Illinois Medical Malpractice Blog

Six people are dead and three injured after a medical helicopter crashed into another medical helicopter. The medical helicopter crashes came after the planes were transporting injured patients to the hospital. Medical errors are thought to be grounded in hospitals such as medical malpractice physician errors, pharmaceutical errors or medical device liability claims. This plane accident sheds light on a growing problem of medical helicopter crashes which raises questions about liability for the patient’s health and for the health of hospital and medical employees. To read about the most recent crash click here.

A new tort reform bill proposed in the House of Representatives may bring justice to those who face medical device defects and have pharmaceutical liability claims. The bill, titled the Medical Device Safety Act would allow those to bring product liability suits even on products approved by the FDA. This bill would allow those who suffered personal injuries from medical device defects and defective drugs to have a cause of action against the makers of such products. To read more about this tort reform that allows this nation to head in a positive direction click here.

Serious burn injuries and raw skin have occurred after use of the popular pain relieving product, Icy Hot pain patches. A medical product recall has occurred earlier this year where the manufacturer recalled medical products totaling nearly 2.3 million patches. Medical product complaints have been directed to the manufacturer, Chattem Inc, since the product’s distribution in December of 2006. Those suffering medical product personal injuries may think about filing a personal injury lawsuit or a product liability lawsuit. To see the full story on this heated debate click here.

Following a routine procedure to clear a blocked intestine, a German man later discovered operating room medics committed medical malpractice and left a 15 inch pair of medical clamps inside him. He is now pursuing a 100,000 Pound claim for damages in a medical malpractice lawsuit.

For the full article.

The Supreme Court will hear a case next term that could decide whether drug companies may escape liability for harm caused by their products and hide behind FDA approval. The issue in the case involves Johnson & Johnson’s prescription birth control patch, Ortho Evra, which delivered much more estrogen than the company originally disclosed. The Ortho Evra patch was a popular form of birth control as an alternative to the birth control pill. For women, medication dosing errors of estrogen may cause an increased risk of blood clots and strokes and has been linked to one death.

Read the full text of the original article here.

Continue reading "Supreme Court Will Decide if Drug Companies Can Hide Behind FDA" »

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.

Click here for the full article

Two months ago, Medtronic, the maker of electronic heart defibrillators, notified physicians and a quarter million patients that its products contained a potentially fatal defect. The Medtronic product is designed to regulate patients with irregular heart beats by delivering electric impulses to the heart. When the product becomes defective, it either fails to deliver these necessary impulses or worse; it could deliver painful and unnecessary electric shocks. Those with faulty Medtronic devices have had them replaced with an older, more stable version of the product. One group that is particularly at risk for the product failure is those patients with hypertrophic cardiomyopathy. However, there are substantial risks for all patients having this replacement surgery.

Click here for the full article

In the December 4, 2007 issue of the Chicago Daily Law Bulletin, correspondent wrote about the ability for patients to sue the makers of federally approved and regulated medical devices under state law. The main issue to decide was whether federal law would preempt state law and prevent injured victims from bringing a state law claim. One of the major issues which such a policy would be that the Food and Drug Administration could basically shield medical device manufacturers from state law liability simply by approving use of the device. This is turn could result in the companies providing less safe products because they are satisfied with their legal protection. Such a implication can certainly have large ramifications that must not go unaddressed.

Click here for the article:

Surgery poses many risks. One, flash fires, has recently been shown to be more common than previously thought. In one of the states with the most comprehensive collection of statistics, 28 fires a year in operating rooms has been the average over the last three years. Medical malpractice lawsuits have not been uncommon results of surgical fires. Fires in operating rooms have not gained as much attention as other surgical hazards, such as wrong-site surgery, but these fires have proven themselves dangerous by causing serious injuries and deaths. One of the most fatal surgical fires occurs during throat surgery. Common fire hazards in todays operating rooms include the use of 100% oxygen, which can increase the flammability of gauze and hair when leaked into the air; alcohol-based skin cleansers; and the increasing use of advanced surgical tools like lasers and electrocautery devices. One of the most commonly cited causes of surgical fires is poor communication between surgeons, nurses and anesthesiologists. Prevention policies have been on the rise as more oversight groups have recommended them.

Click here for the full article

Chicago attorneys John J. Perconti and Patricia M. Gifford settled a medical malpractice lawsuit in the wrongful death of a 70-year old woman at University of Chicago Hospital for $950,000. On November 7, 2003, the Illinois woman’s children were told that doctors suspected a possible abnormal connection between her arteries and veins. In order to investigate, University of Chicago doctors recommended that she undergo an interventional radiological procedure involving placing a catheter into her artery to look for and clear any blockages. The Illinois woman’s family was shocked to learn that complications during the procedure lead to their mother’s death.

