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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

Case Law Update: Jury Instruction in Medical Malpractice

Posted on June 04, 2009
Studt 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, 2009
A 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, 2009
A 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, 2009
According 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...

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Hospital Named in Negligence Suit

Posted on June 01, 2009
A 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, 2009
The 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, 2009
According 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, 2009
A 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, 2009
A 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, 2009
A 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, 2009
The 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, 2009
A 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, 2009
A 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, 2009
A 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, 2009
According 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, 2009
An 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, 2009
According 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, 2009
A 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, 2009
A 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, 2009
Ed 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, 2009
Recently, 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, 2009
An 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, 2009
A 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, 2009
A 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, 2009
Recently, 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, 2009
Wallace 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, 2009
Medical 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, 2009
A 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, 2009
A 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, 2009
A 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...

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