA. The plaintiff contracted the hospital borne infection after having ulcer surgery. Due to the doctor?s failure to treat his infection with proper antibiotics, the man lost both his arms and legs from the MRSA infection...
Hospital Settles over Heart Surgery Error
Posted on March 06, 2009A hospital settled $260,000 with a patient whose surgeon used the wrong angiogram films in performing her triple bypass surgery. The doctor did not realize he had made the medical error until he was closing the patient up. Afterwards he disclosed the surgical error to the patient and her husband but said she should not have any adverse effects since her arteries were almost identical to the arteries in the angiogram he initially used...
Limit Malpractice, Not Damages
Posted on February 28, 2009According to Robert Oshel, former associate director of the Division of Practitioner Data Banks at the U.S. Department of Health and Human Services, doctors need to worry more about limiting malpractice claims and not damage awards in order to prevent medical malpractice insurance premiums from rising...
Caution Needed for Children and Medication Error
Posted on February 27, 2009Over-the-counter and prescription errors account for some of the most medical emergencies. The article gives tips on how to avoid prescription and over-the-counter errors with your children. Read labels carefully and if you need help call the Regional Poison Control Center in your area...
Hospital Hanging Lawsuit
Posted on February 26, 2009A wrongful death lawsuit was filed on behalf of a man who was found hanging in his hospital room two years ago. The lawsuit claims the negligent medical staff could have prevented the man?s suicide. The man was known to suffer from depression, mental illness, and posed a danger to himself...
Allegations of Death from Oral Surgery
Posted on February 26, 2009A medical malpractice suit was filed on behalf of a man who died after having his wisdom teeth removed. According to the article, the plaintiffs claim both the dentist and the oral surgeon knew the young man suffered from an immune deficiency disease ?that caused parts of his body to swell after trauma...
VAs and Possible Contaminant Exposures
Posted on February 25, 2009A Veteran?s Administration clinic has warned patients they may be susceptible to a possible contaminant exposure if they were given colonoscopies in the previous years. This has sparked VA clinics nationwide to review their own procedures. The patients may have been exposed to ?infectious bodily fluids? from other patients that have also received colonoscopies...
Wrongful Death Complaint Filed for Young Boy
Posted on February 24, 2009After an intensive surgery, a boy was left brain dead which led to a wrongful death complaint against the surgeon. The Board of Medical Licensure and Supervision is also providing its own independent investigation of the surgeon but will not explain for what reason...
Lawyer Wins Big for Wronged Patient
Posted on February 22, 2009A lawyer won $7.5 million for her client whose doctor ?failed to correctly diagnose and treat a hospital infection that led to gangrene in both his arms and legs.? The patient originally went to the hospital for ulcer treatment but then had to have his limbs amputated from his doctor?s negligence...
Doctor Charged with Fraud and Endangerment
Posted on February 21, 2009Indictments for fraud and reckless endangerment come two years after a doctor was allegedly found writing ?excessive and/or medically unnecessary prescriptions?. According to the article, those prescriptions could have placed the patients in ?imminent danger of death or target="_blank"serious bodily injury...
Call for Technological Advancements in Health Reform
Posted on February 20, 2009Old practices such as handwritten medical records transferred between hospitals will not support the health reform America needs today. Medical errors result ?in thousands of unnecessary deaths and excess costs.? The authors feel medical malpractice would be reduced if doctors and hospitals updated their patient data exchange with each other...
Case Law Update: Detection in Medical Malpractice
Posted on February 20, 2009Bosco v. Janowitz, No. 1-07-0617 (2-10-09), is an Illinois First District decision which affirmed that in the medical malpractice trial of defendant, physicians, for failure to set up and follow proper cancer detection and prevention plan after plaintiff's decedent was diagnosed with ulcerated colitis, evidence presented by defense that defendants did not breach standard of care at time of alleged malpractice is sufficient to withstand motion for judgment nov after jury verdict in favor of defendants...
Case Law Update: Wrongful Death in Medical Malpractice
Posted on February 20, 2009Siwa v. Koch, No. 1-06-3552 (2-10-09), affirmed a decision which stated that the defendant, a radiologist, is entitled to summary judgment dismissing plaintiff's cause of action for wrongful death after plaintiff's decedent volunteered to participate in a test of new CT equipment and software at the hospital where he was employed and defendant, after accidentally coming across scan, repeatedly warned plaintiff's decedent to see a cardiologist immediately, and plaintiff's decedent suffered a fatal heart attack while playing basketball...
Doctor Gives Up License
Posted on February 17, 2009A doctor accused of molesting female patients during medical procedures was told to suspend practice and turn in his license, according to the news article. The cosmetic surgeon was charged with sexual battery by fraud, sexual battery, and rape by a foreign object...
Ultraviolet Light Treatment Severely Burned Patient
Posted on February 16, 2009A patient was being treated for the skin disease psoriasis when he suffered first and second degree burns from allegedly his doctor?s mistreatment. A medical panel conducted in October found the doctor took appropriate care when treating the patient, but the patient is now suing the doctor...
Case Law Update: Warnings on Anti-Depressants
Posted on February 16, 2009Giles v. Wyeth, Inc., No. 07-3149 (2/12/09) found that in a wrongful death action against defendant-manufacturer of anti-depressant drug Effexor in which jury found in favor of defendant, Dist. Ct. did not abuse its discretion in excluding warnings with respect to risk of suicide in younger persons that accompanied Effexor following plaintiff-decedent's death by suicide two days after taking said drug...
Case Law Update: Wrongful Death in Medical Malpractice
Posted on February 16, 2009Walton v. Dirkes, No. 1-08-0461 (1-27-09) decided that the trial court erred when it entered judgment nov after jury returned verdict in wrongful death complaint for medical malpractice. Plaintiff presented sufficient evidence of proximate cause through experts' testimony that defendant's failure to order CBC resulted in missed opportunity to diagnose and treat plaintiff's decedent's leukemia...
Misdiagnosis of Cancer Led to Death
Posted on February 15, 2009A jury found a doctor?s misdiagnosis of cancer led to the death of a young woman. If not for the delay in treatment, the woman?s survival chances were strong. The 24-year old woman had rectal and colon cancer that went undiagnosed for seven months by her doctor...
Allegations against Mayo Clinic
Posted on February 14, 2009An Illinois man died weeks after having brain surgery five years ago at Mayo Clinic. His widow filed a medical malpractice suit against both Mayo and the neurosurgeon who performed the surgery. The widow?s attorney claims they will be aiming for over 4...
Medical Malpractice Bill Controversy
Posted on February 13, 2009Doctors are asking for a bill that would lower their medical malpractice insurance in Hawaii in order to provide incentives for physicians to stay within the state. This would hurt patients seeking damages under medical malpractice claims because the bill would ?limit compensation for non-economic damages like pain and suffering...
Get to Know a VA Hospital: Part 2
Posted on February 13, 2009Edward Hines, Jr. VA Hospital is located on a 140 plus acre campus a dozen miles west of Chicago?s downtown. ?Hines? is not only houses 483 beds but also acts a major Veterans Health Administration hub for pathology, radiology, and radiation therapy...
Get To Know an Illinois VA Hospital: Part 1
Posted on February 12, 2009Jesse Brown Medical Center is located in the heart of the Illinois Medical District in downtown Chicago. Jesse Brown serves as the major veteran medical provider of Cook County serving an estimated 58,000 veterans and employing over 1700 Chicagoans. Medical malpractice at Jesse Brown is actionable through the Federal Tort Claims Act and those injured as a result of Jesse Brown medical negligence should contact Levin & Perconti...
Failure to Diagnose May Have Led to Soldiers? Suicides
Posted on February 11, 2009After reviewing 5 cases of soldier suicides, an article discusses similarities found amongst the men. The article determines there was ?a failure to diagnose or properly treat combat veterans with post-traumatic stress disorder or brain injuries, despite clear symptoms? and overmedication resulting from these stresses and injuries that may have contributed to the death of these soliders...
Over 30 Doctors Disciplined
Posted on February 10, 2009A state medical board listed 33 doctors being disciplined for various problems. Some of the allegations included medical malpractice, failure to review an x-ray, failure to diagnose patients, failure to meet the standard of care for surgery patients to name a few...
Abortion Doctor?s License Revoked
Posted on February 09, 2009Dr. Pierre Jean-Jacque Renelique was found guilty by the Board of Medicine for medical malpractice after delivering a live baby in a ?botched abortion case.? The teenage patient waited hours for the doctor to arrive after she was given drugs to dilate her cervix...
Insulin Error at Army Medical Hospital
Posted on February 08, 2009Over 2,000 diabetes patients may be at risk for a blood-borne illness due to an improper medical procedure. The reusable insulin pen system was implemented to allow patients to use the same pen over multiple times to inject insulin, but instead the pens were used multiple times on different patients...
Suburban Chicago Family Hires Levin & Perconti
Posted on February 07, 2009A family hires Levin & Perconti to represent them in a medical malpractice lawsuit against a suburban Chicago hospital for improper treatment and early discharge. After the woman tried to commit suicide, she stayed at the hospital for seven days. Instead of keeping the woman under psychiatric supervision, they discharged her...
Girl Suffers Facial Burns during Surgery
Posted on February 06, 2009An 11-year old girl files a medical malpractice Chicago suburban hospital for facial burns she received during surgery. Allegedly, the medical team was medically negligent and failed to follow safety guidelines during the operation. Supplemental oxygen on the child?s face ignited during the performance of the surgery...
Jury Returns $2.5 Million Malpractice Verdict
Posted on January 30, 2009A district county returned a $2.5 million verdict for wrongful death of a 27 year-old patient. The jury returned the verdict in a medical malpractice lawsuit involving a missed cancer diagnosis of a 24-yearo-old female patient. The patient continued to go to her doctor complaining of blood in her stools and pain...
Nurse?s Mistake Results in Medical Error
Posted on January 29, 2009A doctor considered to be an expert in pigmented lesions removes the wrong lesion on a woman who dies two years later. The surgical error resulted from a nurse who mislabeled the skin condition which led the doctor to remove the wrong lesion and neglect the one with melanoma...
Dentist Faces Malpractice Allegations
Posted on January 29, 2009After allegations of dental malpractice, a dentist faces the state board license review. If proven, the dentist faces license suspension or revocation. One of the complaints against the dentist is poor craftsmanship when filling cavities. For the full story, click here...
Jury awards $2 million to family of woman killed after delivery
Posted on January 27, 2009A jury recently awarded $2 million in a medical malpractice lawsuit to the family of a woman who died after being given medication following the delivery of her baby. The jury determined that the doctor was negligent in giving medication to the new mother...
AAJ?s Litigating Medical Negligence Seminar ? This Weekend
Posted on January 26, 2009American Association for Justice is hosting a seminar on medical malpractice lawsuits this weekend in Phoenix, Arizona. The seminar will provide an in-depth understanding of medical negligence issues and trial strategies. For more information.
Congressional bill aims to better regulate doctor-owned hospitals
Posted on January 25, 2009Doctor-owned hospitals have been criticized for driving up costs in ordering more tests or performing unnecessary surgeries. The proposed legislation will prohibit unethical kickbacks that physicians receive from ownership hospitals. One representative stated that most doctor-owned hospitals are of questionable safety and quality...
Woman Becomes a Quadriplegic After Horrific Hospital Stay
Posted on January 25, 2009A mom lost her limbs during a horrific hospital stay is making great progress in using her artificial legs. The woman lost all four limbs and much of her eyesight to medical malpractice at a hospital. She was sent home from the emergency room with only painkillers for a kidney stone...
Justice Department Report Alleges Serious Mistreatment at State Veterans Home
Posted on January 24, 2009A report released by the United States Justice Department alleges the care received at an Alabama veterans home has "contributed to the untimely deaths of ... residents as well as led to other preventable illnesses, injuries, and harm." Veterans injured while receiving care through the Department of Veterans Affairs may bring what is known as a Federal Tort Claims Act lawsuit against the government for negligent care and medical malpractice committed by a VA facility...
