Illinois Medical Malpractice Blog

A trend is emerging where patients in need of medical care are going abroad for surgeries. This trend is in response to rising health care costs in the U.S., a function of insurance companies increasing rates to maximize profits. However, there are numerous risks associated with major medical procedures abroad. Initially, the level of care may not be the same given different licensing requirements and regulations. Further, patients may be exposed to substandard protections against infection and the spread of disease. The American Medical Association has expressed concern over the standard of care in other countries and is not yet convinced that the purported benefits outweigh the costs. For patients that do seek care outside the U.S., it is important to see a U.S. physician for a follow-up upon reentry. These patients must also keep in mind that surgery and travel often do not mix.

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Hepatitis C outbreaks have been linked to unsafe hospital injection practices at an Endoscopy Center. So far eighty-four individuals have contracted the disease due to the hospital’s medical malpractice. The Doctor’s negligent practices have been linked to one day when two identified physicians were on call. Medical malpractice lawsuits have already been filed and more medical malpractice suits will arise in the future as more individuals contract Hepatitis C from the hospital’s illegal conduct. As medical care is increasingly relied upon for protection and heath it is imperative that hospitals and physicians follow protocols and procedures to prevent the spread of infectious diseases, virus and bacteria. To read the full story click here.

MRSA, or methicillin-resistant Staphlococcus aureus, is a new hospital infection superbug that appears to be resistant to most antibiotic medications. MRSA infections account for about 8% of all hospital infections but are normally deadly. A new report by the Centers for Disease Control estimates that 1.7 million people each year contract hospital infections; however, the CDC admits that the study may underestimate how many people get hospital infections each year. In reality, nearly three times the estimated amount may suffer. To help stop MRSA infections, the CDC now recommends that all hospitals test incoming patients for MRSA contamination.

Read more about MRSA here.

A Charleston doctor is suing his doctors in a medical malpractice lawsuit. The doctor filed the medical malpractice lawsuit against 2 other doctors and a hospital after developing a serious hospital infection that lead to permanent disfigurement, required additional surgeries and lead to the doctor being on a ventilator. The doctor contends that his treating physicians and the hospital failed to perform a safe surgical procedure on him, that they failed to provide adequate and safe medical care, and that the hospital and doctors also failed to monitor change in condition. This suit shows the importance of patients being able to seek just and reasonable compensation for their injuries, subsequent medical expenses for life, and emotional distress as a result of medical malpractice.

Read the story here.

Often, hospitals are a source of many hospital infections because surfaces may not be sanitized properly. A recent article from the father of a son who died unexpectedly from a hospital infection explains some tips for avoiding unnecessary bacterial contact. According to the Centers for Disease Control, nearly 100,000 people die each year from hospital infections. The article recommends that parents bring their own toys to the pediatrician’s office so that children don’t play with the office toys that may harbor bacteria. Additionally, patients should be sure to encourage family members and hospital staff to wash hands in plain sight before making physical contact. Hand washing is essential even if the staff member or doctor is wearing gloves: putting on gloves with unclean hands simply spreads more bacteria and defeats any protection from the glove.

Read more 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.

The US Government Accountability Office (GAO), Congress’s investigative arm, has urged the Department of Health and Human Services to set standards for how hospitals should deal with hospital infections. Hospital infections usually strike after a patient is discharged from a hospital and are an often forgotten source of medical malpractice and medical malpractice lawsuits. Many hospital infections come from problems with a hospital’s sanitation methods, failure to sterilize surgical instruments, or other medical errors. Hospital infections usually cause 100,000 deaths and infect more than 2 million people each year. The GAO hopes that the new standards will improve hospital accountability and curb the number of hospital infections each year and provide a centralized information source on hospital infection rates, death from hospital infections, and best practices.

See the story here.

The Medicare program may soon stop paying for more medical care that comes as a result of hospital error. In an effort to encourage hospitals to improve their patient care and avoid medical malpractice lawsuits, hospital infections, and hospital patient injury, Medicare announced last year that it would stop funding certain procedures and treatments. Now Medicare has added more potential preventable errors to the list.

Medicare may stop funding for these common hospital errors and preventable injuries:
-Surgical site infections following certain elective procedures
-Deep vein thrombosis/Pulmonary Embolism
-Legionnaires’ disease
-Extreme blood sugar derangement
-Lung Collapse resulting from medical treatment
-Ventilator-associated pneumonia
-Delirium
-Staph infection in the bloodstream
-Disease associated with Clostridium difficile infection

Medicare’s logic is that hospitals will stop making preventable errors and preventable patient injuries if the hospital won’t get paid for the error. Hospitals used to be paid for every consult and procedure but Medicare believes that not funding for preventable error will encourage hospitals to improve patient care to protect their bottom line.

Read more on these proposed changes here.

A US Navy veteran has won his medical malpractice lawsuit against a Veterans’ Affairs hospital doctor after a series of failed operations left him permanently disabled, receiving a verdict of $622,739. The man, who retired from Chicago-based Smurfit-Stone Container Corp in 2001, brought his medical malpractice lawsuit under the Federal Tort Claims Act. The man originally entered the VA hospital for a hernia operation during which the doctors mistakenly severed an artery in his stomach, leading to 6 additional surgeries, a staph infection, and pneumonia.

