Illinois Medical Malpractice Blog

Too much radiation can have health consequences—almost everyone has heard the warning. Yet most people assume that dangerous radiation exposure comes only in unique situations such as by working in factories where certain chemicals are used or following a nuclear plant meltdown. Those assumptions may be misguided, as a new alert in World Wire recently issued by a local doctor reminds community members that dangerous exposure can come in much more innocuous situations.

As the American Cancer Society explains, radiation is essentially the emission of energy from any source. There are many different kinds of radiation, some more harmful than others. Each exists along a spectrum of high-energy to low-energy. In addition, that radiation can be either ionizing or non-ionizing. In general, it is only ionizing radiation that can cause cancer, because it involves high-frequency radiation that is strong enough to damage DNA cells. These potentially dangerous forms of radiation include Gamma rays and x-rays.

Of course, x-rays are something that most residents experience from time to time, as they are used for diagnostic purposes in a variety of medical settings. On many occasions this x-ray radiation exposure is a necessary evil, as the benefits of the exposure in treating a certain condition outweigh the harm that may be caused by increased radiation exposure. Yet, some doctors are questioning that balancing test in certain situations—such as in the dentist’s chair. The new alert spread by the local doctor specifically warns that unnecessary dental x-rays may lead to a significant increase in cancer risk in patients.

Many dental facilities currently take x-rays of patient mouths as part of routine checkups or when registering new patients. These x-rays are unnecessary and potentially dangerous, particularly for children. Several reports have found that the thyroid gland is the most radiosensitive organ in children. This means that radiation exposure in the head and neck may pose particularly high risks for the unsuspecting youngsters. That harm is even more possible when new “cone –beam CT scanners” are used. These new medical devices offer detailed images for dentists, but they emit much higher levels of radiation, because they are continually emitting x-rays as they travel around the patient’s mouth. The doctor issuing the release summarized the situation by noting, “Not surprisingly, the incidence of thyroid cancer has escalated by 168% since 1975. The past and continuing practice of routine dental radiation, especially in children, is flagrant dental malpractice, if not criminal.”

In the legal context, it is often difficult (but not impossible) to have overexposure of radiation as the basis for a medical malpractice suit in the event that a patient develops cancer and believes it is linked to this sort of radiation exposure. That is because the negligence law which forms the basis of most medical malpractice lawsuits often requires strong evidence to prove the “cause” element—whereby the actions of a certain defendant were shown to cause the harm. Actions that increase the risk of harm to the patient may also be uses to prove the “causal” element of the suit. Yet, those increased risk cases are usually related to more direct events—like a delayed diagnosis that increased the risk of certain harm befalling a patient. In the end, it is likely important for all local residents to simply remain very aware of these radiation concerns and to work with medical professionals closely to minimize all exposure.

Continue reading "Illinois Doctor Warns of Unrecognized Cancer Risk from Unnecessary Dental Radiation" »

A West Virginia woman has filed a medical malpractice lawsuit against her dentist for the substandard and harmful care he provided two years ago. The West Virginia Record reported yesterday on the suit that Linda Johnson filed against the Charleston Dental Association.

In January 2008, Dr. Ernest N. Pennington (a member of the dental group named in the suit) took impressions of Mrs. Johnson’s mouth. The impressions were preparatory work for a bridge which Mrs. Johnson intended to have placed in her mouth.

However, the material used for the impressions caused severe complications in Mrs. Johnson’s mouth. Her gums were eventually infected because of the material. The infection in turn had negative effects on the newly installed bridge. The bridge did not fit properly, which lead to exposed tooth roots and extreme pain.

The dental malpractice has required Mrs. Johnson to have several teeth removed, painful procedures performed, and other costly work completed. The dentist who performed these corrective measures, Dr. Richard Smith, indicated that the problems he fixed in Mrs. Johnson’s mouth were likely caused by substandard dental care in the bridge procedure.

Many dental patients do not often consider whether the complications from their dental procedures may have been the result of substandard medical care. However, just like any other form of medical malpractice, inadequate, harmful, and negligent dental work is a violation of patients’ expected level of care. Our Chicago medical malpractice attorneys at Levin & Perconti fight for victims of all types of medical malpractice, including those suffering at the hands of negligent dentists. If you may have been one of those victims, please contact representation to ensure you are compensated for your pain.

