Illinois Medical Malpractice Blog

So are insurance companies, whose 2006 profits are approaching record highs throughout all lines of coverage. One state recently reported that state automobile insurers are reaching record-high profits while motorists are paying unprecedented high premiums and insurers are paying out lower amounts in automobile accidents. Consumers continue to suffer with oppressive premiums while insurers celebrate unprecedented profits.

For the full article.

A jury recently awarded a woman $16 million a medical malpractice lawsuit alleging complications from an unnecessary operation that left her brain-damaged. The 48 year-old woman suffered a seizure in 2001 after she left the hospital after brain surgery to remove a benign tumor. She lapsed into a coma and suffered brain damage due to a lack of oxygen. The jury found that her surgery was unnecessary and that the surgeon mishandled the operation and postoperative care.

For the full article.

A jury ordered a heart surgeon to pay nearly three times the state’s average for medical malpractice lawsuit damages to the husband of a woman who died from surgical errors during a routine operation.

The 79 year-old woman died of complications after a catheter perforated a vein. The jury, after two weeks of testimony, found the heart surgeon 100% at fault. The surgeon was found to have continued with the surgery after the medical malpractice surgical error rather than fixing the problem until it was too late to save the patient

For the full article.

After more than 20 people rushed into an emergency room to face the unthinkable sign saying “closed,” officials in charge of emergency medical services are striving to keep that from reoccurring. A task force suggested a series of recommendations for how one state's ERs can be made more effective.

Because of staffing shortages, emergency rooms often are not able to see all of the patients that need to be seen and are often a dangerous place. The long periods of delay may also be the cause of medical malpractice.

For the full article.

In addition to “playing down” the health risks associated with its Zyprexa drug, Eli Lilly also promoted unapproved use of the drug to physicians. Lilly’s files showed that sales representatives encouraged physicians to use Zyprexa for patients who had neither schizophrenia and bipolar disorder, the conditions that it primarily treats. The “Viva Zyprexa” marketing campaign had sales reps suggest that physicians prescribe the drug to elder patients with dementia. Because adverse drug reactions are a leading cause of death for individuals 65 and older, this drug company must be held accountable.

For the full article.

Two pharmaceutical manufacturing companies recently warned doctors of two deaths among patients receiving Rituxan as a treatment for lupus. Usually used to treat patients with non-Hodgkin’s lymphoma and rheumatoid arthritis, the drug is not currently approved as a therapy for lupus.

The patients who had received the drug developed a rare brain infection called progressive multifocal leukoencephalopathy. The FDA posted a public health advisory on its Web site after the two deaths.

For the full article.

An anesthesiologist who has practiced for over twenty years recently gave his view on “tort reform,” stating that he was not one in the medical field who buys into the view that tort reform equals caps on non-economic damages. He states that history consistently shows that non-economic damages caps are the wrong way to seek reform. One state, for instance, experienced a “malpractice crisis” until insurance reform was instituted and insurers were forced to refund $70 million. This man states that a real approach to reform begins at the hospitals and through enforcement of high quality standards. Secondly, this anesthesiologist says to examine the medical malpractice insurance companies whose pure motive is to profit.

For the full article.

In a recent case of medical malpractice, a doctor has removed a patient's kidney instead of a gallbladder. That doctor has been placed on probation. Although the hospital will continue to allow the doctor who committed the surgical error to practice medicine, they are requiring another surgeon to be on hand whenever this doctor performs surgery.

For the full article.

A diabetic woman using a medical device suffered a coma with her blood and brain in desperate need of sugar. However, the medical device instead kept pumping insulin into her body, starving her brain and making it unlikely that she would ever wake up. The woman was 17 weeks pregnant.

Although the device had a safety feature that stopped insulin flow in emergencies like the one the woman was experiencing, the feature was turned off when shipped to the woman. The instructional video devoted only 15 seconds to explain the feature and said nothing about why the feature should be used.

