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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

Man Sues Dentist for Unnecessary Root Canal

Posted on January 22, 2010
A Chicago man has filed a medical malpractice lawsuit against his dentist after he claims he underwent an unnecessary root canal and extraction. According to the medical malpractice lawsuit the man visited a doctor complaining of pain in his 20th tooth...

Medical Malpractice Caps Hurt Victims and Help Insurance Companies

Posted on January 18, 2010
A woman went to the hospital to have her fallopian tubes tied and left with two punctured holes in her bladder. This near-death experience resulted in the woman having chronic pain and a flesh eating virus. The victim couldn?t move, speak and she had no muscle control...

Medical Malpractice Lawsuit Filed against Hospital

Posted on January 17, 2010
A man who developed an infection after donating blood at a hospital has filed a medical malpractice lawsuit. In the past 10 years, the 43 year old had regularly donated his O-positive type blood for free at the blood center. However, in April 2009 he came down with a debilitating infection...

Case Law Update: Motions in Limine in Medical Malpractice

Posted on January 16, 2010
Martinez v. Elias, No. 1-08-0265, (12-28-09) found that the court properly denied a motion in limine to bar evidence of financial motive to perform surgery, which plaintiff claimed was unnecessarily performed by defendant orthopedic surgeon; proper to permit evidence of financial motive in limited and specific manner to address the issue of compliance with standard of care...

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Medical Malpractice Lawsuit Settled

Posted on January 15, 2010
An undisclosed settlement was reached in a medical malpractice trial involving a woman who became disabled following a surgery. The woman filed the medical malpractice lawsuit against the hospital and the estate of her surgery. She had undergone surgery for a perforated ulcer...

Medical Malpractice Lawsuit Gives Family $7.5 Million

Posted on January 15, 2010
One man lost his wife to medical negligence after a perforated bowel. The retired police office and his sons settled a wrongful-death lawsuit in Cook County Circuit Court against the Little Company of Mary Hospital and two other entities. The $7.5 million settlement with the hospital set a Cook County record for a settlement in a wrongful death of an adult without minor children...

Jury Selection Begins in Hospital Negligence Trial

Posted on January 14, 2010
Patients are contending that a hospital is liable for deaths after Hurricane Katrina because the hospital failed to adequately prepare for the disaster. This is the first trial that accuses a health-care institution of general negligence. Medical malpractice lawyers for the family hope to convince the jury that executives at the hospital were aware that generators were inadequate and deliberately put off costly emergency preparedness improvements...

Man Files Medical Malpractice Lawsuit after Doctors Leave Device in his Knee

Posted on January 13, 2010
A man says he suffered 10 weeks of pain and stiffness before his doctors discovered that they had left a broken device in his knee during his surgery. The man has filed a medical malpractice lawsuit after the event and is suing for unspecified damages...

Athlete who Lost Legs to Disease Sues Hospitals and Doctors

Posted on January 12, 2010
A former student athlete and his parents have filed a medical malpractice lawsuit against his doctors and hospitals nearly a year after a flesh-eating bacterium led to the amputation of his legs. The medical malpractice lawsuit seeks damages in excess of $25,000 and was filed against more than 15 doctors, their companies and two hospitals...

People Anxiously Await Medical Malpractice Ruling

Posted on January 10, 2010
Last month the Illinois Supreme Court decided to delay its ruling on the constitutionality of the Illinois Medical Malpractice Act of 2005. This ruling would determine whether or not medical malpractice caps were legal in Illinois. The issue came before the Court in the 2007 Abigaile Lebron v...

Illinois Medical Malpractice Attorney Writes Letter to Editor Concerning Malpractice Caps

Posted on January 09, 2010
The Vice President of the Illinois Trial Lawyers Association Greg Shevlin recently wrote a letter to the editor concerning the upcoming medical malpractice debate. Currently important legislation is facing the Illinois Supreme Court concerning medical malpractice caps...

Family Blames Doctor for Victim?s Suicide

Posted on January 08, 2010
A doctor who specializes in pain and addition is facing a wrongful death lawsuit. This lawsuit was filed by the family of a former patient who state that the victim became addicted to drugs while under the doctor?s care before he committed suicide. The medical malpractice lawsuit states that the doctor turned the victim into a drug addict through a regular regimen of addictive painkillers and anti-anxiety drugs...

Mom of Nine Claims she was Sterilized Against her Will

Posted on January 08, 2010
A 35-year-old mother of nine has filed a medical malpractice lawsuit against a hospital, three doctors and two nurses alleging that they sterilized her against her will. The lawsuit claims that this violated her reproductive rights. The woman has nine children aged 3 to 21 and claims that the doctors were supposed to implant an intrauterine device, which is a kind of reversible birth control, after she gave birth to her soon...

Illinois Medical Error Reporting Law set to be Implemented

Posted on January 07, 2010
Ten years ago a report stated medical mistakes kill up to 98,000 Americans yearly. In 2005, Illinois legislators finally decided to do something and passed a measure requiring hospitals to report the deadliest kind. However, the law has yet to be implemented and it still won?t be for at least another year...

County Settles Lawsuit Over Injured Patient

Posted on January 06, 2010
A county is paying $1.3 million to settle a medical malpractice lawsuit over the injuries suffered by a mentally disturbed patient. This patient injured himself when escaping out of a window of a county-owned mental hospital. Court documents say that in the 2004 incident, the 27-year-old mentally handicapped person was in a seclusion room on the hospital?s fifth floor when he climbed out a window and tried to jump 15 to 20 to a fire escape landing...

