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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

New Website Discusses Ways to Prevent Medical Error

Posted on February 25, 2010
An Illinois woman has started a website designed to improve hospital safety entitled Campaign Zero. She began the website after Medicare discontinued reimbursing hospitals for preventable hospital hazards. The website focuses on preventing medical errors by zeroing in on what can be prevented with a little bit of knowledge...

Illinois Insurers Asked to Comply with 2005 Medical Malpractice Laws

Posted on February 23, 2010
Earlier this month, the Illinois Supreme Court ruled that caps on non-economic damages in medical malpractice lawsuits were unconstitutional. In doing so, the Court also invalidated the 2005 medical malpractice regulatory reforms that were contained in the Act...

Illinois Trail Lawyers Reveal the Truth about Medical Malpractice

Posted on February 22, 2010
In 2005, the Illinois legislature enacted an arbitrary $500,000 cap on the total amount of non-economic damages that can be recovered by patients in medical malpractice cases and a $1 million cap in those cases against hospitals. The Illinois Supreme Court recently ruled that this law was unconstitutional and limited patients? rights...

No Medical Malpractice Reform in President?s Healthcare Proposal

Posted on February 22, 2010
Leading up to Thursday?s bipartisan healthcare summit, the White House released the President?s Proposal on Healthcare Reform. The proposal includes many pieces of the House and Senate bills that have been debated over the last six months, however, the president did not include any medical malpractice revisions...

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Dangerous Caregivers go Missing from Federal Database

Posted on February 22, 2010
Two decades ago, Congress created a national database to stop dangerous or incompetent caregivers from crossing state lines. The database allowed hospitals to check for disciplinary actions taken anywhere in the country against nurses, pharmacists, psychologists and other licensed health professionals...

Medical Malpractice Caps Won?t Stop Rising Health Spending

Posted on February 21, 2010
Currently 75% of the country believes that we should have health care reform. Republicans are trying to use this need for change to introduce tort reform and medical malpractice caps. They are using a new Congressional Budget Office report that said tort reform could save $41 billion over the next decade to tout their proposals...

Medical Malpractice Survivors Urge President Obama to keep out ?Tort Reform?

Posted on February 20, 2010
A group of medical malpractice survivors sent letters to President Obama and the Congressional leadership urging them to keep additional ?tort reforms? out of the health insurance reform bill. They are responding to pressure he has been feeling from the insurance and medical lobbies to limit patients? legal rights...

Medical Malpractice Caps Are Not the Answer

Posted on February 18, 2010
As the health care debate continues, an editorial in the St. Louis Dispatch emphasized that medical malpractice tort reform would do little to bring down the overall cost of health care in the United States. The editorial anticipates that heading into the bipartisan health care summit on February 25, Republicans will again push for medical malpractice caps to control the soaring costs of health care...

Illinois Trail Lawyers Reveal the Truth about Medical Malpractice

Posted on February 16, 2010
In 2005, the Illinois legislature enacted an arbitrary $500,000 cap on the total amount of non-economic damages that can be recovered by patients in medical malpractice cases and a $1 million cap in those cases against hospitals. The Illinois Supreme Court recently ruled that this law was unconstitutional and limited patients? rights...

Long-Term Health care Hospitals Face Less Scrutiny

Posted on February 15, 2010
Long-term acute care hospitals have been in operation nationally for the first 25 years. There are more than 400 long-term facilities nationwide. Most are owned by for-profit companies and few of them have doctors and staff. Two large owners of nursing homes are Select Medical Corporation and Kindred LTC hospitals...

ongressman?s Death Raises Questions Over how to Prevent Medical Errors

Posted on February 12, 2010
Congressman Murtha?s recent death has raised questions about the complications of gallbladder surgery. Many are left wondering if the influential lawmaker was among nearly 100,000 people who die in U.S. hospitals annually because of medical errors. While Congressmen debate health care on the hill, it is time that they reflect on the death of one of their own...

Reactions to Illinois Supreme Court?s Medical Malpractice Case

Posted on February 11, 2010
Last week, the Illinois Supreme Court reached a landmark decision which ruled that medical malpractice caps are unconstitutional. The Illinois Supreme Court decided that patient?s rights were more prevalent than the needs of the insurance company. They overruled an Illinois statute that capped pain and suffering at $500,000 from a doctor and $1 million from a hospital for negligent medical care...

Illinois Supreme Court Makes Right Decision

Posted on February 09, 2010
Lately, the media has focused on how many of this nation?s Supreme Courts are committing judicial activism. However, the recent decision by the Illinois Supreme Court is evidence that the Illinois Supreme Court can make ?non-activist? decisions. They did so by rightfully declaring that the 2005 cap on medical malpractice awards was unconstitutional...

Family Awarded $2.9 Million Settlement After Son Killed by Oxygen Tank

Posted on February 08, 2010
The family of a 6-year-old boy who wrongfully died after he was struck in the head by an oxygen tank reached a $2.9 million settlement with the hospital. The boy was lying in an MRI chamber when the machine?s magnets pulled in a metal tank that a staff member had brought into the MRI?s magnetic field...

Case Law Update: Medical Malpractice Caps Deemed Unconstitutional in Illinois

Posted on February 05, 2010
The landmark Illinois Supreme Court Case of Lebron, a Minor v. Gottlieb Memorial Hospital was decided on Feb. 2, 2010. The Illinois case decided that damage caps on medical malpractice case awards for noneconomic damages, such as pain and suffering, was in direct violation of the separation of powers...