The woman suffered severe and permanent brain damage. The woman’s family sued the medical device manufacturer, alleging the medical device was unsafe . But when the device maker settled the lawsuit, the entire court file was improperly sealed. Moreover, the medical device maker failed to disclose this woman’s suffering and injury to the federal government, which could have used the report to spot problems with devices and to protect the public.

For the full article.

The FDA warned women Wednesday that their risk of blood clots in their legs and lungs may be higher if they use the birth-control patch instead of the pill. The FDA stated that it updated the label on the birth-control patch to reflect the results of one study that found that women using the patch faced twice the risk of clots than did women on the pill.

An Associated Press investigation found that patch users die and suffer blood clots at a rate three times higher than women taking the pill. About a dozen women died in 2004 from blood clots believed linked to the use of the patch. Dozens more suffered strokes and other clot-linked problems. Health officials warn that women who smoke should not use the patch because smoking increases the risk of stroke and heart attack.

For the full article.

A recent Government Accountability Office report says that more FDA oversight is needed with respect to direct-to-consumer advertising by the pharmaceutical industry. Drug company spending on direct-to-consumer advertising increased twice as fast from 1997 through 2005 as spending on promotion to physicians or research and development. Examples of direct-to-consumer advertising are advertisements on television or in magazines. The Government Accountability Office says that more oversight is necessary to protect consumers from false or misleading advertising.

For the full report.

Men who take medication to reduce hair loss may have the side effect of reducing their levels of P.S.A., which is a marker for prostate cancer. Although it lowers the P.S.A., it does not lower the risk of cancer. Unfortunately, it can mislead a doctor into concluding that a patient’s risk is lower than it really is. This potential misdiagnosis could prevent patients from helpful treatment.

For the full article.

A recent study showed that sleep-deprived doctors are at a high risk of making medical malpractice mistakes that harm or even kill patients. Why then are medical residents routinely scheduled to work shifts that last 24 hours or more? The study showed that people who stay awake for 18 hours straight can have trouble thinking clearly and can zone out or nod off suddenly.

For the full article.

In a recent press release, Public Citizen explained its serious and troublesome objections to the blood substitute HBOC-201. Leading its opposition, Public Citizen stated that clinic data showed large increases in risk associated with the blood substitute, compared with either blood or standard non-blood IV fluids. Data demonstrated increases in death, serious cardiovascular events, and other adverse events in using HBOC-201 over non-blood IV solutions.

For the full article.

State health officials recently decided to publicize patient death rates for individual heart surgeons. This is the first time the state will release information on the quality of care provided by individual doctors – not just by the hospitals and physicians’ groups.

For the full article.

As part of a continuing investigation of improperly sealed court records and medical malpractice lawsuits, the Times recently exposed a birth injury shoulder dystocia lawsuit and the details that had been hidden from everyone, including the state.

The birth injury lawsuit began in 2001. In 1999, the woman underwent a difficult delivery and when the doctor saw that there were complications, he told the midwives to contrinue to do what they were doing. The child wound up with brain damage, spastic quadriplegia, and a seizure disorder. The family sued the doctor and health group for medical malpractice, stating that they should have recognized the risk factors for shoulder dystocia.

Continue reading "Times exposes improperly sealed medical malpractice lawsuits" »

According to hundreds of internal Eli Lilly documents and e-mail messages, the drug maker disguised the health risks of Zyprexa, its best-selling medication for schizophrenia, for a decade. Lilly executives hid evidence from doctors about Zyprexa’s links to obesity and its tendency to raise blood sugar.

The drug company’s published data showed that 30% of patients taking the drug gain 22 or more pounds after only a year on the drug. Some patients reported gaining 100 pounds or more. Sales representatives were told to play down the side effects in published data in their conversations with doctors. The drug has become Eli Lilly’s best selling product, with more than $4.2 billion in sales last year.

For the full article.

Opposing sides on whether antidepressants can prompt adults to attempt suicide are lined up to speak before a panel of scientific advisers to the FDA. The panel is considering whether to recommend forcing tough label warnings on widely used antidepressant medication, such as Lexapro and Zoloft.