Couple Amends Malpractice Suit
Posted on January 24, 2009A woman, along with her husband, is suing her doctor for surgical error. After the doctor performed neck surgery on the woman, she lost all use in her legs and has limited use of her arms. The couple added the hospital to their lawsuit for negligent credentialing when they did not report the high complication rate for the doctor?s prior surgeries...
Ortho Evra Patch Creates Problems in Woman
Posted on January 23, 2009A young woman who decided to wear the Ortho Evra patch to control her migraines ended up in the emergency room with a 8 inch cerebral venous thrombosis. This thrombosis was in the crown of her head and went all the way down and wrapped around the right side of the jugular vein...
Department of Veterans Affairs Settles Medical Malpractice Suit Stemming From Veteran?s Suicide
Posted on January 22, 2009The Department of Veterans Affairs recently settled a Federal Tort Claims Act suit involving a returning Iraqi War Veteran with Post Traumatic Stress Disorder who was allegedly refused treatment. The family of the deceased veteran alleges that the VA hospital?s refusal to treat their son after a suicide attempt led to the veteran?s wrongful death via suicide...
Woman Settles Medical Malpractice Suit with Illinois VA Hospital
Posted on January 20, 2009The widow of man who died shortly after undergoing gallbladder surgery at an Illinois VA Hospital has settled her lawsuit against the U.S. Government. A statement released by the widow?s attorney alleges a mixture of medical negligence and a failure to adequately perform a background check as the factors which caused the veteran?s death...
What did my doctor just say?
Posted on January 19, 2009Medical professionals have a tendency to speak in abbreviations. In such a busy, hectic setting such as an emergency room or a doctor?s office, abbreviations shorten time. However, some patients do not follow and are left in the dust. Here is a website where you can enter the abbreviation and then the search engine provides the definition...
Hospital Left Catheter in Heart
Posted on January 19, 2009A medical malpractice lawsuit claims that doctors at a hospital left a five-inch catheter inside a man?s heart, causing an infection that complicated his fight against cancer, then tried to cover up the mistake. The man says that the hospital should have known that a catheter being used to treat his non-Hodgkin?s lymphoma had broken off from a port in his chest after he began treatment...
Case Law Update: Insurance Payouts in Medical Malpractice
Posted on January 18, 2009Stevens v. County Mutual Insurance Company, No. 4-08-0216 (12-31-08) decided that an attorney, who collected limits of liability from liability insurer of driver of vehicle involved in collision with his client, is entitled to attorney's fees from his client's insurer pursuant to common fund doctrine for the collection of the medical payments it made on behalf of its insured; because insurer did not intend to file its own action, authorized settlement with other driver, and benefitted from attorney's efforts...
Case Law Update: Settlement in Medical Malpractice Cases
Posted on January 17, 2009Gillespie v. University of Chicago Hospitals, No1-07-1962 (12-31-08) ruled that the trial court did not err when it granted directed verdict in favor of non settling physician for wrongful death and survival because there was no physician patient relationship between plaintiff's decedent and internist, whom emergency room physicians listed as plaintiff's decedent's treating doctor, after she was discharged from the emergency room when defendant, physician, never saw her; and her report of EKG results was not used in plaintiff's diagnosis...
Congressmen Act to Prevent Veterans? Injuries Resulting from VA Medical Malpractice
Posted on January 16, 2009Two United States Congressmen have recently re-introduced legislation aimed at hedging against VA medical malpractice. Amongst the call for more stringent background checks of doctors and staff, the bill requires applying physicians to disclose all prior medical malpractice allegations...
Chicago hospital settlement could help uninsured patients
Posted on January 15, 2009In a move with far reaching effects on people without health insurance, two Illinois hospital systems have agreed to settle lawsuits alleging that they overcharged thousands of uninsured patients and provided inadequate financial assistance. For the full article...
Kugel Mesh Patients Experience Life-Threatening Conditions
Posted on January 15, 2009If a person had the Kugel Mesh patch implanted during their hernia surgery, there is a chance that their cure is worse than the disease. Some patients have experienced problems with their Kugel Mesh hernia patch that have caused serious, life-threatening conditions...
Hospital Scrubs Cause Infections
Posted on January 14, 2009An infection called ?C. diff? has been plaguing hospitals nationwide and some people are blaming the scrubs that the hospital staff wear. A national hospital survey has warned that C. diff infections are sickening half a million people a year. Some hospitals have gone as far as to prohibit scrubs outside the building...
FDA Aims to Reduce Foreign Drug Manufacturer Errors
Posted on January 14, 2009After the heparin contamination last year, the FDA is now forming a pilot program to study 100 applicants in their hopes to promote safety in foreign pharmaceutical ingredients. The heparin contamination was produced by foreign companies where numerous deaths were the result of adverse drug reactions to the substance...
Women More Likely to Experience Delayed Diagnosis in Heart Conditions than Men
Posted on January 14, 2009According to a report, women were 52 percent more likely to experience delayed diagnosis during emergency medical services than men. The emergency medical services? delay came while transporting the patient to the hospital. No apparent evidence to why this delay was given...
Beware: risk of medical malpractice when rural ERs not staffed by doctors
Posted on January 14, 2009Occasionally, medical malpractice lawsuits are filed after medical residents or other midlevel practitioners take the place of busy doctors and make medical mistakes. Many rural emergency rooms, however, are not staffed by doctors but by ?midlevels? like physician assistants and nurse practitioners...
Malpractice Reform
Posted on January 13, 2009A 2005 medical reform law is facing major controversy between its supporters (doctors, hospitals, and members of the insurance industry) and those lawmakers calling the reform a failure. The law requires a three-member screening panel before a medical malpractice issue can be taken to trial...
House Calls Save Money
Posted on January 13, 2009One doctor believes if patients are treated at home it will reduce the cost of Medicare and medical outcomes will improve. The article provides a solution for healthcare reform. The doctor noticed through his years working with the elderly that his patients were aware of hospital dangers...
Missed or delayed diagnosis of acute appendicities common medical mistake
Posted on January 13, 2009The failure to diagnose acute appendicitis is one of the most common medical mistakes leading to medical malpractice lawsuits. As many as 30% of patients with acute appendicitis were initially misdiagnosed by a physician at a pervious medical examination...
Case Law Update: Jury Instructions in Medical Malpractice
Posted on January 13, 2009Studt v. Sherman Health Systems, No. 2-07-0945 (12/23/04) affirmed a decision for a Medical malpractice verdict in favor of plaintiffs for failure to properly diagnose and treat wife's appendicitis is not subject to reversal based on defendant, emergency room physician's, challenge to "reasonably careful physician" and other language in IPI Civil (2006) 105...
Lab recalls erroneous test results, possibly largest test recall in 20 years
Posted on January 12, 2009Quest Diagnostics, the largest medical laboratory company in the U.S., has acknowledged that it has provided possibly erroneous lab results to thousands of people, prompting what some consider to be the largest patient test recall in the last 20 years...
Medical Malpractice Trial Concludes
Posted on January 12, 2009The medical malpractice trial which involved the death of a high school student while under the care of an orthopedic surgeon. The trial presented uncontested facts that the girl underwent arthroscopic knee surgery in early April of 2004. Near the end of that month the girl?s physical therapist noted that the girl had swelling in one calf and the complaint of pain, yet the orthopedic surgeon did not note a swelling in the calf and did not order any special tests to rule out such possibilities as a blood clot...
Study shows Alzheimer?s Drugs May Raise Risk of Death
Posted on January 11, 2009A study suggests that anti-sychotic drugs commonly used to treat Alzheimer?s disease may double a patient?s chance of dying within a few years. The paper?s lead other suggests that for the vast majority of Alzheimer?s patients, taking the drugs may not be a worthwhile risk...
Medical Malpractice Case Heads to state?s Supreme Court
Posted on January 10, 2009A state?s Supreme Court will hear arguments in a civil case in which four physicians were cleared by a jury of medical malpractice in the misdiagnosis of a child with Rocky Mountain spotted fever. The decision could have a lasting effect on medical malpractice lawsuits and whether defendants can be excused for not foreseeing the impacts of their acts...
Suit Alleges that Doctor Refused Patient?s Request
Posted on January 09, 2009A woman is filing suit against a doctor and Rush University Medical Center in Chicago alleging that the obstetrician who delivered her baby was verbally abusive and deliberately tried to hurt her. The suit claims that the doctor stated that the mother ?deserved to feel pain because she had not called before coming in and that ?sometimes pain is the best teacher...
How to Reduce Child?s Risk of Injury
Posted on January 08, 2009775,000 children are injured each year from sports-related injuries. Two forms of injuries children may suffer are either acute or chronic. Acute injuries could include more serious brain injuries such as concussions, skull fractures, brain hemorrhages, and spinal cord injuries...
UM will Study Veterans? Brain Injuries
Posted on January 08, 2009The University of Michigan received a grant from Chicago?s McCormick Foundation which will be used to study Iraq and Afghanistan veterans? brain injuries. The grant will study post traumatic stress disorder, sleep disorders, depression, and other adverse effects from the war...
Pentagon Will Not Award Purple Heart to PTSD Victims
Posted on January 08, 2009The Pentagon has ruled it will not award the Purple Heart to post traumatic stress disorder victims because it is not a physical wound. PTSD can create severe adverse effects in its victims including recurring nightmares, uncontrolled rage, and severe depression...
Emily?s Law Signed by Governor
Posted on January 08, 2009Two year old Emily Jerry died from a pharmacy medication error. She was given a fatal dosage of chemotherapy. Prior to her death, the little girl suffered a coma from the large overdose of medication. Emily?s Law was created to regulate pharmacy technicians like the one who overdosed Emily...
60,000 Patients Risked Hepatitis Infections
Posted on January 08, 2009Heath care professionals failure to follow basic infection practices placed more than 60,000 American patients at risk for hepatitis B and C. A study concluded that health care personnel in settings outside hospitals failed to follow basic infection control practices...
Head-Banging May Cause Severe Brain Injury
Posted on January 07, 2009The head-banging dance has been rumored to cause brain injury, whiplash, and stroke. A study was performed that showed head-banging can cause brain trauma if one is not careful while dancing. This study found the dance will at least cause mild head and neck injury...
Teen Suffers Severe Brain Trauma Helping Friend
Posted on January 07, 2009A teen tried to break up a fight his friend was in when he was kicked in the head and hit the sidewalk. He suffered severe brain trauma. The young man had intensive brain surgery and placed in a medically induced coma. It took three weeks before the man could be brought out of the coma...
Parents Warned About Flu and Cold Medicine
Posted on January 07, 2009Over the counter cough and cold medicine can have serious side effects on children under the age of six. According to the article, about 7,000 children end up in the emergency room each year due to adverse side effects from the medicine. Most problems have occurred from dosing errors...
Cancer Treatment Errors Found at Various Clinics
Posted on January 07, 2009Recent reviews have found there are an abundance of cancer treatment errors found at various clinics throughout the United States, especially in outpatient clinics. In 1,400 patient charts that were examined, a total of 117 errors were found. 15 caused harm to patients while 64 errors had the potential to cause harm, according to the article...
Teen Suffers Brian Injury from Car Accident
Posted on January 06, 2009A teen was ejected from his truck that dove into a 100-foot ravine which caused him severe brain injury. The teen remains unconscious and in critical condition. He suffered from severe brain swelling and had to have part of his skull removed. For the full story, click here...
Jett Travolta Showed No Sign of Brain Injury
Posted on January 06, 2009Actor John Travolta?s son Jett showed no sign of brain injury from an alleged fall from a seizure. The coroner states that the boy?s body was not in poor condition regardless of reports from the media that Jett suffered a head trauma. For the full story, click here...
Finding Ways to Reduce Medical Error
Posted on January 06, 2009Researchers received $3.7 million to find ways to reduce medical error in various hospital and pharmacy departments. Researchers will try to develop safe ways in handling patient test results because receiving results are more difficult in larger hospital institutions...
ADHD Abuse in College
Posted on January 06, 2009Studies show college students? abuse of attention deficit medication is at an all time high. Abuse can create adverse drug reactions such as sleep problems, irritability, headaches, and developing drug dependency. For the full story, click here.
Gene Mutation Effects Should be Listed on Certain Cancer Drug Labels
Posted on January 05, 2009The instructions on the cancer drugs Erbitux and Vecitibix should include specific information on a gene mutation that affects whether the medicines will work. Recent studies found that a mutation in the KRAS gene renders the drugs ineffective in colon cancer patients...