Illinois Declares Medical Malpractice Caps Unconstitutional

Posted on February 05, 2010
The Illinois Supreme Court showed their support for patient?s rights today by ruling that medical malpractice caps violate the state?s Constitution. The ruling strikes down a statute that would limit awards for noneconomic damages such as pain and suffering...

Illinois Supreme Court Rules on Medical Malpractice Caps

Posted on February 04, 2010
Today, the Illinois Supreme Court handed down a ruling in favor of patients and victims of medical malpractice throughout the state. According to a press release issued by the Illinois Trial Lawyers Association, the Court ruled that medical malpractice caps are unconstitutional in a lawsuit about a young girl who suffered a significant brain injury due to medical negligence...

Medical Malpractice Verdict $16.5 Million Verdict

Posted on February 04, 2010
A couple has received a $16.5 million verdict in a medical malpractice case against a neurosurgeon. The jury deliberated for eight hours. The man was injured while off-roading his vehicle. He had a fractured spine and was not seen by a doctor until the next day...

Woman Files Medical Malpractice Lawsuit after Doctor Fails to Detect Breast Cancer

Posted on February 03, 2010
A gynecologist failed to discover a growing mass on a woman?s breast. The mass was then detected a year later by her family physician and was determined to be terminal cancer. The 34-year-old woman has filed a medical malpractice lawsuit against her gynecologist claiming that the doctor failed to discover the cancer during her exam...

Oral Surgeon Named in Medical Malpractice Lawsuit

Posted on February 01, 2010
A woman?s dental surgery has spurred a medical malpractice suit. The lawsuit claims that the oral surgeon left a drill bit in the victim?s right maxillary sinus. This left her with dizziness, pain, nosebleeds and a sinus infection. The medical malpractice lawsuit named the oral surgeon and the health group in the suit...

13 Hospitals are Fined for Medical Errors

Posted on February 01, 2010
A state?s officials have fined 13 hospitals for medical errors that have killed or seriously injured patients. A report shows that one hospital was fined $50,000 with the death of a patient that died after he pulled out his tracheotomy tube although there were instructions that that patient be restrained and supervised...

Cookson v. Price, No. 109321 presented

Posted on January 31, 2010
Cookson v. Price, No. 109321 presented the question as to whether trial court properly dismissed plaintiff's medical malpractice claim for failure to provide sufficient physician's report required under 735 ILCS 5/2-622 where plaintiff attempted to amend insufficient report with second report that had been authored by different medical professional...

Class Action Medical Malpractice Filed Regarding Stints

Posted on January 31, 2010
Medical malpractice attorneys have filed a class action lawsuit against a hospital after it informed more than 350 patients that they may have received unnecessary heart stents. The hospital had recently sent letters to the patients informing them that they may have received stents even though their arteries were not in fact clogged enough that they would need such a stent...

Health Care Bill Still in Jeopardy to Medical Malpractice

Posted on January 28, 2010
Recently Senate Minority Leader Mitch McConnell stated on Meet the Press that the health care overhaul should reduce the number of medical malpractice lawsuits. He believes that malpractice is an area where Democrats should show more flexibility in the revised health care legislation...

Illinois Medical Malpractice Lawsuit Claims Fetal Distress Not Detected

Posted on January 27, 2010
A Collinsville, Illinois woman claims her daughter died after her doctor allegedly failed to provide her with proper pre-natal care. She filed the medical malpractice lawsuit against both the hospital and physician. The medical malpractice lawsuit claims that the doctor breached her duty of care by failing to monitor or assess the fetal viability during the pregnancy in light of the existing medical conditions...

Woman Files Medical Malpractice Lawsuit after Cancer went Undiagnosed

Posted on January 27, 2010
A woman claims a doctor and a hospital failed to properly interpret the results of a biopsied piece of vaginal tissue that turned out to be malignant. The medical malpractice lawsuit was filed after the doctors failed to diagnose her with cancer. Doctors first removed the vaginal tissue samples from her and performed a biopsy...

Medical Malpractice System Must Survive Healthcare Overhaul

Posted on January 26, 2010
Despite Republican efforts to enact tort reform, the recent healthcare bills leave the country?s medical malpractice system in tact. This is because medical malpractice lawsuits are often the only recourse for thousands victimized by medical error. Studies show that approximately 98,000 patients are killed each year by medical errors...

Woman Claims she was Burned During Childhood Surgery

Posted on January 24, 2010
A woman blames her third degree burns on the medical negligence of doctors at a Children?s Hospital before a surgery. She filed the medical malpractice lawsuit against the hospital. She claims she became a patient in 2002 for surgery to treat her hyperparathyroidism...

Catching Deadly Drug Mistakes

Posted on January 24, 2010
Although efforts have been made to make medications safer, medication errors take place in hospitals throughout the country. Studies show that medication errors cause at least one death every day and injure approximately 1.3 million people annually. A new effort is being made to quickly spread the word about such errors and offer guidance on how to prevent similar mistakes...

Couple Sues Surgeon for Medical Malpractice

Posted on January 22, 2010
A couple is suing their doctor for medical malpractice claiming that the physician deviated from appropriate medical standards. The medical malpractice lawsuit claimed that due to this deviation the plaintiff was injured. The doctor supposedly failed to see the patient for almost 10 days post-surgery and that he was prematurely discharged from the hospital...

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