For more information, read here.

It was recently revealed that a clinic had reused syringes and vials of medicine. With a large clientele, this clinic could have potentially exposed 40,000 patients to HIV and hepatitis B and C. This Southern Nevada clinic is now facing numerous medical malpractice lawsuits.

For the full article.

At least five people not yet identified by health officials say that during visits to a Las Vegas medical clinic that reused syringes and improperly cleaned medical equipment in a horrible case of medical malpractice. Medical malpractice lawsuits were filed against the Clinic alleging that the patients contracted the potentially fatal hepatitis C while undergoing colonoscopies.

For the full article.

The Illinois Hospital Report Card, the Illinois Consumer Guide to Health Care and another project meant to monitor medical malpractice issues in Illinois hospitals were groundbreaking and exciting initiatives passed in the state in the last four years. However, not much has been done to follow through on these laws. The Chicago Patient Safety Forum has been a strong critic of the delays in implementation even though last year's Patient Safety Summit in Chicago produced few results. The purpose of the laws was to provide the public with information about their doctors and the medical mistakes they make as well as the hospitals and issues like hospital-acquired infections.

One goal of this legislation was to examine instances of medical malpractice such as birth injuries and surgical errors. The Illinois Hospital Report Card was meant to monitor hospital-acquired infections and if the hospitals are adequately screening patients. It also was to focus on the quality and skills of nursing staffs. The lack of progress has been blamed on problems with the legislation itself, a lack of funding and staff, and bureaucratic delays. Legislators and other officials alike, such as the Illinois Hospital Association, have stated that patients have the right to be informed about their doctors and hospitals.

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A Chicago medical malpractice lawsuit was filed today by John J. Perconti of Chicago medical malpractice law firm Levin & Perconti against St. Anthony Hospital and an emergency room physician. The lawsuit alleges that the hospital and doctor failed to diagnose meningitis in a 14-year old baby girl which caused her death.

The baby was evaluated and treated in the emergency room at St. Anthony on March 14, 2006. A blood culture test was ordered and Motrin, Tylenol, and IV fluids were prescribed. The child was sent home with her mother. At 7:00 p.m. that evening, the emergency room nurse was notified by the laboratory that Anna’s blood culture (test) showed the presence of gram positive cocci (multiple forms of bacteria).

Attorney John Perconti explained the medical error: “When the emergency room nurse and doctor learned the abnormal results of the blood culture they should have notified Elizabeth Nunez immediately and advised her to bring Anna back to the ER for further evaluation, hospitalization and antibiotic therapy. Instead, Dr. Lachica called Elizabeth at home to check on Anna’s condition and advised her to see her own pediatrician in the morning. St. Anthony’s nd Dr. Lachica failed to inform Elizabeth that Anna had tested positive for gram positive cocci, a life-threatening bacteria. They also failed to notify Anna’s pediatrician about this abnormal result. With this type of infection, you must err on the side of caution or face the risk of losing a life.”

Click here for the press release

All patients being treated in hospitals, whether for serious surgery or routine procedures, should be made aware of Methicillin resistant Staphylococcus (MRSA), an infection acquired during hospitalization. 100,000 people die of MRSA annually. The Centers for Disease Control and Prevention estimates that one out of every 22 patients will acquire an infection during hospitalizations totaling 1.7 million patients a year. It is also estimated that out of that group, 99,000 would die. MRSA has recently been proven as avoidable in many cases. Pittsburgh Veterans Hospital has cracked down on doctor hygiene and hospital cleanliness, while taking other minor precautions and has noticed a decrease in MRSA infections. According to the hospital's chief of staff, "the infection control program cost about $500,000 a year, including test kits, salaries for 3 workers, and the $175-per-patient cost of gloves, gowns and hand sanitizer. The hospital... realized a net savings of nearly $900,000 when the number of infected patients fell." Hospitals should take note, especially since Medicare will no longer pay for "preventable" conditions induced by carelessness or medical malpractice in hospitals. One of the "preventable" categories is certain types of hospital-acquired infections. The hospitals themselves will have to cover these often enormous amounts.

Continue reading "Avoidable infections acquired in hospitals kill 100,000 a year" »

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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The Illinois legislature has passed, and the governor has signed, legislation requiring the screening of hospital patients for drug-resistant staph infections. The MRSA (methicillin resistant staphylococcus aureus) infections infect over a million patients and kill tens of thousands every year. MRSA is the most common infection acquired in hospitals and Illinois is leading the nation in confronting the controversial issue. The law becomes effective immediately. Hospitals are now required to test all patients in intensive care units for MRSA and isolate patients with the bacteria. The bill was controversial because some hospital infection control practitioners claimed it would hinder response times to emergency threats. The same group introduced legislation requiring hospitals to prevent the spread of infection by analyzing which infections posed the most risks at different facilities. Although this bill was intended to replace the MRSA bill, both were passed into law. Fortunately for patients, the bills are aimed at protecting patients from unnecessarily contracting dangerous infections in hospitals.

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A woman who had to have a quadruple amputation after contracting a flesh-eating bacteria in a hospital suffered a legal setback last week. A judge ruled that hospital records are protected by work product and attorney-client privilege. The victim’s attorneys said that they will appeal the ruling, which is separate from a pending medical malpractice lawsuit.

For the full article.