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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

Two Brian Surgeons Accused of Failing to Operate on a Patient

Posted on September 30, 2009
Two 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, 2009
The 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, 2009
The 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, 2009
Tom 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...

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Family Sue Doctor for Dad?s Wrongful Death

Posted on September 28, 2009
The 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, 2009
Every 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, 2009
A 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, 2009
A 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, 2009
President 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, 2009
In 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, 2009
Washington 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, 2009
Many 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, 2009
Yesterday 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, 2009
The 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, 2009
Smith 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, 2009
Two 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, 2009
The 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, 2009
The 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, 2009
This 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, 2009
Recently, 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, 2009
While 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, 2009
A 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, 2009
After 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, 2009
The 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, 2009
Senate 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, 2009
In 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, 2009
After 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, 2009
President 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, 2009
Matthews 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, 2009
The 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...

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