For the full article.

Next year, a “special master” in an obscure secret Federal court will preside over a highly urgent matter of national importance. The Bush Administration has stated its intention to hold the hearings in a sealed courtroom, off limits to any outsider. In fact, outsiders attempting to gain unauthorized access to the secretive proceedings will be sanctioned.

The trials revolve around vaccines. Roughly 4,750 autism-related cases have been pending for years. Claimants are charging that the mercury-based vaccine preservative contributed to their children’s autism and are seeking compensation from a special vaccine injury fund administered by the federal government.

The Claimants do not want privacy. The only parties wishing for privacy are the Department of Justice and probably the vaccine makers. The entire creation of this upcoming secret court shows that the DOJ and vaccine makers have something to hide.

For the full article.

A judge recently refused to seal a settlement in a medical malpractice lawsuit, stating that the public has a right to know that money from a state fund would be used to pay the widow of the patient who died due to a cardiac surgical error. The widow alleged that the surgeon failed to properly tie off sutures in her husband’s heart, causing a fatal rupture. Before she filed her medical malpractice lawsuit, the case was settled with part of the settlement paid from the state’s Medical Care Availability and Reduction of Error Fund, which provides excess medical malpractice coverage through the state’s insurance department. The judge stated that he had good reason to make this medical malpractice lawsuit settlement public.

For the full article.

Joint Commission Resources has released a new book entitled Safety in the Operating Room. With the constant fear of medical malpractice, the book covers a multitude of preventative topics including infection control, hand hygiene, sharps safety, and fire safety. The book has received great reviews from health care organizations.

To order the book.

Register for ATLA's program on "Heart Device Litigation Update: Recent Rulings and What They Mean for Your Clients." The event includes three experienced speakers on heart device litigation and a question and answer session. The event is December 12, 2006 from 1:00 - 2:30 pm CST.

To register.

A jury awarded more than $15 million to a woman whose son was born in 2001 with birth injuries, including cerebral palsy. Jurors in the medical malpractice lawsuit determined that the doctor and staff failed to react to signs that the woman and her baby were in distress during the birth.

For the full article.

A 6 year-old boy who went blind shortly after he was born at a hospital has been awarded $20 million. A jury last month concluded that the hospital and the physician in charge of the newborn unit were negligent. The birth injury verdict is considered among the largest ever awarded by a suburban Philadelphia jury in a medical malpractice lawsuit.

For the full article.

Last month, a medical malpractice lawsuit that involved an infant who suffered birth injuries due to a traumatic and delayed delivery settled for $8 million. The monetary award will be used by his parents to help mitigate the overwhelming medical counts that will amass throughout the victim’s life. At birth, the resident who measured the baby’s heart rate stated that she could see the baby’s head, which would indicate that the baby should be delivered through a C-section. The physician, however, dismissed the resident’s suggestion and insisted upon delivering the baby “naturally.” Due to the medical malpractice, the child suffered birth injuries including facial abrasions and neurological damage.

For the full article.

After a full day of deliberations after 6 days of testimony, a jury found a hospital liable for the wrongful death of a 79 year-old patient. The jury agreed that the untimely treatment of a bowel obstruction by the hospital brought on a condition known as sepsis, which was the proximate cause of the 79 year-old woman’s death. The $500,000 award in the wrongful death lawsuit was entirely for the family’s loss of compansionship and consortium.

For the full article.

Two doctors will likely face fines in a proposed settlement from the state Board of Medicine disciplinary committee for their medical malpractice.

In one case, the physician failed to comply with patient care standards with regard to a seriously injured patient in the ER when he did not perform a rectal exam despite signs of pelvic trauma and rectal bleeding. More than a week later, a pelvic CT scan revealed that the patient had a rare flesh-eating disease. A medical malpractice lawsuit filed in this case settled out of court for $345,000. The fine imposed by the Board of Medicine would require this doctor to pay $4,000 and reimburse the state $5,500 for its costs. It would also require the doctor to take five hours of continuing medical education.

