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Personal Injury Law

Illinois Medical Malpractice Blog

Personal injury issues.
By Steven M. Levin and John J. Perconti

Post Frequency: 5.6/day

Last Entry: June 10, 2020 at 09:37:56

Jury Awards Family $10 Million in an Ambulance Birth

Posted on April 09, 2010
A jury has awarded a medical malpractice victim $10 million. The Orlando Sentinel is reporting that the jury found the ambulance service at fault for the victim?s son?s premature birth injuries incurred in the ambulance. The medical malpractice trial lasted two-weeks...

Family Wins Medical Malpractice Suit Against Chicago Hospital

Posted on April 07, 2010
A Gurnee, Illinois family has won a $29.1 million verdict in a medical malpractice lawsuit that was decided in federal court. The Daily Herald is reporting that the verdict benefits the 6-year-old victim who is now a quadriplegic suffering from cerebral palsy...

Chicago, Illinois Medical Malpractice Lawyers: Failure to Diagnose Cancer Has Many Consequences

Posted on April 05, 2010
A common form of medical malpractice occurs when a provider carelessly or negligently fails to identify medical conditions or properly treat a patient in his or her care. While a health care provider?s liability under medical malpractice law does vary from state to state; all states recognize ?failure to diagnose? as an actionable offense under certain circumstances...

Medical Center Investigates After Child?s Death

Posted on April 03, 2010
A Medical Center is investigating after a child wrongfully died in their care following an organ transplant. The two-year old?s death may have possibly been the result of an accidental overdose of the blood thinner heparin. They recently released a statement declaring that they were investigating the death after an apparent overdose of a blood thinner...

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Jury Awards Sepsis Victim $1.44 Million

Posted on April 02, 2010
The family of a victim who wrongfully died of sepsis at a hospital will receive $1.44 million after a jury determined that his doctor failed to provide him with proper care. The medical malpractice verdict was declared several weeks after this specific hospital notified almost 530 patients that they may have received unnecessary coronary stent implants...

Woman Files Medical Malpractice Lawsuit after she was Set on Fire During Surgery

Posted on March 31, 2010
A family of a medical malpractice victim has sued the surgeon they believe is responsible for the error. According to NewsOn6.com the fire broke out during the victim?s surgery. She was undergoing breast reconstruction surgery when the fire sparked...

Doctors at Swedish Hospital are sued for Wrongful Death

Posted on March 29, 2010
The family of a medical malpractice victim who died at a hospital has filed a wrongful death lawsuit against the doctors. The family states that the victim underwent surgery to remove a noncancerous mass and later died from peritonitis that was improperly diagnosed after the surgery...

Cap on Non-Economic Damages Declared Unconstitutional

Posted on March 28, 2010
In a unanimous decision, the Georgia Supreme Court declared the cap on non-economic damages in verdicts in medical malpractice cases unconstitutional. The $350,000 cap on awards was the heart of the 2005 attempt at tort reform by the Georgia legislature...

Medical Malpractice Lawsuit cites Mishandling of Football Concussions

Posted on March 26, 2010
The New York Times has reported that an Arena Football League player filed a medical malpractice lawsuit claiming that a team doctor has misdiagnosed his concussion two years ago. This medical error has resulted in a permanent injury for the football player...

Case Law Update: Statute of Limitations in Medical Malpractice

Posted on March 26, 2010
Uldrych v. VHS of Illinois, No. 1-08-3278 (3-2-10) affirmed that actions for implied indemnity are subject to four-year period of repose in Section 13-212(a) of Code of Civil Procedure. Thus, Hospital's implied indemnity claim against physicians, which was filed 1 1/2 years after expiration of period of repose, was properly dismissed as untimely...

Family awarded $1.25 Million in Medical Malpractice Case

Posted on March 24, 2010
The Washington Post is reporting that a jury has awarded the family of a medical malpractice victim nearly $3 million. The victim was a man who died after his esophagus tore while he was swallowing a piece of steak. The medical malpractice jury found that the radiologist was liable for misdiagnosing the man?s condition as a hiatal hernia...

Congress Passes Health Care Bill

Posted on March 23, 2010
House Democrats achieved a great feat last night by reshaping the American health care system to extend insurance coverage to almost 32 million people. The 219-212 vote secures a historic win for President Obama. The president stated that this isn?t radical reform but major reform...

Case Law Update: Use of Experts in Medical Malpractice Closing Argument

Posted on March 19, 2010
Wilbourn v. Cavelenes, No. 1-08-3609 (2-10-10) affirmed a decision involving a medical malpractice case jury trial with a verdict for the Defendants. The trial court was within its discretion in striking one basis for the Plaintiff's expert's opinion as to why Defendant surgeon used certain compression plate for fracture, and in instructing the jury to disregard expert's statement that he had never seen or heard of other type of plate failing or breaking within one month...

Chicago, Illinois Medical Malpractice Attorneys Urge Congress to Keep Tort Reform Out of Healthcare Reform

Posted on March 19, 2010
According to the Washington Post, Democrats in Congress released the final version of the proposed healthcare legislation that the House is set to vote on this Sunday. President Obama is now working to secure enough votes to pass this legislation in Congress...

Illinois Hospital named in Wrongful Death Complaint

Posted on March 19, 2010
The family of a medical negligence victim is blaming nurses at an Illinois hospital for the victim?s death. They believe that these nurses were guilty of a number of negligent acts. The woman was first admitted to the Illinois hospital with signs and symptoms of respiratory infection...