Football Player Highlights Center for Head Trauma
Posted on January 02, 2009This history of notable football players? head traumas has brought a theory that undiagnosed trauma can lead to serious long-term damage. According to the article, the Steelers? concussion management team has ?spent more than 10 years developing the computer-based neurological test? used by football teams across the country to deter serious injuries...
War Veteran Suffers from PTSD
Posted on January 02, 2009The article interviews a medic about his injuries and experience in the army. He suffered from a traumatic brain injury, post traumatic stress disorder, and a stroke. He has what they call ?survivor?s guilt? where he has a fear of crowds, depression, and withdrawal...
Rush Studies Traumatic Brain Injuries
Posted on January 02, 2009Rush University Medical Center is participating in a $4.3 million dollar grant to study the most effective way in treating severe brain injuries. According to the article, ?Rush treats 50 to 75 patients with traumatic brain injuries a year? in the Chicago area...
Medical Examiner Offers Health Tips
Posted on January 02, 2009Medical examiner Jan Garavaglia, M.D., offers tips on how to stay alive in her new book. First, she claims there are ?1.7 million health care induced infections each year? that can be avoided. Second, she remembers her most memorable autopsy of a young boy who was given the wrong medicine due to pharmacy error and specifies ways on avoiding this deadly error...
Earn CLE with AAJ?s Litigating Medical Negligence Cases Seminar
Posted on December 30, 2008American Association for Justice is hosting a seminar from January 30-31, 2009 in Phoenix, AZ. It will cover a full array of medical negligence lawsuits, including catastrophically injured infants. You will get advice from prominent physicians and trial attorneys...
Pro Racer Suffers Severe Brain Injury
Posted on December 29, 2008A pro off-road racer suffers a 24 day coma and severe brain injuries after a motorcycle crash. The youngest pro off-road racer at 16 years of age is battling to come back from the brain injuries and shows signs of healing. For the full story, click here...
Post Traumatic Stress Disorder in the Military
Posted on December 29, 2008The military culture has become an unhealthy environment for soldiers to express their feelings about the men and women lost along the way. Post traumatic stress disorder affects 1 in 5 men and women who serve in Iraq and Afghanistan according to the Pentagon...
Brain Injury Affects the Entire Person
Posted on December 29, 2008Brain injuries brought on by stroke, illnesses, and sudden blows to the head will dramatically change the entire functionality of each person affected. The affects of the injury could be anywhere from a concussion to a coma where those persons will suffer memory loss or personality changes...
?American rule? for courts ensures access to justice
Posted on December 28, 2008Some tort reform advocates are advocating that courts adopt the ?English rule? for medical malpractice lawsuits and other tort lawsuits. The ?American rule,? however, is the only way to ensure equal access to justice in personal injury lawsuits and medical malpractice lawsuits...
Lymphedema Connected to Obesity
Posted on December 26, 2008Doctors found that women who were overweight or obese and underwent breast surgery were more likely to develop lymphedema, a chronic condition of painful swelling in the arm or shoulder area. According to Doctor Jane Armer, diagnosis of lymphedema can be difficult...
Doctors Receive Incentives to Go Paperless
Posted on December 26, 2008Doctors will be given incentives to send prescriptions to pharmacies by fax or email instead of paper beginning in January. Medicare will give the doctor a bonus payment for their compliance. The federal government hopes to reduce health costs for Medicare by eliminating paper records...
Blue Cross Fined for Misconduct
Posted on December 26, 2008Blue Cross was fined $150,000 for improperly disclosing patients? medical information to other insurance companies. According to Blue Cross, the disclosure was a printer error. Abuse of patient information has been noted. According to Judy Dugan who works for Consumer Watchdog, patient information has been held for ransom before...
Avoiding Adverse Side Effects from Mixing Drugs
Posted on December 26, 2008The Chicago Tribune helps educate readers with tips on avoiding adverse side effects from mixing different medications. For the full article, click here.
Medical Malpractice Lawsuit claims Doctor's operation surgical error
Posted on December 26, 2008A woman has sued a physician due to a surgical error that occurred when the woman underwent a breast reduction surgery. The doctor?s mistake was alleged to have resulted in the woman undergoing a surgery where the wrong breast was reduced in size. This can be described as an uncommon cosmetic surgery error...
How to avoid harmful results in drug interactions
Posted on December 25, 2008In order to avoid harmful drug interactions, it is a good idea to keep an updated list of medicines that you are taking in your wallet and next to the phone. Give a copy to a family member or caregiver. Be sure to describe your medications at your medical appointments...
Military Medical Malpractice Laws Questioned
Posted on December 22, 2008The death of an Iraq war veteran whose skin cancer was misdiagnosed by military doctors has raised questions about a long-standing Supreme Court rule that bars soldiers from suing the federal government for medical malpractice. A Marine Sergeant died after doctors mistakenly treated his deadly melanoma as a wart...
Hospital pays Dennis Quaid $750,000 for Medical Malpractice
Posted on December 22, 2008Dennis Quaid, the Hollywood actor, agreed to a $750,000 medical malpractice settlement with a hospital after their twins were given a lethal dose of Heparin. The hospital gave the babies a 10,000-milliliter unit dose of Heparin, a blood thinner, made by the Baxter Healthcare Corp...
Wrongful death lawsuit filed against jail
Posted on December 20, 2008A family of an inmate who died after officials ignored his plea that he needed medical help has filed a wrongful death lawsuit against the city and jail. When the inmate collapsed, a nurse requested a deputy to administer CPR and the deputy was negligent in laughing and walking away...
AAJ medical malpractice lawsuit seminar ? January 30-31, 2009
Posted on December 19, 2008The American Association for Justice (AAJ) will host a medical negligence lawsuit seminar from January 30-31, 2009 in Phoenix, AZ. The seminar will cover a wide variety of medical malpractice lawsuits, including birth injury lawsuits. To sign up and for more information, click here...
First American facial transplant recipient recovering
Posted on December 17, 2008The first person in the U.S. to receive a facial transplant is now recovering. The patient, a burn injury victim, has expressed high satisfaction with procedure, according to the plastic surgeon. She is expected to spend weeks in the hospital. Ethical issues arise with the facial transplant procedure...
Nation gets D- for ER care
Posted on December 14, 2008An annual report issued by the American College of Emergency Physicians gave the nation a D- grade for access to emergency care. The report stated that ER care is fraught with significant challenges and under more stress than ever before. A shortage of doctors and nurses with an increased demand for urgency care creates disaster and threats of medical malpractice...
Legislator aiming to raise burden of proof for medical malpractice lawsuits
Posted on December 14, 2008One representative is renewing another attempt at tort reform in introducing legislation with the goal of making it harder for medical malpractice plaintiffs to successfully sue bad doctors. The Arizona legislator is attempting to raise the burden of proof for claims of medical malpractice...
Herbal supplements could be harmful to kids
Posted on December 13, 2008Kids are taking herbal supplements in a sign of how mainstream alternative medicine has become. More than one in nine children and teens try these remedies and other nontraditional options. It could be dangerous for children because lack of rigorous testing could be harmful for kids...
Severe Side Effects from Statin Drugs
Posted on December 12, 2008Doctors prescribe statin drugs to help lower cholesterol, but carry serious side effects such as muscle pain, neurological disorders, rashes and liver problems. In the latest study, eye disorders may also be attributed to this drug. For the full story, click here...
Women should be wary of alternative medicine
Posted on December 12, 2008A recent Newsweek article addressed that 42.8 percent of American women use some sort of complementary or alternative medicine. Women should be wary of these medicines and claims for medical cures. The FDA regulates herbal and dietary supplements as food rather than as drugs, so they do not have to meet the same stringent standards as pharmaceuticals...
Cause of Adverse Reaction to Heparin Identified
Posted on December 11, 2008Heparin manufactured by Baxter, an Illinois based company, contained a contaminant which produced adverse effects such as hypotension, nausea, and shortness of breath. After this detection, APP Pharmaceuticals, also from Illinois, became the major supplier of Heparin in the United States...
Medication Delivery Company Product Recall
Posted on December 11, 2008Hospira, a global medication delivery company, is voluntarily recalling a plastic product used to administer injections. A small number of products may be incorrectly labeled. Adverse effects from error may result in electrolyte imbalance, cardiac dysfunction, gastrointestinal disturbances, paresthesia and mental confusion...
New standards for medical residents? hours need regulations for enforcement
Posted on December 10, 2008A recent New York Times article examined recent programs calling for lightened hours for medical residents. The Times piece says that for the standards to be enforced, they need regulations. The panel proposed that residents or no more than 16 hours straight and that every 30-hour shift needs a five-hour sleep break after 16 hours...
Punitive damages allowed in botched surgery lawsuit
Posted on December 09, 2008Two doctors are being sued for medical malpractice in a rare case allowing a punitive damages claim. The medical malpractice lawsuit claims that one surgeon left him on the table unconscious to be mutilated by the other doctor. Additionally, the medical malpractice lawsuit alleges that other doctors concealed evidence...
State Decides Whether Blood Banks are Immune from Medical Malpractice
Posted on December 08, 2008The parents of a 7-year-old boy who died after he contracted the West Nile virus from a tainted blood transfusion asked a state?s Supreme Court to restore an $8 million jury verdict against a blood bank. The justices have also been asked to decide whether all blood banks are covered by the state?s medical malpractice suits, which include special procedures and limits on damages and attorney fees, rather than general negligence laws...
Case Law Update: Physician?s Breach of Contract
Posted on December 06, 2008Larsen, M.D. v. The Carle Foundation, No. 4-08-0149 (11-21-08) affirmed that in a breach of contract complaint against a hospital for its failure to renew privileges of surgeon, the trial court did not err when it granted judgment at the close of the plaintiff's, case in defendant's favor, pursuant to the provisions of Section 2-1110 of Code of Civil Procedure...
Cook County Agrees to Settle Medical Malpractice Suit for $9.8
Posted on December 04, 2008The family of a 27-year-old mother of nine who died in Stroger Hospital in Chicago, Illinois three years ago will get $9.8 million to settle a medical malpractice suit. The woman died after bleeding during a pregnancy. The Cook County Board authorized the medical malpractice settlement in the case...
Hospital Infections and Medical Malpractice Lawsuits on the Rise
Posted on December 04, 2008Medical malpractice lawsuits are on the rise according to a new study that has looked at the incidence rates of common hospital acquired infections nationwide. The most common hospital infections are related to urinary tract infections, bloodstream infections and infections after surgery...
State Files Medical Malpractice Complaint against Doctor
Posted on December 03, 2008A physician who practices out of an Endoscopy Center has been hit with a medical malpractice complaint by the state?s board of medical examiners. The former gastroenterologist faces four medical malpractice allegations relating to the care he was provided to patients...
Abusive Behavior by Doctors May Lead to Critical Medical Problems
Posted on December 02, 2008Recent studies suggest arrogant, abusive, and disruptive behavior by doctors in the workplace contributes to medical mistakes, preventable complications, and even death. One nurse testifies to a patient that could have suffered serious brain injury or death if she did not call an attending doctor at home due to an unruly on-call resident...
Medical Malpractice Lawsuits Filed as Hospital Infections Spread
Posted on December 02, 2008Claims based on hospital infections are becoming the focus of many medical malpractice suits. Recently a jury awarded $13.5 million in a medical malpractice case to the family of woman who died of an infection caused by flesh-eating bacteria that she contracted during cancer treatment...
17 Babies Receive Overdose at Hospital
Posted on December 01, 2008At least 17 babies were given excessive amounts of blood thinner heparin at a hospital, possibly leading to two deaths. After investigation, the hospital concluded the error occurred in their pharmacy. The hospital contends there were no adverse effects due to the overdose...
Illinois Medical Malpractice Lawsuit Brings Marion VA Medical Center Surgeons under Fire
Posted on December 01, 2008The widow of a man who died following gall bladder surgery at the Marion VA Medical Center has accepted a settlement of almost $1 million. The medical malpractice lawsuit alleged that the hospital was negligent in treating the man and that it failed to perform an adequate background check prior to hiring Dr...