An autopsy revealed that the Illinois woman’s surgeon had perforated her right ventricle with a guide wire during the procedure which caused internal bleeding and death. The surgical error occurred during what Illinois attorney John Perconti described as a routine procedure: “It is unfortunate and sad that Vera had to die from a relatively simple and non-invasive procedure. Our client was leading a full and active life and her children never got a chance to say goodbye to her.”

Click here for the press release

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.

Illnesses, injuries and infections caused by medical mistakes or negligence in hospitals will no longer be covered by Medicare, the government health insurance program for senior citizens. This new initiative can save the lives and wellbeing of patients because it will make doctors and hospitals more accountable for preventable errors and force them to adhere more closely to policies and procedures. Private insurers are considering implementing a similar policy, which could save Americans money.

The preventable conditions that will not be covered by Medicare include surgical tools left inside patients after surgery, incompatible blood or air embolisms, bedsores or pressure ulcers developed during a hospital stay, injuries resulting from falls in the hospital, and infections caused by extended use of catheters in blood vessels or the bladder and infections at a surgical site after coronary artery bypass surgery. Some hospital spokesmen have expressed concerns that, for instance, bedsores are sometimes unpreventable. The conditions that have been chosen to be excluded from Medicare coverage are not arbitrary, however. They have been chosen by experts that believe they can be reasonably prevented. Levin & Perconti, for example, settled a case for $1 million recently when a nursing home claimed that a patient’s severe pressure sores were not avoidable. The patient, however, was able to completely recover when moved to a different facility. The included injuries were chosen by experts and stand as federal recognition that they are avoidable and can be prevented by stronger adherence to policies and procedures.

Click here for the full article

The victims of product liability and wrongful death have begun to sue Davol Inc., the manufacturer of the hernia repair device called Composix Kugel Mesh Patch. Some of the patches have failed some time after hernia surgeries causing serious injuries and death. The use of the defective product has caused perforated bowels, has abnormally attached itself to other organs or passageways and has stuck to other internal organs. Deaths were beginning to occur at least 21 months before the first Kugel Mesh recall would take place.

A woman who underwent a procedure last year with unsterilized equipment is launching a class-action lawsuit against the hospital for medical malpractice. At least 3,000 other patients were treated with unsterilized equipment and had to undergo testing for HIV, hepatitis and other diseases. The claim alleges that the HIV and hepatitis testing caused patients to endure pain and suffering, mental distress, loss of income, medical costs and loss of enjoyment of life.

Click here for the full article

A medical malpractice lawsuit was settled for $7 million last year on behalf of a patient whose doctors negligently failed to prevent a fire from igniting in his throat. Otolarynologist Dr. Joost Knops and anesthesiologist Dr. Kenneth Kloehn failed to take necessary precautions to prevent the fire, which ignited when a laser used to remove vocal cord lesions interacted with an oxygen leak from a medical device. The doctors failed to replace the device allowing the flammable cotton in the the patient's throat to catch fire. As a result, the patient is permanently unable to speak above a whisper. The doctors have been called before a state medical board to respond to allegations of unprofessional conduct.

Pharmaceutical companies and device manufacturers have access to information regarding which medications doctors prescribe for the reason that they are able to buy the information from the American Medical Association (AMA), and from companies that match the AMA’s data with pharmacy records. The AMA is holding its annual meeting in Chicago, where this topic is sure to be raised as an important issue. Some groups are planning to protest during the meeting in front of the Hilton Chicago. The information is being used to increase the sales of newer, more expensive drugs whereas it could be used to improve quality, safety of care, and lower drug prices. Many states, including Illinois, are proposing bills after noticing the correlation between the release of such information and the rising health care costs consumers face. Doctors that are not members of the AMA, about two thirds, are unaware that this information is being released. The AMA is planning to publish ads in medical journals to spread the information to doctors unaware of the fact that they can opt out of this practice.

Click here for the full article

Victims of medical malpractice are mobilizing to help prevent medical errors and promote patient safety. Sorrel King created the Josie King Foundation to fund safety initiatives at hospitals in honor of her 18-month-old daughter who died after a series of medical mistakes. She also donated some of the financial settlement to the hospital where the errors occurred in order to start a children’s safety program. King launched a new web site, josieking.org, with advice and information for patients and the medical community on how to increase patient safety and what to do if medical errors do occur.

Continue reading "Patients and families affected by medical errors organize a grass-roots movement" »

Reminder: On March 8, American Association for Justice (AAJ) is hosting a telephone seminar regarding Heart Device Litigation. The seminar will feature tips and strategies from recent cases in medical malpractice lawsuits regarding heart devices. For more information or to register, call 1-800-622-1791 or 1-202-965-3500, ext. 612.