Illinois Medical Malpractice Blog

A west coast man has settled his medical malpractice lawsuit against a hospital. The $5 million settlement will help to compensate him for a lifetime of 24 hour care that he now needs. When he entered the hospital with a fever and cough, doctors diagnosed him with acute renal failure. He was given increasing doses of sedatives and claims that he was not monitored by the hospital staff, leading him to suffer cardio-respiratory failure and be down for nine minutes. The man suffered an anoxic brain injury, meaning that his brain was deprived of oxygen, which causes severe brain damage.

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A study in the May issue of the Journal of Vascular Surgery shows that the rate of limb amputation is higher in Chicago’s black communities than in suburban white communities. The data showed that blacks in Chicago are five times more likely to have a limb amputated than suburban whites. Notably, many amputations are preventable. Limb amputations can often be the product of low quality health care and doctor errors, poor access to health care resources, and a doctor's failure to give information about procedures and treatments. One of the more common causes of amputations is untreated pressure sores that may result from diabetes and heart disease.

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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.

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The Department of Health and Human Services recently released its patient survey where hospital patients rate their experiences and patient care in a format much like a restaurant guide.

The survey showed some troubling results for Chicago area hospitals including some reports of patient dissatisfaction and hospital care statistics that need serious attention. For instance, four out of ten Illinois hospital patients responding to the survey indicated that they had to wait longer than expected when they needed help or called for assistance. Nearly one third of Illinois hospital patients felt that the hospital did not manage their pain properly. Additionally, only 57% of hospital patients thought that the hospital’s staff properly explained the benefits and risks of medication before administering it.

The Department of Health and Human Services plans to make this survey mandatory for every US hospital; though the survey was voluntary in 2007, the Department will reduce Medicare funding for hospitals that do not participate in the survey.

Read the full news story here, and access the survey here.

According to a recent HealthGrades study of patient care in hospitals, the past three years of medical errors have cost the Medicare system more than $8.8 billion dollars. Additionally, the study found that hospital safety problems caused 238,337 preventable deaths to patients. Bed sores, failure to rescue, and respiratory failure were the most common cause of preventable death, affecting nearly 2 out of 3 patients. Other preventable malpractice errors included foreign bodies left in the patient during a procedure, anesthesia errors, hospital infections, and accidental lacerations.

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A new study published in the journal Pediatrics shows that about 1 in 15 children are harmed each year by medication dosing errors at hospitals. The study revealed that children are harmed by dosing errors and incorrect medication substantially more often than previously thought. The study also revealed that some of these dosing errors and patient injuries could be prevented easily.

Medication dosing errors in children are the central issue in popular actor Dennis Quaid’s lawsuit in Chicago against Deerfield, Illinois-based Baxter Healthcare. Quaid is suing Baxter, a large pharmaceutical manufacturer, after Quaid’s baby twins received a Heparin overdose. The medical malpractice lawsuit is pending before Judge Quinn in the Circuit Court of Cook County.

The full text of the Pediatrics study is available here.

Preventable deaths, injuries, and illnesses have been found to be caused by emergency room delays. ER waiting times have increased from 22 minutes in 1997 to 30 minutes in 2004. Heart attack patients are exposed to more serious dangers as their wait time has doubled on average, but the risks caused by delay are great. In a study in the journal Health Affairs, 1/4 of heart attack patients had to wait 50 minutes or more before getting treatment.

The lack of universal health insurance in America, as well as the closure of emergency rooms around the country have contributed to the overflowing waiting rooms where patients may wait dangerous amounts of time. People without healthcare insurance are often forced to visit emergency rooms for free care, regardless of urgency.

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A lawsuit has been filed against a county medical examiner, paramedics, and county Emergency Medical Services after a man who was declared dead at the scene of an automobile accident but was found to be alive hours later sustained permanent injuries. Paramedics responded to calls after the car accident but negligently failed to check the man's vital signs properly not noticing his faintly beating heart. The paramedics made a further medical mistake when they failed to use monitors to check the status of the victim and when they failed to make resuscitation efforts even though it is mandated by policy. The medical examiner is being accused of medical malpractice in that he disregarded signs that the man was still alive, such as eye twitching and chest movements, for hours after the accident. The medical examiner has claimed that it was not his job to determine whether the victim was alive or dead. The man suffered a severe head injury along with a broken leg and other injuries. Now five months after the accident, the victim is just learning how to speak again. He might never fully recover as he would have if treated properly. The man's mother witnessed the accident and suffered severe trauma and distress when she was told that her son was dead.

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A $22 million verdict was recently awarded in a Cook County, Illinois medical malpractice lawsuit. The jury ruled that the hospital was negligent during the birth of a 34-year-old woman's son in that staff did not properly treat difficulties with the woman's blood pressure. The woman went to an Evanston hospital two weeks before her scheduled date of delivery due to complaints of severe headache and abdominal discomfort. Medical staff soon noticed that the woman had unusually high blood pressure. Tests eventually showed that she had HELLP syndrome, meaning that she had a low platelet count and elevated liver enzymes, or hemolytic anemia. Attorneys alleged that she was not treated properly for this problem, by being given the wrong amounts of medication at the wrong times. Her son was successfully delivered by cesarean section, but the woman's blood pressure rose and she suffered a major brain hemorrhage, dying four days later. The jury found that hospital staff was negligent and that she was irreplaceable to her son and husband, ultimately awarding the multi-million dollar verdict.

