February 8, 2010

Illinois Supreme Court Makes Right Decision

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. Not only does precedent require this decision, it also shows that the Supreme Court can make the right decision for Illinois. By declaring medical malpractice caps unconstitutional, they showed their commitment to patient’s rights. Families rely on court-determined compensation in order to rebuild their life after a devastating medical error. By instituting medical malpractice caps, the legislature tried to take away the judicial branches right to decide. Thankfully, the Illinois Supreme Court brought the decision back to the bench. To read more about the medical malpractice decision, please click the link.

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Posted In: Malpractice Caps, Medical Malpractice Attorneys

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February 7, 2010

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

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. The victim’s family then filed a medical malpractice lawsuit. This death is one of the 98,000 deaths that occur due to medical error. To learn more about the medical error, please click the link.

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Posted In: Verdicts and Settlements, Wrongful Death

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February 5, 2010

Case Law Update: Medical Malpractice Caps Deemed Unconstitutional in Illinois

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. The Illinois Supreme Court found that the caps were an interfereance with the judicial branch’s authority to reduce verdicts. Since the noneconomic damages provision is not severable from the statute, the Court found that the entire statute is invalid. This important case is a victory for those who value patient’s rights and will have a great effect on Illinois medical malpractice law.

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Posted In: Tips for Lawyers

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February 4, 2010

Illinois Declares Medical Malpractice Caps Unconstitutional

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. This would be the third time that the Illinois Supreme Court rejected medical malpractice caps. The court told lawmakers that they could not limit the amount of money that a medical malpractice victim could win in court. The Illinois Supreme Court found that the legislature had violated the separation of powers by infringing on the powers of the judiciary. The ruling revolves around the case of a 4 year old victim who was a victim of medical negligence. This medical error caused the girl’s brain damage at birth. This is a landmark case that will help the victims of medical malpractice throughout the state of Illinois. Now that malpractice caps have been lifted, the victims may receive funding that is needed to survive. The lawyers at Levin & Perconti applaud the Illinois Supreme Court for their support of patient’s rights. A victim deserves to be rightfully compensated for their injuries. To read reaction to the important decision, please click the link.

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Posted In: Tort Reform, Legislation, Malpractice Caps, Medical Malpractice Attorneys

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February 4, 2010

Illinois Supreme Court Rules on Medical Malpractice Caps

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. ITLA president, Peter J. Flowers, applauded the Court’s decision, noting it will shift the focus to “meaningful insurance reform” that will cut costs for doctors and patients and will give Illinois residents access to quality care.

The Chicago medical malpractice lawyers at Levin & Perconti support the Court’s ruling. Medical malpractice laws were designed to protect patients injured through no fault of their own. These laws allow victims to seek fair compensation for a health care provider’s mistakes. We are pleased that the Court ruled to protect patients’ rights to hold doctors and hospitals accountable.

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Posted In: Tort Reform, Malpractice Caps, Medical Malpractice Attorneys, Medical Malpractice Lawsuit

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February 3, 2010

Medical Malpractice Verdict $16.5 Million Verdict

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. He was operated on two days after the injury and left the hospital a paraplegic. The victim recovered for past and future lost earning, medical costs and damages for pain and suffering. Medical personnel must be extremely efficient in order to avoid medical malpractice. To learn more about the medical malpractice verdict, please click the link.

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Posted In: Verdicts and Settlements

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February 2, 2010

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

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. The woman had filled out a form that clearly stated she had a pain in her breast. The medical malpractice lawsuit claims that the family doctor had felt something in the victim’s breast during a breast exam and encouraged her to seek a mammogram. It was then discovered that she had a cancerous tumor growing in her breast. The cancer spread to a bone in her back and it was determined that the cancer was incurable. To learn more about the medical malpractice lawsuit, please click the link.

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Posted In: Failure to Diagnose Cancer, Misdiagnosis, Failure to Diagnose

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January 31, 2010

Oral Surgeon Named in Medical Malpractice Lawsuit

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. The oral surgeon had used a burr to separate her teeth and make the extraction easier. However, somewhere in the surgery the burr became detached and lost. When the victim came back to the dentist’s office he stated that she was feeling normal pain. She later had to go to the hospital to receive medical attention for the dental error. Doctors performed a magnetic scan in order to find the drill bit which only caused it to move further within her head. The drill bit has now been removed but she still may suffer from nickel poisoning. This type of dental error could have implications on the victim’s health for years to come. To read more about the dental malpractice lawsuit, please click the link.

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Posted In: Dental Malpractice

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January 31, 2010

13 Hospitals are Fined for Medical Errors

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. There was also a fine given to a hospital that misdiagnosed an ectopic pregnancy. A woman’s oxygen levels were not monitored correctly, leading to another fine. A patient died after nurses failed to notice that his heart monitor was disconnected. These are just a few of the examples of the 98,000 people who die every year as a result of medical error. To learn more about the hospital fines, please click the link.

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Posted In: Failure to Maintain Records, Misdiagnosis, Surgical Error, Government Reports

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January 30, 2010

Class Action Medical Malpractice Filed Regarding Stints

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. The class-action lawyers state that the stents were implemented because of their $10,000 procedure costs. The hospital did not comment on the medical malpractice lawsuit.. Surgeries should only be performed if they are in the interest of the patient. To read into the class-action lawsuit, please click the link.

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Posted In: Medical Devices, Surgical Error

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Disclaimer

The purpose of this blog is to deliver news and information that is relevant to our areas of practice. The news and information reported on this blog represent the legal actions of attorneys throughout the United States. Our firm does not claim to represent plaintiffs in all of the lawsuits, settlements, and jury verdicts reported, only those noted as Levin & Perconti cases.

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