Fox News recently reported on a large-scale example of medical negligence that has put thousands of members of our armed forces at risk.

Several weeks ago the John Cochran VA Medical Center in St. Louis notified over 1,800 veterans who had been provided care at the facility that they may have been exposed to hepatitis B, hepatitis C, and HIV. Each of the armed service members had been sent to the Medical Center to receive dental care.

The potential contamination was caused by negligent dental technicians at the facility who hand-washed certain equipment instead of putting them into the special-made cleaning machines. This process is contrary to protocol and makes the equipment susceptible to contamination, in this case with forms of hepatitis and HIV. The technicians were guilty of sacrificing the care of their patients all in an effort to save time.Cleaning and sterilizing equipment is one of the basic components of proper medical care.

Medical malpractice at VA hospitals has occurred all too frequently. A hospital in Florida used contaminated colonoscopy equipment and a Philadelphia facility committed radiation errors with several veteran patients.

Also, in November a spike in patient deaths at a Veterans Affairs hospital in southern Illinois initiated a probe. According to reports, the surgeons at that Marion, Illinois facility were performing unauthorized procedures and failing to properly assess patient deaths. Eventually all surgeries at the facility had to be suspended.

Medical malpractice affects all types of hospitals, those that treat private citizens as well as our veterans. It also occurs in all types of medical procedures, from complex surgeries to routine dental work. In fact, dental malpractice is a common form of doctor error that all too often goes unnoticed and unreported.

For that reason, everyone seeking medical care should be alert to the potential errors that are caused by negligent medical professionals. If you suspect any similar negligence contact a nearby medical malpractice lawyer, like ours at Levin & Perconti, to protect your rights. Our attorneys have decades of experience protecting victims of dental malpractice and every other form of medical negligence.

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.

According to WBBM.com, a Chicago man has filed a dental malpractice lawsuit against his dentist after he claims he underwent an unnecessary root canal and extraction. According to the dental malpractice lawsuit, the man visited a doctor complaining of pain in his 20th tooth. The dentist subsequently performed a root canal on the tooth, but the pain came back. He then planned to extract the tooth and replace it with an implant. A year later, the man went back to the dentist with a fracture in the 19th tooth. It was discovered that the source of the man’s pain and the root canal and extraction of the 20th tooth was unnecessary. The two count medical malpractice suit also accuses the doctor of lack of informed consent and seeks $50,000 plus legal costs. To learn more about the Chicago dental malpractice, lawsuit please click the link.

An autistic young man, who was unable to speak, entered a Children’s hospital for some routine dental work. The hospital made the reckless medical error of using a painkiller-laced patch though his procedure. This type of patch is usually only meant to ameliorate chronic pain in cancer patients and others. The victim was discharged and found dead in his bed the following morning. The medical examiner stated that he had died from a drug overdose caused by the fentanyl patch. This family alleges he should have never even been given the fentanyl patch, nevertheless the highest dose available. The hospital has already admitted they committed medical error in prescribing the drug to the young man. The drug now requires a pain-management specialist’s sign off before it is administered. According to the Federal Drug Administration, wrong prescription of the fentanyl patch has become a persistent problem across the country during recent years, leading to numerous reports of death and life-threatening injuries. The report shows that doctors have inappropriately prescribed the fentanyl patch to patients for acute pain following surgery, for headaches, occasional or mild pain, when it should not be prescribed. The family feels a great deal of remorse considering the egregioius and preventable mistake that caused their son’s death. If you or a loved one has been wrongly prescribed fentanyl, please consult an Illinois lawyer. To read more about the wrongful death, please click the link.

A dental surgeon is charged with medical malpractice for allegedly erring while performing a procedural biopsy. The woman claims to have permanent nerve damage and loss of smile appearance from the dental malpractice. She also claims she can no longer smile without feeling pain. The woman’s plaintiff attorney has alleged the doctor used substandard care when performing her biopsy.

Read more about the dental malpractice case here.