Tort Reform Does Not Equal Health Care Reform

Posted on March 17, 2010
Many of those opposing President Obama?s health care plan are maintaining that the solution to the health care lies in the inaction of tort reform. Recently, at a health care summit, Representative John Boehner, proclaimed that the costs of malpractice insurance have become the country?s biggest cost driver...

Medical Malpractice Payments Continue to Fall

Posted on March 15, 2010
The National Practitioner Data Bank has determined that fewer medical malpractice payments were made on behalf of doctors in 2009 than any year on record. This statistic contradicts the GOP claims that medical malpractice litigation is to blame for rising healthcare costs that the elimination would help save health care...

Patient Safety Awareness Week leads us to Remember Injured Patients

Posted on March 13, 2010
Anthony Tarricone, President of the American Association for Justice, published a piece in the Huffington Post reminding the public to remember those who have fallen victim to medical error. This week is Patient Safety Awareness Week, which is an annual national education and awareness campaign...

Senate Panel will Investigate recent Deaths in Long-Term Care Facilities

Posted on March 11, 2010
Last month this blog discussed the large number of people that have become victims to medical negligence at long-term health care facilities. This issue had gained national attention due to the increased presence of long-term care facilities nation-wide...

Tort Reform Cures Few of Our Nation?s Health care Ailments

Posted on March 09, 2010
The Republicans have come up with many ways to damage health care debate. They include letting families and business buy health insurance across state lines which would bring extra problems to the health care industry. However the GOP?s worst idea, and yet the one that might actually be implemented, is limiting a victim?s ability to file a medical malpractice lawsuit...

Case law: Collateral Estoppel in Medical Malpractice

Posted on March 07, 2010
Long v. Elborno, No. 1-08-1733 (1-21-10) answered the question of whether the refilling of an action against physician was not continuation of previous action, but created entirely new action, thus law of the case doctrine inapplicable. Court had previously found Plaintiff failed to exercise reasonable diligence in serving Hospital; thus, collateral estoppel applies to prevent Plaintiff from asserting that she was reasonably diligent in serving physician, when her actions were identical for both parties during this time, and physician was not served for an additional four months after service on Hospital...

The Whole Truth About both the Medical malpractice and the Insurance Industry

Posted on March 06, 2010
While we all watch the U.S. Congress debate whether or not medical malpractice law needs to be reformed it is important to know the facts when it comes to the insurance industry. For example, do you know that Illinois? largest malpractice insurer?s payouts have remained flat for over a decade? This has occurred despite the fact that premiums and profits have skyrocketed...

Health Care Debates Continue to Include Medical Malpractice

Posted on March 05, 2010
The American Association for Justice has spoken out about the constant struggle for health care reform. Currently the House of Representatives is debating whether or not to vote on the Senate passed health care bill. This means that if the House has a majority vote the Senate bill will become a law...

Prescription Error Made by Amateur Pharmacy Technician Kills Mother of Three

Posted on March 04, 2010
The Florida Appeals Court upheld an almost 26 million dollar verdict against a Walgreens Pharmacy after a teenage pharmacy technician improperly filled a prescription and killed a mother of three. The pharmacy technician typed in ?ten milligrams? on the mother?s prescription when she should have typed one milligram...

The Truth About Health Courts

Posted on March 03, 2010
In the ever continuing medical malpractice and health care debate a new proposal has emerged. This involves what are being referred to as ?health courts? which would force all medical malpractice cases out of the court system. While these courts promise faster, more reliable system of resolving medical malpractice claims, they do not paint all sides of the story...

Chicago Hospital Accused of Medical Malpractice

Posted on March 01, 2010
A woman who battled against malaria has filed a medical malpractice lawsuit against the first hospital where she received treatment. The medical malpractice lawsuit contends that the hospital allowed her condition to deteriorate so thoroughly that her arms and legs had to be amputated...

Tort Reform Detrimentally Harms Victims of Medical Negligence

Posted on March 01, 2010
All too often the public does not hear about the detrimental effects tort reform has on the hundreds of thousands of victims whom are injured by medical malpractice each year. Tort reform puts a cap on compensation for victims of medical negligence. The Huffington Post points out the specific case of Lisa Gurley...

Case Law Update: Motions in Limine in Medical Malpractice

Posted on February 27, 2010
Martinez, v. Elias, M.D., No. 1-08-0265 (12-28-09) found that the court properly denied motion in limine to bar evidence of a financial motive to perform surgery, which the plaintiff claimed was unnecessarily performed by defendant orthopedic surgeon; it was found to be proper to permit evidence of financial motive in limited and specific manner to address issue of compliance with standard of care...

Obama Disputes Republicans Claims that Medical Malpractice Lawsuits Drive Inflation

Posted on February 26, 2010
At the recent health care summit President Obama stated that Republicans are overstating the effects that medical malpractice has on the health care system. He disputed the Republican?s claim that medical malpractice lawsuits are the biggest driver of medical inflation...

AAJ Responds to Op-Eds on Medical Malpractice Tort Reform

Posted on February 25, 2010
The American Association for Justice issued a quick response to Rep. Darrell Issa?s ?misinformed? op-eds that were released this morning. The AAJ did so to present accurate information surrounding medical malpractice tort reform to reporters and the public...

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