Case Law Update: Contractual Provisions in Medical Practicing Act

Posted on January 05, 2010
Keeple and Company v. Cardiac, Thoracic and Endovascular Therapies, No. 3-09-003 (12-16-09) affirmed that a fee-sharing provision in a contract between a medical clinic and a medical billing company violated the Medical Practice Act, and as it was an essential part of contract, the remaining provisions of the contract are not severable from the unenforceable provision...

Case Law Update: Statute of Limitation Under Tort Immunity Act

Posted on January 04, 2010
Kaufmann v. Jersey Community Hospital, No. 4-08-0909 (12-8-09) affirmed that a one-year statute of limitations, rather than two-year statute should be applied to bar patient's claim against community hospital, under the Tort Immunity Act, because claims against the hospital for physician's deviant sexual act while she was sedated for examination did not arise out of patient care, but out of the physician's own desire for sexual gratification...

$2.5 Million Settlement Ends Medical Malpractice Lawsuit

Posted on January 03, 2010
Hospital doctors have settled a medical malpractice lawsuit filed with a couple for $2.5 million. The victim was treated for dehydration which was the result of a gastrointestinal-related condition. The medical malpractice lawsuit claims doctors infused her with nutritional supplements through an IV in her subclavian artery, just below the collarbone, instead of the subclavian vein, where it was supposed to go...

$20 Million Verdict Reached in Medical Malpractice Lawsuit against Anesthesiologist

Posted on January 02, 2010
A jury has returned a $20 million verdict in an anesthesia medical malpractice lawsuit filed by the family of a woman who died during surgery when bile entered her lungs. The wrongful death lawsuit alleged that the anesthetists failed to identify that the victim had risk factors for breathing fluid into her lungs, despite the information being available in her medical record...

$1.2 Million Settlement Obtained for Cataract Surgery Malpractice

Posted on January 01, 2010
A $1.2 million medical malpractice settlement was reached for a woman who lost the vision in one eye due to complications resulting from negligently performed cataract surgery. The damage to the patient?s eye occurred when the surgeon attempted to inject anesthesia at the state of the operation, through what is known as a peribulbar block...

Ignored Patient Sues Hospital for Medical Error

Posted on December 31, 2009
A woman and her fianc� filed a federal medical malpractice lawsuit against two hospitals. They allege that they were ignored in a hospital emergency room so long that they returned home where the woman gave birth to a premature baby. The baby then died...

Radiation Overdoses Affected over 270 Patients

Posted on December 30, 2009
The FDA is currently in the process of investigating a series of medical cases in which over 270 patients were exposes to excess amounts of radiation. This occurred when the victim were undergoing CT brain perfusion scans. In October officials realized that patients in Los Angeles were exposed to 8 times the normal amount of radiation used in conducting these computed tomography scans...

Hospital Sued for Negligence

Posted on December 29, 2009
The daughter of a woman who died last year has filed a medical malpractice lawsuit against a hospital claiming that hospital negligence caused her mother?s wrongful death. The medical malpractice lawsuit claims that the county ?carelessly and negligently managed the care of? the victim which caused her wrongful death...

Rite Aid Drug Store is sued for Prescription Drug Error

Posted on December 28, 2009
The family of a man has sued the drug store Rite Aide, alleging that a medical error at the pharmacy led to the victim?s premature and wrongful death. The medical malpractice lawsuit alleges that Rite Aid pharmacists were negligent when they issued a lethal dose of chemotherapy drug to the man, who developed malignant melanoma that had spread to his brain in 2007...

Lawsuit Says Surgeons Left Gauze in Patient

Posted on December 27, 2009
A victim has filed a medical malpractice lawsuit after piece of gauze allegedly left behind in a patient after surgery required a follow-up procedure to remove it. The victim filed a medical malpractice lawsuit against the hospital and two doctors. Also, the victim contends that she only learned through medical records this year while the gauze was left eight years ago...

Letter to the Editor Asks to consider the Victims of Medical Negligence

Posted on December 26, 2009
Recently two health care attorneys called for the Illinois Supreme Court to uphold legislation that placed caps on non-economic damages in medical malpractice cases. However, it is obvious that much of their argument consists of long-debunked myths and unsubstantiated claims...

Tort Reform Only Hurts Victims of Negligence

Posted on December 25, 2009
President Obama has recently stated that he would be open to suggestions about constraining lawsuits by the victims of medical malpractice. While many attack lawyers and lawsuits, many forget that civil lawsuits shine a spotlight on wrongdoing, call the offenders to account, deter future misbehavior and provide for the people who have been hurt...

Senate Passes Historic Health Bill

Posted on December 24, 2009
As a Christmas present to America, the Senate made history by voting 60-39 to pass comprehensive healthcare reform legislation. The resulting bill will provide relief to millions of struggling Americans. The bill does not contain any provisions that would limit an injured patient?s rights concerning medical negligence claims...

Attorneys Want State Agency Sanctioned in Medical Malpractice Case

Posted on December 23, 2009
Attorneys for the family of woman who froze to death on the roof of a hospital are asking a judge to sanction the state Health Department for refusing to turn over notes written by inspectors who found hospital errors after her death. The notes the family seeks were taken days after her wrongful death and resulted in a critical 22-page inspection report made public in January...

Patient Falls to Death at Provena Covenant Medical Center in Urbana

Posted on December 21, 2009
On Friday, December 18, a 44-year-old woman from Cerro Gordo, IL died after falling from a seventh floor window at Provena Covenant Medical Center in Urbana. An autopsy revealed that her death was a result of multiple injuries sustained in the fall. The article reports that the victim jumped from the window and landed on a roof five stories below...

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