Continue reading "2 physicians will likely face fines under proposed settlement with state disciplinary board" »

Although hospitals are supposed to be home to helpful caretakers, they are sometimes the home of medical malpractice, medication dosing errors, and hospital-related infections. Your attentiveness to your care should not end when you’re ready to leave.

1. Update your medical history data. Ask for lab results, copies of scans, a list of medications, and put the new information in your file.
2. Don’t depart on “fatal Friday.” Research has shown that survival rates are the lowest among patients who leave hospitals on Friday. Scientists suspect that because docs are swamped at the end of the week, they spend less time providing patients with postsurgery instructions.

For the full article.

1. Run the numbers. If your surgeon seems to eager to operate, check out the rates of the most commonly over-performed procedures by region, city, or hospital.
2. Scrub off the bugs. Five days before the surgery, start taking two showers daily, washing with an antiseptic cleanser. Studies show that this reduces the risk of infection.
3. Opt for a.m. surgery.
4. Empty the O.R. Ask unnecessary personnel to be kept out of the O.R.
5. Get tucked in. Ask for an extra blanket. The combo of a cold operating room and anesthesia can lead to mild hypothermia, which would slow your recovery.
6. Up the water intake. Hydration equals healing – shoot for eight 8- to 12-ounce glasses of water a day in the weeks before your visit.

For the full article.

1. Ask how long they have been in the field. Because of the current nursing shortage, you may not have much choice in terms of who cares for you, but if you have concerns, talk to the nurse manager.
2. Discuss slow response times with the nurse manager.
3. Triple-check your meds. A nurse is supposed to double-check to make sure that the patient is receiving the correct medication. To protect yourself from medication dosing errors, triple-check. Ask what the medication is that you are receiving and why you are getting it.

For the full article.

Your vigilance should continue even when you’re in the hospital bed to avoid the ills associated with hospital visits.
1. Know who’s who. Make sure all people identify themselves and convey changes in your condition only to doctors and nurses.
2. Demand clean hands. As for a pump dispenser of alcohol-based hand sanitizer and put it on your night stand. The staff will get the hint.
3. Check out the stethoscope. Ask your doctor to sanitize his stethoscope.
4. Sanitize yourself. Keep lathering your hands with the alcohol-based hand sanitizer. This will protect you from organisms on your body that cause infections.
5. Dose up on aspirin. Ask your doctor and pharmacist before adding it to your drug regimen, but aspirin can activate the stress response of bacteria and keep it from adhering to your tissue.
6. Protect your bed. A recent study found that an elimination of visitor contact with a patient’s bed was able to stop the spread of bacteria and eliminate infections by 70 percent.

For the full article.

$15.4 million was recently paid by a city hospital to resolve both state and federal claims against it. The lawsuit, brought by the government, alleged violations of the False Claims Act, stating that the hospital conspired to increase Medicare bills by paying physicians kickbacks to steer patients to the facility, where they frequency received unnecessary treatment. One of the defendants was a party to a $14 million settlement for a similar scheme he ran at a Chicago facility involving Chicago medical malpractice and Medicare fraud.

To read the full article.

1. Have someone research your doctor.
2. Enlist a drug pro. Ask if a clinical pharmacist can handle your case. This can reduce the risk of medication dosing errors and adverse drugs reactions. If the hospital does not have one, ask if a staff pharmacist can perform the same functions.

For the full article.

Your quality of treatment can also be enhanced by what you do when you speak with the E.R. doctor.
1. Create a timeline. Telling your doctor when symptoms started and subsided is almost as important as relaying what they felt like. The sequence of symptoms can provide clues to the diagnosis.
2. Discuss your vital signs.
3. Include the minutiae. Divulge details that are not in your medical file, such as dentist visits and recent travel trips.
4. Take a whiff. Since E.R.s are fast paced, its hard to know when a doctor or nurse last washed their hands. There is an antiseptic foam used in E.R.s to kill bacteria and viruses which you can recognize because it smells like cheap gin.

For the full article.