5 ways to avoid germs when traveling
Posted on November 29, 2008In a rare blog post, here we are giving advice on how to avoid germs and avoid hospitals while traveling over the upcoming holiday season. Illnesses and trips to hospitals sometimes follow after flights. For example, in 1994, a woman transmitted tuberculosis to at least six of her fellow passengers...
Jury Awards $4.5 Million Medical Malpractice Settlement to Family
Posted on November 26, 2008The family of a 35-year-old who died after getting a heart pacemaker was awarded a $4.6 million medical malpractice verdict against the three doctors who performed the surgery at the hospital. The jury found that the victim developed lung problems that should have delayed the surgery...
Illinois family receives $16.5 million verdict in medical malpractice lawsuit
Posted on November 25, 2008A Chicago jury recently awarded an Illinois family $16.5 million in a medical malpractice verdict against two subsidiaries of Johnson & Johnson. The wrongful death lawsuit alleged that the companies negligently continued to market a Duragesic patch that the woman used...
Hand surgery and surgical errors ? complications or malpractice?
Posted on November 24, 2008Performing hand surgery is risky because there are so many structures and small, compact areas. In hand surgery, surgeons can commit medical malpractice and victims can experience surgical errors. Individuals are often uncertain whether poor surgical results are the results of complications or medical negligence...
Medical malpractice issues in bariatric surgery
Posted on November 23, 2008The number of bariatric surgery operations have grown to more than 150,000 procedures per year in the U.S. alone. Since these procedures are complex and involve serious risk, the number of medical malpractice incidents are significant. Several issues require analysis...
Cancer misdiagnosis results in $3.6 million verdict
Posted on November 22, 2008The family of a 47 year-old man who died as a result of a misdiagnosed skin cancer that spread to his brain has been awarded $5.8 million by a jury in a medical malpractice lawsuit. A tort reform damages cap however reduces the verdict to $3.6 million...
Case Law Update: Jury Instructions in Medical Malpractice Cases
Posted on November 21, 2008In Matarese v. Buka, No. 1-06-2276 (10-31-08) the fifth division appellate court found that because the 2006 version of IPI 150.01, defining professional standard of care, could cause jury confusion by leading jury to believe that it can disregard expert testimony and substitute its own definition of reasonable care, the trial court properly gave instruction to the jury based on 2005 version of IPI in plaintiff's trial for medical malpractice against ophthalmologist for alleged negligent cataract surgery...
Death caused by medical malpractice misdiagnosis
Posted on November 21, 2008More than ten years ago, a woman was given Dilantin because her doctor misdiagnosed her, wrongfully thinking that she suffered a stroke. She had not suffered a stroke. The drug made the woman develop Stevens-Johnson Sydrome. The woman died a horrific and painful death after this medical malpractice...
Illinois Justices Consider Constitutionality of Medical Malpractice Caps
Posted on November 20, 2008Illinois? Supreme Court is examining the constitutionality of caps lawmakers placed on lawsuit awards. State legislators passed a law that capped non-economic damages, such as pain and suffering, in medical malpractice suits to $500,000 for doctors and $1 million for hospitals in 2005...
Jury Awards Family $3.6 Million in Medical Malpractice Case
Posted on November 19, 2008A jury has returned a $5.8 million medical-malpractice verdict in the wrongful death of a 47-year lawyer whose untreated mole turned into a skin cancer that spread to his brain. The award will be reduced to $3.6 million due to the state?s cap on non-economic damages in medical-malpractice cases...
Jury awards $20.5 Million in Medical Malpractice Case
Posted on November 18, 2008A jury awarded $20 million medical malpractice settlement finding that a boy?s lasting medical problems caused by mistakes made at his birth. Jurors deliberated for about four hours before deciding that both the doctor and the hospital were negligent in their treatment of the mother who was giving birth to the baby boy...
Transplant Patient Files Medical Malpractice Suit After Getting HIV
Posted on November 18, 2008A 33 year old woman recently filed a medical malpractice lawsuit against the University of Chicago Medical Center alleging she contracted HIV and Hepatitis C after receiving a kidney transplant. According to the lawsuit, the woman claims U of C failed to warn her that her donor was a gay man with multiple sexual partners...
Judges Reverse Medical Malpractice Ruling
Posted on November 15, 2008All five state Supreme Court justices reversed an order granting summary judgment for a woman who sued a hospital as a parent her 13-year-od. They remanded the suit to the trial court seeking to hold the hospital liable for spinal injury that paralyzed her daughter...
Heart Drug Digiteck recalled 5 Days after Consumer Dies
Posted on November 15, 2008An elderly woman had been taking the Digitek heart drug in belief that it would protect her against future heart attacks. She then died while taking the drug just 5 days before the drug maker, Actavis Totowa, issued a Class I Digitek recall. The elderly woman?s caretaker noticed that after she started taking the medication she was becoming weak, having breathing problems and shortness of breath...
Medical malpractice lawsuits filed against eye doctor
Posted on November 14, 2008The eye doctor has been sued for medical malpractice at least 17 times during his career. He is now the subject of a class-action medical malpractice lawsuit filed by individuals who claim that the eye doctor falsely advertised laser vision corrective...
Medical Malpractice Caps Argued in Illinois Supreme Court
Posted on November 13, 2008Lawyers argued that a 2005 law limiting the amount of money juries may award in medical malpractice cases unfairly targets those most seriously injured who deserve the most compensation in the Illinois Supreme Court. Proponents of the law asked the court not to limit what they called lawmakers? attempt to stem a health care crisis...
Reports Show Hospitals have High Rates of C. diff
Posted on November 12, 2008A report shows that a germ that wreaks havoc in people?s guts is infecting hospital patients at a much higher rate than had been previously estimated. The study found that slightly more than 1 in every 100 hospital patients are struck by Clostridium difficle which is commonly referred to as C...
Hepatitis scare medical malpractice lawsuit not certified as a class action
Posted on November 10, 2008A medical malpractice lawsuit filed as a result of unsafe medical malpractice practices that caused over 100 people to develop Hepatitis C, has denied a request to certify a class action lawsuit for thousands of former patients. The patients are claiming emotional distress stemming from the testing they underwent after discovering the problems at the clinic...
Hospital Agrees to Pay Injured Amputee
Posted on November 09, 2008A woman lost three limbs after she contracted a flesh eating bacteria while receiving hospital care after the birth of her baby. She then claimed negligence by the hospital doctors and staff at the hospital caused the necrotizing fasciitis. The lawsuit brought by the woman and her attorneys asked for damages and compensation for a lifetime of care stemming from permanent and disabling injuries due to medical malpractice...
Woman Awarded in $1.6 Million Medical Malpractice Suit
Posted on November 08, 2008A woman received a $16 million medical malpractice lawsuit against a hospital and other entities for what the woman termed ?catastrophic? injuries cased by severe infections associated with a Caesarean section. The woman filed the medical malpractice lawsuit in 2006 that described infections she said began in the hospital that ultimately required the amputation of both legs, her right arm and one of her fingers...
State?s Supreme Court Strikes Down Medical Malpractice Law
Posted on November 07, 2008A state?s supreme court has struck down a piece of a 2003 medical malpractice lawsuit reform effort, calling it an unconstitutional special law. The measure required parties filing medical malpractices lawsuits to give notice to the defendant within 18 days or else they will have their case dismissed...
Case Law Update: One Year Statute of Limitations for Physicians Employed by Municipal Corporations
Posted on November 04, 2008Thede v. Kapas, No. 3-07-0757 (10/21/08) concluded that there is no issue of material fact; and that defendant, physician, is entitled to summary judgment dismissing plaintiff's complaint based on the one year statute of limitations then in existence for physicians employed by municipal corporations...
State?s Medical Malpractice Damages Cap Causes Controversy
Posted on November 01, 2008A man has been told by lawyers that it?s economically unfeasible to litigate his complicated case because of a state?s medical malpractice reforms. The man is almost blind in any eye after a botched retina reattachment operation in August 2007. Additionally he has trouble with depth perception and peripheral vision...
Study Finds that Half of US Doctors are Prescribing Placebos to Patients Without their Knowledge
Posted on October 31, 2008A study published last week in the British Medical Journal finds that half of US doctors prescribe placebos to their patients, instead of drugs necessary for their treatment. These placebos, the survey explains, are sometimes vitamins or drugs that will not help the patients? conditions...
Quickly Vetted Breast Cancer Treatments Are Highly Experimental
Posted on October 28, 2008After a woman had a cancerous lump removed from her breast, her doctor referred her to a specialist who uses a newer form of treatment where radioactive ?seeds? are inserted in the tumor site. This procedure could be completed in only five days instead of the six weeks typically required for conventional treatment...
$4 Million Award Upheld in Medical Malpractice Case
Posted on October 26, 2008A state?s Supreme Court has upheld a $4 million award given to the family of a woman misdiagnosed with cancer. The woman was then given a lethal dose of painkillers. The court did throw out the $500,000 awarded in punitive damages to the woman?s family...
Court Rules Judge Admitted Improper Evidence in Medical Malpractice Case
Posted on October 25, 2008A state?s Supreme Court ruled that a circuit judge allowed improper evidence to be admitted in a medical malpractice case. The medical malpractice suit alleged that the victim suffered a pulmonary embolism as a result of physician malpractice. After the doctor did not respond to the complaint and summons, the judge entered a default judgment against her...
Doctor Strongly Criticized In His Methods of Distributing Medication
Posted on October 24, 2008A family doctor who wrote prescriptions that could be linked to three deaths is still seeing patients, despite being under investigation by state authorities. His medical license has not been suspended, nor has his practice been restricted, even though several complaints against him have led to an investigation by the state medical examiners board...
Family Awarded $11.4 Million in Medical Malpractice Lawsuit
Posted on October 23, 2008A jury awarded more than $11.4 million in medical malpractice damages to the family of a boy who suffered brain injuries from complications during his birth in August 2005. The jury found in favor of the plaintiffs who claimed their son?s brain injuries were caused by negligent care by a Hospital midwife and nurse during the delivery...
Minority Trauma Victims More Likely To Die Than Whites
Posted on October 21, 2008Blacks and Hispanics who receive treatment for head injuries and other trauma are more likely to die afterward than whites with similar injuries and, regardless of race, trauma victims who lacked insurance died much more than those who were insured. The study offers the latest evidence of how race and insurance status affect patient outcomes...
Doctors Missed Heart Infection Signs 5 Times
Posted on October 20, 2008A young man with a heart valve condition was misdiagnosed by doctors at Northwestern Memorial Hospital in Chicago, Illinois. The heart valve condition led to an infection in his hearts and the hospital repeatedly misdiagnosed it by sending the man home with allergy medication once and instructions on visiting a back specialist another time...
Only 44% of People On Medicare Get Heart Stress Test Before Surgery
Posted on October 16, 2008Less than half of all Medicare recipients get a stress test before having common non-emergency procedures to reopen blocked coronary arteries, despite the fact that The American Heart Associations recommend it. A cardiac stress test, which is used to measure blood flow to the heart during exercise, can help determine who?s likely to benefit from procedures such as balloon angioplasty, in which a tiny balloon is used to reopen a blocked artery...
M.R.I.s Do Not Always Find Injury
Posted on October 15, 2008One woman had an MRI performed on her foot after she injured her forefoot running. The MRI at a local radiology center found nothing wrong, so she decided to take an anti-inflammatory and do low-impact workouts. However, when the pain got worse she saw a sports doctor who performed another MRI, and she discovered she had a stress fracture in her foot...
Failure to Diagnose Heart Attack Leads to Wrongful Deaths
Posted on October 15, 2008The leading cause of death in the US is coronary artery disease, or narrowing of arteries supplying blood to the heart. This condition results in a heart disease and failure to diagnose can lead to wrongful death. Doctors oftentimes make mistakes in diagnoses including: failure to take seriously a patient?s complaints, failure to notice or understand the nature of a patient?s symptoms, failure to order the proper tests, failure to properly read or interpret test results, and failure to refer a patient to a specialist for further testing or treatment...