A jury awarded $11 million in a dental malpractice case that involved a young man's death after having his wisdom teeth removed. The man had a genetic condition that involved swelling after a traumatic incident. This led to the man suffocating after having his wisdom teeth removed by an oral surgeon. Both the oral surgeon and the man’s dentist blamed each other for the medical error. The dentist was acquitted of negligence.

Read more about the dental malpractice lawsuit here.

A medical malpractice suit was filed on behalf of a man who died after having his wisdom teeth removed. According to the article, the plaintiffs claim both the dentist and the oral surgeon knew the young man suffered from an immune deficiency disease “that caused parts of his body to swell after trauma.” Both of the doctors blame each other and the young man for his death.

Read more about the death from oral surgery here.

After allegations of dental malpractice, a dentist faces the state board license review. If proven, the dentist faces license suspension or revocation. One of the complaints against the dentist is poor craftsmanship when filling cavities.

For the full story, click here.

Jurors are deliberating in a medical malpractice suit where a man sued his dentist for a negligent nasal surgery. The man lost his sense of smell a month after the surgery. The man had originally gone to the dentist to have his wisdom teeth pulled and the dentist noticed he was having difficulty breathing through his nose and suggested nasal surgery to remedy the problem. The dentist used a procedure called radiofrequency ablation in which a probe is placed is placed directly into the nasal tissue. The dentist was able to control the heat and how it dispersed on the nasal tissue. The man’s attorney claims that the dentist put too much heat on the nasal tissues that caused an infection which led to his loss of smell. The man has subsequently been to two specialists, but still is unable to regain his sense of smell. The trial lasted four days. To read the full story, click here.

A settlement was reached in the wrongful death case in which a high school principal died during a routine dental procedure in Chicago, Illinois last year. The patient was over medicated while undergoing a routine procedure and was not monitored properly. This medical malpractice led to the patient's wrongful death while still in the dental office. The doctors performing the procedure are currently on probation and the dental office will pay $8.5 million to settle this medical malpractice and wrongful death lawsuit. To read the full story click here.

One of the greatest organizational problems facing hospitals today is the battle over medical records. Many patients find that it can take months or years to get a hold of their own medical records after treatment. Even worse, some families of victims of medical malpractice or wrongful death have waited for years to obtain their loved one’s medical records from hospitals. Often, lost or missing records are simply part of hospital error and not a deliberate attempt to delay, but on some occasions hospitals may frustrate a patient’s records request purposefully. Patients and victims’ families must be aware that statutes of limitation often require that medical malpractice lawsuits be filed within a certain period of time after the injury occurs or is discovered. This means that patients and victims’ families must decide to file a medical malpractice lawsuit and contact their medical malpractice attorney as soon as possible and begin the medical records request process.

Read more here.

A dentist is under a criminal investigation for alleged sexual battery against numerous female patients. Now, a medical malpractice lawsuit has also been filed against him. The doctor is alleged to have inappropriately touched the patient.

For the full article.

A personal injury suit between a Chicago area dentist and a man who died while in the dentist's care was settled for $1,135,000. The wrongful death action alleged that the dentist administered intravenous sedation but failed to properly monitor the Chicago, Illinois man. When the dentist realized that the man had stopped breathing, he then administered the wrong drug in an attempt to resuscitate him. Paramedics were called, but they were unable to revive the man.

The Chicago area resident went to the dentist to have a tooth pulled.

Click here for the full article.

An Illinois singer has filed a dental medical malpractice lawsuit against three dentists alleging that their negligence resulted in damaging his ability to sing. He states that he is unable to change notes with the speed and sharpness demanded of a professional singer. During the dental surgery, the singer sustained a horizontal fracture in a tooth and a vertical fracture in a different tooth. He claims that the bridge placed in by one of the dentists did not fit properly.

For the full article.

Illinois suspended the dental license of the dentist whose 5 year-old patient tragically died due to his improper administering of anesthesia. The Illinois Department of Financial and Professional Regulation said that the dentist failed to monitor the 5 year-old girl’s blood pressure, pulse, and respiration during her visit. The dentist gave the 5 year-old multiple medications, including intravenous doses of Valium, but did not notice her comatose condition until the girl’s mother alerted him. The dentist’s records even state that the 5 year-old was “alert and responsive” when she was discharged. For his gross medical malpractice, the dentist also faces heavy fines.

For the full article.