Illinois Medical Malpractice Blog

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 new study shows a link between certain medications and increased risk of death or hospitalization. Antipsychotic drugs may lead to increased risk of hospitalization and death, a new study reports. The study analyzed a group of elderly patients that were prescribed antipsychotic medications like Haldol (haloperidol), Risperdal (risperidone) and Zyprexa (olanzapine). The patients were 3.2 times more likely to die or be hospitalized for antipsychotic medication injuries than those who did not receive any antipsychotic medication. This study raises concerns about the need to prescribe medication to older patients when nonmedication therapies could suffice.

Read more about the antipsychotic medication injuries here.

A hospital patient has sued his former doctors and their hospital in a medical malpractice lawsuit for mistaken diagnosis that lead to unnecessary surgery. The man was initially diagnosed with cancer and doctors told him he may die. The doctors then performed surgery to remove part of his lung that they claimed was cancerous. However, the patient now believes that the diagnosis was based on the medical information of another patient, not him, that was diagnosed with breast cancer. The medical malpractice lawsuit also claims that the doctors knew of the mistake after the surgery and failed to tell the patient.

Read more here.

An Aurora woman has announced her $15.5 million dollar settlement in a birth injury medical malpractice lawsuit. Her son sustained a brain injury at birth when she went to Valley West Community Hospital to deliver her son. This is the largest medical malpractice settlement in DeKalb county ever announced.

See the news story here.

An East Chicago jury has awarded $4.5 million dollars in a medical malpractice lawsuit against St. Catherine Hospital. The man entered the hospital and was misdiagnosed as having a kidney stone. However, the hospital and doctors treating him should have performed a necessary procedure to rule out other conditions. Instead, the doctors and hospital failed to perform the test. The man died 12 hours after being discharged from an abdominal aortic aneurysm that could have been diagnosed earlier.

Read the story here.

Condell, Lake County’s largest hospital, may soon be for sale to the highest bidder. Condell and Chicago-based Advocate Health have been in talks about Advocate buying Condell to expand Advocate’s presence in Lake County. Advocate has signed an agreement to buy Condell for $180 Million. Condell has faced financial trouble in recent years, losing upwards of $20 Million in patient revenue. Often, when hospitals lose money they may cut costs in patient care which can lead to medical malpractice lawsuits. State and Federal regulators still need to approve the deal.

Read more here.

Congressman Hinchey unveiled a new bill that would allow victims of medical malpractice in military hospitals to file medical malpractice lawsuits against the military. The bill will be called the Carmelo Rodriguez Military Medical Accountability Act of 2008 after Sgt. Rodriguez who died after a serious of catastrophic medical mistakes that lead to his death. When Rodriguez entered the military, a routine examination revealed melanoma. However the doctor did not tell him about the cancer and failed to refer him to a specialist. A subsequent doctor misdiagnosed the melanoma. Rodriguez soon died from the melanoma. This bill would allow families and individuals to assert medical malpractice claims against military doctors, effectively reversing the Feres Doctrine which prevents military members and their families from suing over medical care received in service.

Read more about the new bill here.

The American Medical Association has encouraged the Food and Drug Administration (FDA) to add restrictions and regulations of prescription drug advertising. Often, prescription drug advertisements tout the benefits of the product without explaining or even indicating all of the risks and side effects of prescription drugs. Advertising can also be misleading for consumers and patients and lead to situations where the doctor and patient do not agree about the medication and improper medication is prescribed. Advertising his highly important because, as recent studies have shown, 45% of patients ask their doctors about a medication or prescription drug they have seen on television.

Read the full article 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.

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.

Read more here.

The Illinois Supreme Court handed down a new decision recently on its interpretation of Rule 103(b): in determining whether plaintiff was reasonably diligent under Rule 103(b), the trial court is not to consider the time when the case is voluntarily dismissed. Lawyers are advised to avoid taking any action that might seem like a delay, such as withholding summons upon filing a lawsuit. In the context of medical malpractice lawsuits, this means that medical malpractice lawyers should be careful to plan their litigation schedule and pay close attention to the length of time each phase of medical malpractice litigation requires. Additionally, medical malpractice lawyers should explain to their clients how timeliness is very important to their medical malpractice lawsuit.

Read more here.

A woman is suing Deerfield-based Walgreen’s in a wrongful death and medical malpractice lawsuit after losing her child. The Walgreen’s Pharmacy filled her prescription for prenatal vitamins with a drug intended for chemotherapy use. After using the drug for an extended period of time, the woman lost her baby. The drug, not intended for prenatal use, interferes with cell production, DNA development, and cell growth. Additionally the drug may increase the woman’s risk of developing tumors and other complications. The drug could make it difficult for the woman to conceive in the future.

Read more about the lawsuit here.

The State of Illinois Department of Financial and Professional Regulation, Division of Professional Regulation has just released a new website allows users to enter complaints about doctors and health professionals with ease. This website makes it much easier to file a state complaint in the event you have been a victim of medical malpractice or nursing errors. If you believe you are the victim of medical malpractice or nursing malpractice it is important for you to file a complaint with the Department of Professional Regulation to make sure that the state also takes its own necessary steps to investigate the problem and review the practitioner’s licensing.

Click to see the Department’s complaint site.

Army Hospitals have a growing problem with drug overdoses and patient deaths due to drug overdoses and interactions. Since June of last year, there has been an increase in the number of incidents of accidental drug overdoses to patients in Army hospitals. Additionally, some patients have died from drug interactions. In one recent patient death from drug interactions, the Sergeant actually told his doctors he was feeling disoriented as a result of the medication and that he could not function. The doctors did not alter the medication or determine if there was an interaction and the Sergeant later died. Patients and their families can help to alert doctors to side effects and possible drug interactions and should be certain to follow up with their doctor immediately. Patients of government-run, Army, and Veterans' Administration hospitals may have recourse under the Federal Tort Claims Act if they are injured.

Read more here.

A recent article calls into question whether Lasik eye surgery is as safe and successful as previously thought. According to some data sources, as many as 5% of all Lasik patients suffer adverse events or are displeased with their surgery. However, according to the FDA, only a handful of adverse events or complaints about Lasik have been reported. Patients who have suffered from adverse events or problems with their vision after a Lasik surgery should report their problems to the FDA. The FDA plans a new study of Lasik’s safety next year.

Read more about Lasik and how to report problems here.

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.

Read the news story here.