Chicago Surgeon Involved in Lawsuit for Inventing Heart Device and Implanting it in Patient Without Consent
Posted on October 15, 2008A Chicago surgeon is being sued after implanting a device which he invented in a patient, allegedly without consent. The device, a Myxo ETlogix annuloplasty ring, was implanted in the patient in April 2006 by Dr. Patrick McCarthy at Northwestern Memorial Hospital to fix the patient?s leaky heart valve...
Family Hopes to Settle for Ten Million Dollars
Posted on October 13, 2008The family of one of the two victims in a fatal car crash is hoping to settle for ten million dollars in a wrongful death lawsuit. The victims were killed in a car accident after a woman, who was not supposed to be driving while taking medication, hit them...
Doctors Quick to Blame Stress When Woman Present Heart Disease Symptoms
Posted on October 13, 2008Research shows that signs of heart disease are more likely to be blamed on stress when the patient is a woman. In two studies, 230 family doctors and internists were shown sample cases of 47-year-old man and a 56-year-old woman. Half the vignettes included sentences indicating the patient had recently experienced a stressful life event or appeared anxious...
Federal Government Settle Medical Malpractice Lawsuit
Posted on October 11, 2008The U.S. government has agreed to pay a family nearly $1 million to settle a medical malpractice case. The man was being treated for leukemia at the Veterans Affairs hospital in Salt Lake City in 2004 when he developed a severe infection and died. His family sued, claiming the hospital failed to give him antibiotics in time...
Sign up for AAJ?s Fight for Justice Campaign
Posted on October 09, 2008Last year, the American Association for Justice (AAJ) launched its Fight for Justice Communications Campaign. The goal of the campaign is to forcefully make the AAJ case to the public and tell the true story about the civil justice system and tort reform...
Supreme Court Tackles Drugmaker?s Immunity
Posted on October 08, 2008The most important topic on the United State?s Supreme Court docket for the term may be the case of a musician from Vermont who lost an arm after a medical injection that went horrible wrong. At stake in the suit against Wyeth Pharmaceuticals is whether drug manufacturers are immune from claims they have faced from customers in thousands of cases, that the product label, despite approval by the U...
Winter Convention ? February 7-11, 2009
Posted on October 07, 2008The American Association for Justice (AAJ) will host its Winter Convention in New Orleans from February 7-11, 2009. This is a great opportunity for medical malpractice attorneys, personal injury attorneys, and nursing home abuse attorneys to network and participate in business group practice meetings...
ER Doctor Reprimanded and Fined
Posted on October 07, 2008A state medical board has reprimanded and fined a physician at a hospital in connection with a 2004 case in which a 40-year-old woman died while awaiting discharged. The woman came to the emergency room complaining of pain that she described as an ?elephant sitting on [her] chest...
Data Reveals that About 600 People are Set Ablaze During Surgery
Posted on October 06, 2008A patient went in for a simply thyroid surgery and instead woke up with her chin gone, her nose deformed and her mouth so damaged that after a dozen reconstructive operations, she still has trouble eating, drinking and breathing. The jury in her medical malpractice suit awarded her $4 million...
AAJ to host trial strategy seminar December 13-14, 2008
Posted on October 05, 2008The American Association for Justice (AAJ) will host a trial strategy seminar entitled ?Weekend with the Stars: Justice Counts Seminar? for medical malpractice attorneys. The seminar will take place from December 13-14, 2008 in New York City. Highlights include insights into trial strategy and approaches to cases that are proven to work...
FDA Does Not Pull Children?s Cold Medicines Despite Doctor?s Opinion
Posted on October 04, 2008A top government health official rejected pediatricians? calls for an immediate ban on over-the-counter cough and cold medicines for young children, saying it might cause unintended harm. The pediatricians said they were uncomfortable with the lack of solid scientific data to support continued use of OTC remedies with youngsters, particularly from ages 2-6...
Study Shows Hospital-acquired Illness Creates 12% of Liability
Posted on October 03, 2008A new report found that one of six liability claims against health care entities is associated with infections, injuries and other conditions acquired at the hospital. The 2008 Hospital Professional Liability Analysis found that hospital-acquired infections, hospital-acquired injuries, objects left in the body after surgery and pressure ulcers represent more than 12% of hospital liability costs...
Ninth Circuit Revives Suit Against U.S. Over Cancer Death
Posted on October 02, 2008The Ninth U.S. Circuit Court of Appeals ruled that Public Health Service doctors who willfully fail to render appropriate diagnosis and treatment may be sued in constitutional tort action under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics...
Medical Malpractice Suit Over a Colonoscopy
Posted on October 01, 2008A patient had undergone a colonoscopy during which a benign polyp was excised and developed rectal bleeding at home. The patient claims he called the doctor twice and he told him it was nothing serious, but the doctor alleges he informed the patient to go to the emergency room...
Negligence Lawsuit Filed After Hospital Loses Tumor
Posted on September 29, 2008A Chicago suburban family says they will never know for certain if a tumor removed from their daughter two years ago was cancerous, since Children?s Memorial Hospital lost the tumor. A negligence medical malpractice lawsuit was filed this week in Cook County Circuit Court on behalf of Kara Morris by the lawyers at Levin & Perconti...
FDA Questions Deaths in Anemia Drug Study
Posted on September 28, 2008Federal health officials said that they were reviewing a higher rate of deaths among patients treated with a Johnson & Johnson anemia drug in a study of stroke patients. Sixteen percent of patients who were treated with the drug, Eprex, had died three months after the study began, compared with 9 percent who were given a placebo, the FDA said in a statement...
Health University Settles Six Medical Malpractice Cases
Posted on September 27, 2008A federal judge announced that Oregon Health and Science University has settled six medical malpractice suits. The settlements average more than $6 million, totaling $38.5 million, each which is well above a statewide liability cap recommended to state lawmakers...
Medical malpractice lawsuit filed in East Chicago misdiagnosis
Posted on September 25, 2008An East Chicago hospital misdiagnosed a man in 2003 and the man has filed a medical malpractice lawsuit. The personal injury lawsuit claims that the East Chicago man went to the hospital complaining of breathing problems and underwent tests. The doctors at the East Chicago hospital informed the medical malpractice victim that he had lung cancer...
State Supreme Court Declines to Hear Case on Medical Malpractice Damages Cap
Posted on September 25, 2008A state Supreme Court declined to hear a case on whether or not medical malpractice damage caps violate state constitutional rights. The state?s legislature approved caps on non-economic damages, such as pain and suffering, yet still allowed direct appeals on constitutional questions...
Medical Malpractice Lawsuit Returned to State Court
Posted on September 24, 2008A medical malpractice lawsuit that was recently moved from state court to federal court has been sent back down to state court after federal review. The U.S. Attorney?s Office asked that the federal government be involved because one of the doctors was an employee of a network who received federal funds...
Ed McMahon Sues Hospital
Posted on September 24, 2008Celebrity Ed McMahon is suing a hospital in Los Angeles for $1 million on the grounds of negligence and elder abuse. The 85-year-old entertainer is accusing the hospital through a medical malpractice suit of fraud, battery, elder abuse, intentional infliction of emotional distress, breach of fiduciary duty and negligent misrepresentation...
Cancer Patient Wins Malpractice Suit
Posted on September 24, 2008A jury found a podiatrist liable for medical malpractice after he removed a growth from a woman?s big toe. The man did not check the growth for cancer, yet the podiatrist did no such tests. The mother of two was diagnosed with a malignant melanoma a year after having the growth removed...
Supreme Court Will Hear Case That Decides Where Consumers Can Sue Pharmaceutical Companies
Posted on September 21, 2008In November, the Supreme Court will hear arguments about whether a woman whose arm was amputated may keep more than $6 million from a jury award. The award was against a pharmaceutical company who failed to warn her adequately about the risks of one of its drugs...
Mother Collects $5.5 Million for Son?s Birth Ordeal
Posted on September 21, 2008A west Chicago suburban woman whose son was born with severe brain damage has agreed to a $5.5 million settlement with the doctors and hospital after they caused a lifetime of problems for her son. The mother of the boy agreed to a settlement with the hospital in Melrose Park, Illinois and the two doctors...
Levin & Perconti File Suit After Teen?s Tumor is Lost
Posted on September 18, 2008A family from north suburban Chicago will never know for certain if a tumor removed from their daughter two years ago is cancerous because Children?s Memorial Hospital lost the tumor. After the 16 year old underwent surgery to remove the tumor from her thyroid, Children?s Memorial Hospital lost the tumor before a biopsy could be performed...
Nursing Shortage Leads to More Hospital Deaths
Posted on September 17, 2008Recent studies have shown that the decrease in nurses in hospitals has lead to decreased patient care, more patient deaths and more medical malpractice lawsuits. Nurses have the most contact with the patients, while they are in the hospital. Nurses have had to start working longer hours and taking care of more patients as a result of these nursing shortages...
Medical Malpractice Lawsuit Claims Children?s Memorial Lost Teenager?s Tumor
Posted on September 17, 2008The attorneys at Levin & Perconti have filed a medical malpractice lawsuit on behalf of a Chicago suburban teen that underwent surgery at Children?s Memorial Hospital in Chicago in 2006. The teen is claiming that the hospital lost a tumor removed from her thyroid before it could be biopsied...
Illinois Family Sues Hospital After Teen?s Tumor is Lost
Posted on September 17, 2008An Illinois family is suing a hospital alleging that the hospital is responsible for losing a tumor before they analyzed the tumor for cancer. The teen?s tumor was never tested to see if it was cancerous. Levin & Perconti filed a medical malpractice lawsuit last week in the Cook County Circuit Court on behalf of Kara Morris of Chicago Suburb Highland Park, Illinois...
Medical Malpractice Has Serious Consequences in Children
Posted on September 16, 2008Doctors say that medical mistakes can have more serious consequences in children than they do in adults. A study in the journal Pediatrics found that problems due to medications occurred in 11 percent of children who were in the hospital, and that 22 percent of them were preventable...
Family Sues Hospital When Tumor Is Lost
Posted on September 16, 2008A family from the North Chicago suburb of Highland Park is suing Children?s Memorial Hospital in Chicago claiming doctors lost a tumor removed from their teenaged daughter. The teen had a tumor removed from her thyroid in 2006. The family claims that Children?s Memorial Hospital lost the tumor before performing a biopsy to determine if it was cancerous...
Children?s Memorial Hospital Loses Tumor Before Biopsy
Posted on September 13, 2008The attorneys at Levin & Perconti filed a lawsuit in Cook County Circuit Court on behalf of a teen whose tumor was lost by Children?s Memorial Hospital before the doctors could perform a biopsy. A week after the surgery the young woman and her family returned to the hospital to receive the biopsy results, but the hospital informed them that they could not tell her whether or not it was cancerous because they had lost the tumor...
Doctor Ordered to Pay Damages in Malpractice Suit
Posted on September 13, 2008A couple was awarded nearly $1.2 million by a jury in a medical malpractice suit filed against a doctor. The jury decided in a two-day trial that the doctor was negligent in his care of the patient who underwent hernia surgery in 2003. During the procedure, the man?s small bowel was nicked but not repaired at the time causing him to have a septic reaction that included an extended hospital stay...
Levin & Perconti Files Lawsuit After Hospital Loses Tumor that Held Girl?s Diagnosis
Posted on September 12, 2008The lawyers of Levin & Perconti filed a negligence lawsuit in the Circuit Court of Cook County against Children?s Memorial Hospital in Chicago on behalf of a young adult. After having surgery to remove a tumor encased in the girl?s thyroid, the hospital negligently lost the tumor before performing a biopsy to determine if it was cancerous...
Damages Cap on Medical Malpractice Cases Hurt Vulnerable Victims
Posted on September 12, 2008The real-world consequence of noneconomic damages caps in medical malpractice cases has had a devastating effect on survivors of deceased victims who are unemployed. Noneconomic damages are those given for pain and suffering, whereas economic damages are those given for lost earnings and medical bills...
Supreme Court to Hear Case on Whether Plaintiffs Have Right to Sue Pharmaceutical Companies
Posted on September 11, 2008Earlier this year, the US Supreme Court decided that there was a federal law barring suits against makers of government-approved medical devises such as pacemakers. Now, the Court will consider whether to extend the shield against lawsuits to the makers of prescription medicines and over-the-counter drugs...