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Illinois is one of the few states where the National Nurses Organizing Committee has sponsored a proposed bill to impose mandatory nurse to patient ratios. California has been experimenting with a hospital staffing law with revolutionary results in recent years. The improvement in patient safety has been drastic. The ratios are a minimum standard; hospitals are encouraged to go above and beyond the mandate. The ratios differ by hospital area, but none are higher than 1 RN for every five patients in general units or patients in post-surgical care, 1:4 for pediatric units and in the emergency room.

The important results of the law are plentiful, according to a member of the NNOC's Council of Presidents. "Lives are being saved, our ability to be effective advocates for our patients is stronger, and more RNs are entering the work force and staying at the bedside longer, mitigating the nursing shortage." A nurse explained that because they have more time to dedicate to individual patients they have time to check patients' charts and maintain records, preventing treatment delays and medical mistakes, and that there is more time to teach patients and families about their situation so that they won't have to return to the hospital for any complications.

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Continue reading "To improve patient safety in hospitals, Illinois needs to implement a nurse to patient ratio law " »

In a recent medical malpractice lawsuit, a birth injury that was allegedly caused by a nurse-doctor communication breakdown yielded a $1.2 million settlement. Nurses were concerned that the birth was taking too long, but were hesitant to consult the doctor about these fears due to his reputation of angry responses to perceived criticism. The infant developed cerebral palsy.

Physicians too commonly react harshly to instances where they feel bothered by the nursing staff, such as late-night clarification requests, difficulties with procedures, changes in patient condition and more. The negative consequences of verbal abuse or disruption in hospitals are significant; reduced communication, team collaboration, information transfer and concentration are all reported as responses to disruptive behavior. Patient safety is compromised in many ways by these reported breakdowns. Medical errors increase in disruptive or abusive situations and the quality of care decreases. Patient mortality increases with these outbursts. Medication errors have also been caused by verbally abusive hospital staff relations.

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Continue reading "Hospital conduct leads to reduced patient safety and medical malpractice lawsuits" »

A $4.5 million medical malpractice award was recently made in Illinois following the wrongful death of a woman infected with AIDS. Because the woman was being treated at a federal clinic, the case was tried under the Federal Tort Claims Act. The doctors at the Chicago clinic allegedly failed to recognize the complaints and symptoms of the patient which would have led to the diagnosis of lactic acidosis, a potentially fatal side-effect of some HIV/AIDS treatment drugs. The woman's lawyers contended that had the diagnosis been made earlier, the patient would have survived.

A wrongful death lawsuit is being contemplated by the family of a man who died of a "medical related" cause while an inmate in a jail. The investigation is still continuing; the coroner's report said that the death was caused by medical reasons, implying negligence. The 27-year-old inmate was found dead in his cell. His family said that the man was sick but didn't receive help. According to the inmate's girlfriend she tried to get the man medical assistance but the jail said it was only a cold and refused to help. The man's mother said that in addition to the wrongful death and medical neglect accusations in the lawsuit, she is also hoping to send a message to prisons so that no inmates ever have to go through her pain.

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The Centers for Medicare and Medicaid Services (CMS) has announced officially that beginning in October 2008 expenses incurred from medical mistakes made by health care providers will no longer be eligible for reimbursement. Providers will also be prohibited from charging patients for these expenses. Private insurers will likely follow suit. Medical malpractice is a pervasive problem for health care in Illinois and in America as a whole. Each year, 1.5 million patients are injured and thousands die from medical errors. The expenses resulting from these mistakes add up, averaging about $29 billion in additional care services and loss of productivity. It is yet to be determined how CMS will determine what the appropriate standard of care is, and it will also have to define "preventable errors" in cases of medical malpractice.

The wife of an Illinois man who bled to death after routine surgery at Downstate VA Hospital in southern Illinois recently began filing a lawsuit against the US Department of Veteran Affairs. A surgeon, who was barred from practicing in another state, was the doctor caring for that Illinois patient. The doctor had been accused of causing life-threatening complications and deaths by providing "grossly substandard care" and making repeated medical mistakes. Downstate VA Hospital in southern Illinois suspended inpatient surgeries shortly after the man bled to death in response to an increasing amount of post-surgical deaths. The hospital serves veterans in southern Illinois and other nearby areas in other states. The surgeon who spurred the chain of events had been linked to deaths all over the country. A surgical error caused a death after the doctor caused a blood infection and respiratory failure by allowing a stitch to dislodge in a man's esophagus. On another occasion he mistakenly put stitches in a patient's bladder during a hernia repair causing years of pain. He made misdiagnoses, delayed diagnoses, and used improper surgical methods, all leading to unnecessary surgeries, pain, and hospitalizations. The list does not stop there. The State of Illinois continued his license after learning it was revoked in another state. It was not difficult to find his record status even if the state hadn't been alerted. The Illinois VA hospital was responsible for a mortality rate over four times the normal amount. The barred surgeon was involved in all of them.

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A medical malpractice lawsuit was recently settled for over $1.5 million on behalf of the family of a 37-year-old Illinois man who died of a heart problem resulting from the negligence of his doctor. The man died only days before a follow-up appointment was scheduled with his doctor. Unfortunately, during previous visits the doctor failed to perform the necessary tests to monitor the health of the man, who suffered from cardiac sarcoidosis. The tests the doctor should have performed include a Holter monitor test, an echocardiogram and a Thallium stress test. The doctor also failed to properly treat the patient, by neglecting to install an implantable defibrillator to regulate the man's heart rhythm.