Case Law Update: Abuse of Discretion in Medical Malpractice Suits Discussed
Posted on September 10, 2008The recent decision in Lasalle Bank, N.A. v. C/HCA Development, No. 1-06-1859 (8/5/08) ruled that although the trial court erred when it substituted the phrase "reasonably well qualified" for "reasonably careful" in the 2006 version of IPI 150.01 in medical malpractice trial, it was not reversible error; because instruction actually given was also an accurate statement of the law...
Psychiatrist Prescribes Drug That Leaves Man Disabled
Posted on September 09, 2008A patient has filed a medical malpractice lawsuit against his psychiatrist, alleging the doctor prescribed a medication for an off-label use that left him permanently disabled. The patient had been referred to the psychiatrist for depression and anxiety but also had a history of diabetes, hypertension and hyperlipidemia...
Dialysis Takes a Near Deadly Turn After Tainted Heparin is Administered
Posted on June 12, 2008A pharmaceutical lawsuit has been filed against Baxter after an individual received tainted heparin. The tainted product given to the 38 year old man lead him to suffer from serious personal injuries, pain and suffering and emotional trauma. There is likely a medical malpractice suit to be alleged against the dialysis clinic where the individual received the tainted medication from...
$15 Million in Hospital Malpractice Suit
Posted on June 10, 2008Vanessa Jenkins gave birth to her son, Cody Smithey, in 2001 at Valley West Community Hospital. Jenkins, who is from Aurora, Illinois, was allegedly having an uneventful labor until Dr. Martin Brauwelier repeatedly used a vacuum extractor device, using it 18 times within 50 minutes, unsuccessfully...
Levin & Perconti to Sponsor Chicago Chapter of the American Constitution Society for Law and Policy
Posted on June 09, 2008Levin & Perconti will sponsor the American Constitution Society for Law and Policy?s Chicago Lawyer Chapter this coming year. ACS is an organization of legal professionals including lawyers, judges, law professors, students, and policymakers that seek to uphold the fundamental principles of human dignity, rights for individuals, justice and equality continue to hold a central place in American law...
State to Inform Public About Physician Malpractice
Posted on June 09, 2008A state medical board is planning to put information about medical malpractice actions against physicians on its website in an effort to better inform the public about their caregivers. The proposed plan would disclose malpractice payments for individual doctors going back only seven years...
A Hotly Contested Product: Icy Hot Pain Patches Recalled
Posted on June 06, 2008Serious burn injuries and raw skin have occurred after use of the popular pain relieving product, Icy Hot pain patches. A
Hepatitis C Outbreak Linked to Physicians' Mistakes
Posted on June 06, 2008Hepatitis C outbreaks have been linked to unsafe hospital injection practices at an Endoscopy Center. So far eighty-four individuals have contracted the disease due to the hospital?s medical malpractice. The Doctor?s negligent practices have been linked to one day when two identified physicians were on call...
Settlement in Wrongful Death Lawsuit for Alleged Nursing Error
Posted on June 06, 2008A woman?s family who sued a hospital where she was treated after she died there in 2003 has reached a settlement with the defendant hospital. The terms of the settlement are unknown, but past suits against the same hospital have yielded millions in settlements for alleged hospital errors...
Medical Malpractice Caps Hurt Innocent Victims
Posted on June 05, 2008In an op-ed piece, the head of a state medical society favors continued erosion of patients? rights in favor of the insurance industry by unequivocally supporting medical malpractice caps. An Illinois bill, passed and signed into law in 2005, caps non-economic damages but was deemed unconstitutional by a Cook County judge...
Boy Dies From Neglect, Nurses made an Error in Judgment
Posted on June 02, 2008Recently, a 13-year-old Illinois boy died at a Chicago hospital after being brought there with very severe signs of neglect including ulcers, one of which was seeping pus. The boy was being taken care of by his mother and three nurses for various conditions including cerebral palsy...
Chantix Anti-Smoking Drug Up in Flames
Posted on June 02, 2008Chantix drug problems arise as the popular drug used to quit smoking comes under scrutiny. The Chantix drug adverse effects include serious personal injuries, skin reactions, seizures, aggression and suicide. Nearly 1000 FDA personal injury reports have been made since the drug received its May 2006 approval, 28 of those injuries included serious car accident injuries...
1.7 Million People Suffer from Hospital Infections Each Year, Raising New Concerns About MRSA
Posted on May 28, 2008MRSA, or methicillin-resistant Staphlococcus aureus, is a new hospital infection superbug that appears to be resistant to most antibiotic medications. MRSA infections account for about 8% of all hospital infections but are normally deadly. A new report by the Centers for Disease Control estimates that 1...
Certain Drug Treatments for Dementia May Be More Dangerous for Older Patients
Posted on May 28, 2008A new study shows a link between certain medications and increased risk of death or hospitalization. Antipsychotic drugs may lead to increased risk of hospitalization and death, a new study reports. The study analyzed a group of elderly patients that were prescribed antipsychotic medications like Haldol (haloperidol), Risperdal (risperidone) and Zyprexa (olanzapine)...
Hospital Patient Sues for Misdiagnosis That Caused Unnecessary Surgery and Lung Removal
Posted on May 22, 2008A hospital patient has sued his former doctors and their hospital in a medical malpractice lawsuit for mistaken diagnosis that lead to unnecessary surgery. The man was initially diagnosed with cancer and doctors told him he may die. The doctors then performed surgery to remove part of his lung that they claimed was cancerous...
$15.5 Million Dollar Medical Malpractice Lawsuit Settlement Announced in Aurora, Illinois
Posted on May 22, 2008An Aurora woman has announced her $15.5 million dollar settlement in a birth injury medical malpractice lawsuit. Her son sustained a brain injury at birth when she went to Valley West Community Hospital to deliver her son. This is the largest medical malpractice settlement in DeKalb county ever announced...
East Chicago Jury Awards $4.5 Million Dollars in a Medical Malpractice Lawsuit
Posted on May 22, 2008An East Chicago jury has awarded $4.5 million dollars in a medical malpractice lawsuit against St. Catherine Hospital. The man entered the hospital and was misdiagnosed as having a kidney stone. However, the hospital and doctors treating him should have performed a necessary procedure to rule out other conditions...
Advocate Health and Condell in Talks; Advocate Has Offered $180 Million for Condell
Posted on May 21, 2008Condell, Lake County?s largest hospital, may soon be for sale to the highest bidder. Condell and Chicago-based Advocate Health have been in talks about Advocate buying Condell to expand Advocate?s presence in Lake County. Advocate has signed an agreement to buy Condell for $180 Million...
Congressman Hinchey Unveils New Legislation to Permit Medical Malpractice Claims Against the Military
Posted on May 20, 2008Congressman Hinchey unveiled a new bill that would allow victims of medical malpractice in military hospitals to file medical malpractice lawsuits against the military. The bill will be called the Carmelo Rodriguez Military Medical Accountability Act of 2008 after Sgt...
AMA Encourages Tighter Restrictions on Prescription Drug Advertising
Posted on May 13, 2008The American Medical Association has encouraged the Food and Drug Administration (FDA) to add restrictions and regulations of prescription drug advertising. Often, prescription drug advertisements tout the benefits of the product without explaining or even indicating all of the risks and side effects of prescription drugs...
Doctor Sues His Treating Physicians for Medical Malpractice after Abdominal Surgery
Posted on May 12, 2008A Charleston doctor is suing his doctors in a medical malpractice lawsuit. The doctor filed the medical malpractice lawsuit against 2 other doctors and a hospital after developing a serious hospital infection that lead to permanent disfigurement, required additional surgeries and lead to the doctor being on a ventilator...
Keeping Safe in Hospitals: Good Ideas to Protect Yourself from Hospital Infections
Posted on May 12, 2008Often, hospitals are a source of many hospital infections because surfaces may not be sanitized properly. A recent article from the father of a son who died unexpectedly from a hospital infection explains some tips for avoiding unnecessary bacterial contact...
$5 Million Settlement in Medical Malpractice Case for Failure to Monitor Change in Condition
Posted on May 06, 2008A west coast man has settled his medical malpractice lawsuit against a hospital. The $5 million settlement will help to compensate him for a lifetime of 24 hour care that he now needs. When he entered the hospital with a fever and cough, doctors diagnosed him with acute renal failure...
Tips for Lawyers: Rule 103(b) and Medical Malpractice
Posted on May 06, 2008The Illinois Supreme Court handed down a new decision recently on its interpretation of Rule 103(b): in determining whether plaintiff was reasonably diligent under Rule 103(b), the trial court is not to consider the time when the case is voluntarily dismissed...
Woman Sues Walgreen?s After Pharmacy Error Causes Miscarriage
Posted on May 05, 2008A woman is suing Deerfield-based Walgreen?s in a wrongful death and medical malpractice lawsuit after losing her child. The Walgreen?s Pharmacy filled her prescription for prenatal vitamins with a drug intended for chemotherapy use. After using the drug for an extended period of time, the woman lost her baby...
State of Illinois Has Made It Easier to File Complaints Against Doctors and Health Professionals
Posted on May 02, 2008The State of Illinois Department of Financial and Professional Regulation, Division of Professional Regulation has just released a new website allows users to enter complaints about doctors and health professionals with ease. This website makes it much easier to file a state complaint in the event you have been a victim of medical malpractice or nursing errors...
Army Hospitals Have Difficulty with Drug Overdoses and Deadly Drug Combinations
Posted on May 02, 2008Army Hospitals have a growing problem with drug overdoses and patient deaths due to drug overdoses and interactions. Since June of last year, there has been an increase in the number of incidents of accidental drug overdoses to patients in Army hospitals...
Lasik May Be More Dangerous as Many Victims Go Unreported: Patients Need to Speak Out
Posted on May 01, 2008A recent article calls into question whether Lasik eye surgery is as safe and successful as previously thought. According to some data sources, as many as 5% of all Lasik patients suffer adverse events or are displeased with their surgery. However, according to the FDA, only a handful of adverse events or complaints about Lasik have been reported...
Study Shows Racial Disparity in Health Care in Chicago; More Amputations
Posted on May 01, 2008A study in the May issue of the Journal of Vascular Surgery shows that the rate of limb amputation is higher in Chicago?s black communities than in suburban white communities. The data showed that blacks in Chicago are five times more likely to have a limb amputated than suburban whites...
Group Hopes to Curb Drug Company Influence on Doctors and Med School Students
Posted on April 30, 2008As many medical schools don?t have conflict of interest policies that are as strong as hospitals?, drug companies often market directly to young doctors and students to gain an advantage. Many drug companies spend billions in marketing to doctors and students which is more than they spend on research or marketing...
Patients and Victims of Medical Malpractice See Huge Delays in Medical Records Processing
Posted on April 30, 2008One of the greatest organizational problems facing hospitals today is the battle over medical records. Many patients find that it can take months or years to get a hold of their own medical records after treatment. Even worse, some families of victims of medical malpractice or wrongful death have waited for years to obtain their loved one?s medical records from hospitals...
The Double Lesson of the Heparin Case; More Deaths Reported
Posted on April 29, 2008The case of Heparin contaminated with unknown toxins and imported from China continues to claim lives. To date, more than 81 deaths are linked to contaminated Heparin in the US and more may be discovered soon. The FDA says that the deaths from contaminated Heparin are a direct result of an allergic reaction to the toxin in some patients...
Federal Government Steps in to Curb Hospital Infections
Posted on April 21, 2008The US Government Accountability Office (GAO), Congress?s investigative arm, has urged the Department of Health and Human Services to set standards for how hospitals should deal with hospital infections. Hospital infections usually strike after a patient is discharged from a hospital and are an often forgotten source of medical malpractice and medical malpractice lawsuits...
Medicare May Stop Funding More Hospital Mistakes and Preventable Errors
Posted on April 21, 2008The Medicare program may soon stop paying for more medical care that comes as a result of hospital error. In an effort to encourage hospitals to improve their patient care and avoid medical malpractice lawsuits, hospital infections, and hospital patient injury, Medicare announced last year that it would stop funding certain procedures and treatments...
Cancerous Lung Lawsuit for Medical Malpractice May Go to Trial
Posted on April 19, 2008A lawsuit surrounding the wrongful death of a patient after he received cancerous lung transplants may go to trial. Though many medical malpractice lawsuitssettle, parties in this suit may seek justice in court. The medical malpractice lawsuit surrounds a lung transplant operation that led to the patient?s death: the doctors transplanted cancerous lungs...
Seniors Will Soon Drive the US Healthcare Market; Doctors in Short Supply
Posted on April 18, 2008By 2030, one of every five Americans will be over the age of 65 and nearly half of all medical care spending will go to seniors. However, the US health care market is not positioned to meet the needs of this ever expanding group. The consequences of an understaffed and under-trained geriatric health care workforce could mean a sharp increase in the number of medical malpractice lawsuits and medical injury lawsuits in the future...
Navy Veteran Wins Medical Malpractice Lawsuit Against Veterans? Affairs Hospital for Malpractice
Posted on April 17, 2008A US Navy veteran has won his medical malpractice lawsuit against a Veterans? Affairs hospital doctor after a series of failed operations left him permanently disabled, receiving a verdict of $622,739. The man, who retired from Chicago-based Smurfit-Stone Container Corp in 2001, brought his medical malpractice lawsuit under the Federal Tort Claims Act...
Medical Malpractice Suits Decline in Some States Challenging Need for Tort Reform
Posted on April 16, 2008In some states, the number of medical malpractice lawsuits is on the decline by about 5% due to new policies regarding filing medical malpractice lawsuits. Though not required in Illinois, some states mandate independent medical review of a malpractice claim before the plaintiff can file...
Insurance Companies Lower Rates As Information Goes Public on Medical Malpractice
Posted on April 16, 2008Illinois doctors stand to receive a refund from their insurance companies in the near future. The Chicago Daily Law Bulletin reported that insurance companies have lowered their premiums and are processing refunds to doctors for medical malpractice insurance...
New Illinois tool for selecting medical providers
Posted on April 15, 2008The Governor of Illinois recently announced a new tool to help health care consumers make informed decisions about choosing providers. According to Governor Blagojevich, ?It is not enough to make sure every Illinois family has access to health care. We need to make sure they have enough information to make informed decisions about the doctors who treat them...
Family members of teen who died after breast surgery speak out
Posted on April 14, 2008No one knew that the 18 year-old had a rare, genetic condition that cause a fatal reaction to the anesthesia when she decided to have plastic surgery and chose a surgeon to correct a congenital defect that left her with asymmetrical breasts and inverted nipples...
Surgeons leave 15 inch medical clamps inside patient?s stomach
Posted on April 13, 2008Following a routine procedure to clear a blocked intestine, a German man later discovered operating room medics committed medical malpractice and left a 15 inch pair of medical clamps inside him. He is now pursuing a 100,000 Pound claim for damages in a medical malpractice lawsuit...
Doctor-addicts continue to treat patients
Posted on April 12, 2008CNN recently highlighted the danger that addicted doctors are still treating patients. One patient says she had to forgo cancer treatment because of a botched surgery by a doctor who was in treatment for alcoholism and had been convicted for driving under the influence of alcohol...
How to help your doctor help you
Posted on April 11, 2008CNN recently featured an article about how consumers can help to receive their own optimal healthcare by being prepared and helping their doctors. While in an ideal world, a doctor would have your health history, current medications and most recent lab results in front of him or her, the reality is that these things get lost in paperwork...
Hospital settles 100 medical malpractice lawsuits for $1.8 million
Posted on April 11, 2008A medical center recently announced they would pay $1.8 million to settle 100 civil medical malpractice lawsuits filed against one cardiologist. This cardiologist also faces federal medical fraud charges related to cardiac procedures he performed on patients...
New Hospital Ratings System Helps Inform Chicago Hospital Patients, Expose Truth
Posted on April 11, 2008The Department of Health and Human Services recently released its patient survey where hospital patients rate their experiences and patient care in a format much like a restaurant guide. The survey showed some troubling results for Chicago area hospitals including some reports of patient dissatisfaction and hospital care statistics that need serious attention...
In Three Years, Medical Errors Cost Medicare $8.8 Billion
Posted on April 10, 2008According to a recent HealthGrades study of patient care in hospitals, the past three years of medical errors have cost the Medicare system more than $8.8 billion dollars. Additionally, the study found that hospital safety problems caused 238,337 preventable deaths to patients...
Find Out More About Your Doctor in Illinois
Posted on April 09, 2008The Illinois Department of Financial Professional Regulation has posted a new website database where you can find out more about your doctor or health care professional. The Physician Profile Search allows visitors to see where the doctor went to medical school, if the doctor has been involved in any lawsuits, and determine if the doctor is licensed to practice...
FDA Cites 62 Possible Deaths Linked to Heparin
Posted on April 08, 2008The FDA has received 62 reports of deaths over the past 15 months of patients who were treated with heparin, made by Chicago-area Baxter International. In Cook county, Dennis Quaid, a popular actor, has filed suit against Baxter for the wrongful death of his twin daughters after they received excessive doses of heparin...
FDA?s Role in Prescription Drug Labeling Unclear to Jurors
Posted on April 08, 2008According to a recent industry newsletter, jurors often misconceive the role of the Food and Drug Administration (FDA) in approving new drugs and how pharmaceutical manufacturers create their prescription drug labels. Jurors often believe that the FDA is responsible for pharmaceutical research...
Supreme Court Will Decide if Drug Companies Can Hide Behind FDA
Posted on April 07, 2008The Supreme Court will hear a case next term that could decide whether drug companies may escape liability for harm caused by their products and hide behind FDA approval. The issue in the case involves Johnson & Johnson?s prescription birth control patch, Ortho Evra, which delivered much more estrogen than the company originally disclosed...
Hospitals Harm 1 in 15 Children with Medication Dosing Errors
Posted on April 07, 2008A new study published in the journal Pediatrics shows that about 1 in 15 children are harmed each year by medication dosing errors at hospitals. The study revealed that children are harmed by dosing errors and incorrect medication substantially more often than previously thought...
Dangerous Drugs and Medical Malpractice
Posted on April 04, 2008A woman who suffered a seizure as a result of negligent manufacturing of a drug and medical malpractice is seeking compensation for her preventable medical expenses but has repeatedly been denied. After having worn a pain patch containing a Fentanyl gel for several years, it unexpectedly leaked, exposing the woman directly to Fentanyl, a powerful opiate 80 times stronger than morphine...
Possible Link Between Allergy Drug and Suicide
Posted on April 02, 2008The FDA announced it will begin examining a potential link between a popular allergy drug and suicide. The review was prompted by three-to-four reports the FDA received about patients using the drug committing suicide. The drugs listed side effects already include tremors, anxiousness, depression and suicidal thinking and behavior...
State Considering Zero Liability for Negligent Physicians
Posted on April 01, 2008Policymakers are considering instituting a state-sponsored indemnity fund that would pay the future medical bills of injured patients, effectively shielding all physicians, hospitals, and medical staff from any liability for medical malpractice and negligence...
Jury awards $19 million in birth injury medical malpractice lawsuit
Posted on March 29, 2008A jury recently awarded a woman and her son $19 million as a result of a birth injury medical malpractice lawsuit against her obstetrician. The son was born with celebral palsy and cortical blindness. After verdict, the mother said ?No amount of money will make up for what happened to my son...
Doctor?s license suspended nearly two decades after a mangled birth
Posted on March 28, 2008In 1990, a doctor delivered a baby with a permanently disabled arm. The parents filed a medical malpractice lawsuit against the doctor and hospital. The medical malpractice lawsuit alleged that the hospital negligently gave staff privileges to a doctor who had been sued repeatedly and lacked proper malpractice insurance...
Brain damaged ex-worker must pay $470,000 to Wal-Mart
Posted on March 26, 2008The family of a woman must reimburse Wal-Mart for nearly a half-million dollars in medical expenses now that the U.S. Supreme Court has refused to review her case. The court recently let a ruling by the 8th Circuit Court of Appeals in St. Louis requiring Debbie Shank to pay nearly $470,000 to Wal-Mart...
One clinic facing a slew of medical malpractice lawsuits after reusing syringes and vials of medicine
Posted on March 25, 2008It was recently revealed that a clinic had reused syringes and vials of medicine. With a large clientele, this clinic could have potentially exposed 40,000 patients to HIV and hepatitis B and C. This Southern Nevada clinic is now facing numerous medical malpractice lawsuits...
Jury finds for physician in medical malpractice and wrongful death lawsuit of John Ritter
Posted on March 24, 2008A jury verdict decided in favor of physicians in the medical malpractice and wrongful death lawsuit of Actor John Ritter. The medical malpractice lawsuit was brought by Ritter?s widow and children. The jury deliberated for two days, but did not find the cardiologist or the radiologist to be negligent in Ritter?s care...
Doctor faces medical malpractice lawsuit and potential criminal indictment
Posted on March 23, 2008The gynecologist whose patient died after his abortion is now facing a wrongful death lawsuit and medical malpractice lawsuit and a possible grand jury indictment. The patient, a 22 year-old woman, died after an abortion was performed in September. The doctor resigned his medical license last month...
We cannot trust health care oversight until conflicts cease
Posted on March 22, 2008A recent op-ed article scrutinized health care oversight. The article argued that there is no reason that any consumer seeking preventive care should risk death while seeking routine medical care at the hands of a profiteering physician. When culpability in a medical malpractice lawsuit becomes revealed, there is no reason that others with close ties to a bad doctor should remain in positions of oversight...
Medical board website reveals less info on doctors? malpractice
Posted on March 21, 2008Four years ago, an investigation concluded that it was easier for consumers to find out information about their building contractors than for patients to get information about their doctors. In response, the Nevada Board of Medical Examiners promised to enhance its website to inform the public about doctors...
Legislation that Reduces Patients? Rights Fails
Posted on March 20, 2008An amendment to the Illinois Consumer Fraud and Deceptive Business Practices Act failed to move past committee as the bill sought to limit the rights of injured persons, including many affected by medical malpractice and negligence. The amendment provided that the Act would ?not apply to claims seeking damages for conduct that results in bodily injury, death, or damage to property other than the property that is the subject? of the unlawful practice...
Looking beyond the borders: is New Zealand?s approach to medical liability working?
Posted on March 19, 2008A recent op-ed article examined the ?tort reform? debate that is ongoing throughout America and suggests our country look to New Zealand?s approach to medical malpractice. The article states that New Zealand has succeeded in compensating patients and ensuring accountability among physicians by taking a markedly different approach...
Waking Up During Surgery: A Nightmarish Reality
Posted on March 17, 2008A guest post written by Susan Jacobs* A recent study conducted by Washington University School of Medicine in St. Louis has indicated that we are no closer to preventing patients from waking up during surgery. Despite the use of modern brain-wave monitors that supposedly detect if a patient is conscious during surgery, the problem is still there...
Illinois Bill To Assist Wronged Patients Recover From Physicians
Posted on March 14, 2008The Illinois state legislature introduced a proposed rule amendment that would amend the Code of Civil Procedure to allow courts to appoint a special representative for a person who dies before an action is filed against him. The amendment thus allows plaintiffs to bring an action against the special representative without opening an estate...
Medical malpractice lawsuit filed against clinic by patients who contracted virus
Posted on March 13, 2008At least five people not yet identified by health officials say that during visits to a Las Vegas medical clinic that reused syringes and improperly cleaned medical equipment in a horrible case of medical malpractice. Medical malpractice lawsuits were filed against the Clinic alleging that the patients contracted the potentially fatal hepatitis C while undergoing colonoscopies...
Tort Immunity Act Immunizes Physicians For Failure to Diagnose
Posted on March 12, 2008An Illinois Appellate Court once again limited the rights of wronged patients in medical malpractice and negligence cases by affirming a trial court?s grant of summary judgment under the Illinois Tort Immunity Act. The court determined that the Tort Immunity Act immunizes a defendant for failing to make an adequate examination and for a failure to diagnose an illness...
ACLU files lawsuit alleging medical malpractice in prison
Posted on March 11, 2008The American Civil Liberties Union has filed a class-action lawsuit against the governor of Nevada and other state officials last week, alleging they had failed to rectify ?a pervasive pattern of gross medical malpractice at the state?s maximum security prison...
Judge dismisses medical malpractice lawsuit about gauze left in patient
Posted on March 11, 2008A medical malpractice lawsuit alleging that a large piece of gauze had been left inside a patient after surgery was thrown out by a judge last week. The medical malpractice lawsuit contends that a piece of gauze more than 2 feet long was left inside a woman after surgery in 2004...
Couple files medical malpractice lawsuit against hospital for unnecessary surgery
Posted on March 09, 2008A woman and her husband have filed a lawsuit against a hospital saying that doctors performed unnecessary surgery on her that led to health problems. According to the medical malpractice lawsuit filed, the woman was admitted to the hospital for a heart attack...
State Court Expands Rights of Wronged Patients
Posted on March 06, 2008A state Supreme Court decided to expand the rights of wronged patients in medical malpractice and negligence cases. The decision reinterprets the law so that the statute of limitations on raising a malpractice claim now begins once a patient knows the extent and cause of his injury in contrast to prior decisions stating that the statute of limitations began once symptoms were initially diagnosed...
Serious Medical Errors Go Unpunished
Posted on March 06, 2008A recent study has found that many of the serious incidents of medical malpractice and negligence go unreported, even when physicians are aware that they should be reporting such violations. A survey of 1,600 doctors showed that 46 percent had witnessed ?serious? medical errors by their colleagues without reporting them, even though 93 percent said they realized they should report such malpractice...
Illinois Cancer Center Sued After Wife Dies of Cancer
Posted on March 04, 2008Ron Weidenfeller, through his attorneys at Levin and Perconti, has filed a medical malpractice lawsuit against Schaumburg-based Cancer Treatment Centers of America and its Midwestern Regional Medical Center in Zion on behalf of his wife who died from an undiagnosed colon obstruction...
Physician Sues Hospital
Posted on February 28, 2008A physician has filed a lawsuit against her own hospital after being pushed out for attempting to report major events of medical malpractice and gross negligence. Following state inspections of the facility, the federal government has halted Medicare and Medicaid funding to the hospital until it is able to meet minimum standards of safety...
$24 million medical malpractice lawsuit verdict awarded to Illinois man
Posted on February 24, 2008An Illinois man was awarded nearly $24 million in an Illinois medical malpractice lawsuit verdict. The man, now 34, entered an Illinois hospital in 2001 to have a kidney stone remove. While there, he suffered cardiac arrest, which interrupted the flow of oxygen to his brain...
Negligent Physician Finally Facing Censure
Posted on February 21, 2008A physician facing 122 charges of medical malpractice and negligence is finally facing the possibility of losing his license. After repeated acts of medical malpractice, including allegations in pending lawsuits by patients that the physician sent one patient into a coma and caused great pain to another, the physician may finally be unable to practice...
Insurance company's doctors decide girl should not get transplant
Posted on February 10, 2008Preventable deaths in hospitals are not limited to people without access to health care and victims of medical mistakes and medical malpractice. People with insurance can still be effected by their insurer and the doctors advising the company. A teenage girl with leukemia was recently denied a liver transplant by her insurance company, who claimed that the procedure was too experimental...
Experts offer advice on how to mend a broken US healthcare system
Posted on February 10, 2008Around 47 million Americans don't have health care, but even those that do agree that problems in the United States healthcare system need reform. In a recent article, 10 health care experts offered their personal suggestions on how to improve the country's situation...
Diabetes study ends prematurely after shocking and unexpected results
Posted on February 09, 2008The generally accepted medical opinion for decades has been that diabetes patients should lower their blood sugar in order to reduce the risk of death from heart disease. However, a recent extensive federal study has been cut short after the middle-aged and older participants had a higher risk of death after lowering their blood sugar...
Limited healthcare access, medical mistakes contribute to US's ranking as worst in preventable deaths
Posted on February 07, 2008The United States ranked worst among 19 leading industrialized nations in preventable deaths due to treatable conditions. France, Japan and Australia were ranked the highest. The study that created this ranking showed that if the United States had preventable death rates more comparable to those countries, there would be 101,000 less deaths in the US each year...
32 liver transplant patients died after being misled by hospital
Posted on January 30, 2008Multiple lawsuits were filed after 32 liver transplant patients at UCI Medical Center who were allegedly misled about the availability of surgeons were denied transplants and died. After the wrongful death claims, the University of California recently reached a $7...
Spike in post-surgical deaths reveals substandard care in Illinois VA hospital
Posted on January 29, 2008When the VA hospital in Marion, Illinois reported a spike in post-surgical deaths that was four times greater than the expected rate, an investigation revealed that these deaths were the result of substandard care and medical malpractice. That investigation revealed that, in the last two years, there were at least 34 patients who had been injured due to substandard care...
Preventable deaths, injuries more likely as ER waiting room waits climb
Posted on January 24, 2008Preventable deaths, injuries, and illnesses have been found to be caused by emergency room delays. ER waiting times have increased from 22 minutes in 1997 to 30 minutes in 2004. Heart attack patients are exposed to more serious dangers as their wait time has doubled on average, but the risks caused by delay are great...
Lawsuit filed after paramedics, medical examiner falsely declare car accident victim dead
Posted on January 23, 2008A lawsuit has been filed against a county medical examiner, paramedics, and county Emergency Medical Services after a man who was declared dead at the scene of an automobile accident but was found to be alive hours later sustained permanent injuries. Paramedics responded to calls after the car accident but negligently failed to check the man's vital signs properly not noticing his faintly beating heart...
Pregnant woman dies after negligent treatment in an Evanston hospital; Cook County jury awards $22 million
Posted on January 20, 2008A $22 million verdict was recently awarded in a Cook County, Illinois medical malpractice lawsuit. The jury ruled that the hospital was negligent during the birth of a 34-year-old woman's son in that staff did not properly treat difficulties with the woman's blood pressure...
Levin & Perconti are Super Illinois Medical Malpractice Lawyers
Posted on January 18, 2008Levin & Perconti's Steven Levin and John Perconti are 2008 Illinois Super Lawyers! Chicago Magazine has honored the two for the fourth year in a row as top Illinois Injury Attorneys. John and Steve have practiced Chicago medical malpractice law for over twenty five years...
To improve patient safety in hospitals, Illinois needs to implement a nurse to patient ratio law
Posted on January 16, 2008Illinois is one of the few states where the National Nurses Organizing Committee has sponsored a proposed bill to impose mandatory nurse to patient ratios. California has been experimenting with a hospital staffing law with revolutionary results in recent years...
Recent study shows Medicare & Medicaid fraud out of control
Posted on January 15, 2008There are many factors that contribute to why Medicare & Medicaid fraud is becoming out of control in America. Two serious contributors are overpriced prescriptions for medications, devices and treatments in addition to overspending by largely unregulated hospitals...
Hospital conduct leads to reduced patient safety and medical malpractice lawsuits
Posted on January 15, 2008In a recent medical malpractice lawsuit, a birth injury that was allegedly caused by a nurse-doctor communication breakdown yielded a $1.2 million settlement. Nurses were concerned that the birth was taking too long, but were hesitant to consult the doctor about these fears due to his reputation of angry responses to perceived criticism...
Illinois judge awards $4.5 in medical malpractice lawsuit under the Federal Tort Claims Act; doctors failed to diagnose fatal illness
Posted on January 14, 2008A $4.5 million medical malpractice award was recently made in Illinois following the wrongful death of a woman infected with AIDS. Because the woman was being treated at a federal clinic, the case was tried under the Federal Tort Claims Act. The doctors at the Chicago clinic allegedly failed to recognize the complaints and symptoms of the patient which would have led to the diagnosis of lactic acidosis, a potentially fatal side-effect of some HIV/AIDS treatment drugs...
2004 Illinois patient safety laws monitoring medical malpractice still not implemented
Posted on January 11, 2008The Illinois Hospital Report Card, the Illinois Consumer Guide to Health Care and another project meant to monitor medical malpractice issues in Illinois hospitals were groundbreaking and exciting initiatives passed in the state in the last four years...
Fatal brain injury caused by a doctor with a history of medical malpractice leads to new legislation
Posted on January 10, 2008The mother of a 22-year-old victim of medical malpractice has recently sponsored a new law requiring doctors to make past medical malpractice settlements and verdicts against them public. The mother claims that her son was given an unnecessary surgery causing a brain injury that made him partly-paralyzed, half-blind and psychotic after his brain was jostled by the neurosurgeon...
Illinois health care and medical malpractice reports overdue
Posted on January 09, 2008Illinois participated in the nation-wide trend to pass legislation making it mandatory to publish health care "report cards" disclosing information about hospital acquired infections and medical malpractice. But while over a dozen states have begun posting the information on the internet, Illinois has yet to move forward with the initiative...
Wrongful death lawsuit may be filed against jail that ignored symptoms, causing death
Posted on January 09, 2008A wrongful death lawsuit is being contemplated by the family of a man who died of a "medical related" cause while an inmate in a jail. The investigation is still continuing; the coroner's report said that the death was caused by medical reasons, implying negligence...
Wrongful death lawsuit brought against doctor who negligently prescribed drugs to driver who killed a child in auto accident
Posted on January 08, 2008If physicians do not warn patients of the risks medications have on driving ability, they now can be held liable in an automobile accident lawsuit. In a recent suit, a boy was killed in a car accident by a man prescribed eight different medications by his doctor and was not warned of their side effects...
Birth injury verdict thrown out after jury was allegedly unfairly influenced
Posted on January 08, 2008A $14 million medical malpractice verdict in favor of a boy who was brain damaged during birth has been tossed by a New York appellate court based on the defense's allegations that the jury was unfairly influenced by both the plaintiffs and the judge...
Medical errors no longer covered by Medicare and Medicaid; private insurers to follow suit
Posted on January 06, 2008The Centers for Medicare and Medicaid Services (CMS) has announced officially that beginning in October 2008 expenses incurred from medical mistakes made by health care providers will no longer be eligible for reimbursement. Providers will also be prohibited from charging patients for these expenses...
Hospital settles lawsuit regarding surgical error in teen?s death
Posted on December 25, 2007A hospital recently settled a medical malpractice lawsuit regarding the death of a 17 year-old who died following surgery in 2004. The medical malpractice victim was an active teenager who underwent surgery in December 2004 to upgrade a device implanted in her brain when she was an infant to prevent fluid from building up...
Illinois medical malpractice trial begins in Springfield
Posted on December 24, 2007An Illinois medical malpractice lawsuit trial recently began where a Springfield, Illinois pathologist misdiagnosed an infection in the medical malpractice victim?s back as cancer in 1998. This misdiagnosis caused preventable spine damage that required several surgeries and left the victim unable to work...
Doctor facing malpractice lawsuits files for bankruptcy
Posted on December 23, 2007A former doctor facing more than 120 medical malpractice lawsuits filed for bankruptcy. The bankruptcy filing could delay the medical malpractice lawsuits, but several plaintiffs have asked the bankruptcy court to allow those cases to move forward. For the full article...
Cook County, Illinois hospitals sued for faulty mammograms
Posted on December 22, 2007Stroger Hospital in Chicago, Illinois and other Cook County medical clinics face Illinois medical malpractice lawsuits over faulty mammograms in two separate cases. The lawsuit was filed on behalf of an Illinois medical malpractice victim who passed away from breast cancer...
Woman mis-diagnosed with HIV receives $2.5M jury award in medical malpractice lawsuit
Posted on December 21, 2007A Massachusetts woman who was prescribed a regimen of powerful drugs for several years after being misdiagnosed with HIV recently received a $2.5 million jury award in a medical malpractice lawsuit. The 45 year-old brought the medical malpractice lawsuit against one of the doctors who treated her after being misdiagnosed with HIV in 1994...
Medical malpractice lawsuit settlement reveals lengthy malpractice history
Posted on December 20, 2007In 1999, a 52 year-old woman had serious back pain and drove with her husband to the busy clinic of a doctor, whom they immediately liked because of his concern for the woman. Thirteen months later, that woman died from aggressive lymphoma that her husband now believes could have been the cause of the terrible back pain...
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