Illinois Medical Malpractice Blog

A security camera video shows the shocking reality of a woman's preventable hospital death when she is left to die after falling. The video shows that the woman fell from waiting area chairs and was neglected for nearly an hour before any hospital staff attended to her needs. The video even shows hospital staff watching her suffer and not taking any action. This graphic example shows the dangers of unattentive emergency rooms and medical malpractice deaths.

In July of 2004, a 50 year old patient underwent surgery to remove her goiter. A common result of the surgery is a lessening of the body’s calcium, which, in turn, can cause problems with swallowing and breathing. While the operating surgeon ordered calcium to be administered, the patient never received any of the ordered medication. After the surgery the patient was nervous and agitated, and she had difficulty swallowing, the next day she had shortness of breath and swelling in her neck. Eventually, she began struggling to breath and went in respiratory failure, sustaining brain damage, and fell into a coma. The patient has not come out of her coma to this day. After four days of trial, the allegedly negligent hospital agreed to the $4.7 million settlement. Read more here.

The first of three trials concerning the drug Mirapex and its link to compulsive behavior began this week in a U.S. District in Minnesota. Mirapex is a drug used to treat Parkinson’s Disease and Restless Leg Syndrome, but recent studies have shown the dopamine agonist can lead to compulsive behavior in many, including compulsive gambling, sexual, and eating behaviors. In June, the largest study ever to investigate the connection between dopamine agonists and compulsive behavior was presented at a conference in Chicago. More than 200 people are currently suing Boehringer Ingelheim, the Pharmaceutical giant that makes Mirapex. Legal experts are looking to the results of these first three trials to gauge the prospects of future cases.

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Levin & Perconti has filed a medical malpractice and wrongful death lawsuit in the Circuit Court of Cook County on behalf of Devron Matthews’s family after his recent death. The suit was filed on July 24, 2008.

On August 19, 2007, Devron, a known asthmatic, was taken to the emergency room at Weiss Hospital on Chicago’s north side for complaints of shortness of breath and a high fever. Despite being diagnosed with pneumonia and having a dangerous blood gas reading, Devron was not monitored properly, and his breathing status deteriorated throughout the morning. He was transferred from the Emergency Room to a non acute setting in an unstable condition. Devron went into respiratory failure and suffered a full cardiopulmonary arrest in the morning hours of August 29, 2007. During this time, his brain was deprived of oxygen and he sustained permanent brain damage.

Devron was placed life support and remained in intensive care as a result of his brain damage. After intensive care, he continued to exist in a vegetative state, always in nursing or hospital care, until his death on May 2, 2008 at age 20. Devron is survived directly by his two sisters and his mother.

Pfizer and Boehringer-Ingelheim have been called before a federal court following a class action lawsuit for the negligent manufacture and distribution of Mirapex, a drug recently given to patients suffering from Parkinson’s disease and Restless Leg Syndrome. The lawsuit arose after two studies, one in 2003 by the Muhammad Ali Parkinson Research Center at Barrow Neurological Institute in Arizona and the second by the Mayo Clinic in 2005, found that patients treated with Mirapex developed compulsive behavior, including compulsive gambling and sexual behavior.

The lawsuit alleges that Pfizer and Boehringer-Ingelheim may have been aware of these side effects before releasing the drug but failed to list them in their report to the FDA. However, following the release of the studies, Pfizer and Boehringer began listing compulsive behaviors among possible side effects. The case has been designated for multidistrict litigation, meaning that all cases against Pfizer and Boehringer related to Mirapex will be brought before the Federal District Court in the Northern District of Minnesota. That court will be in charge of general discovery and preliminary matters related to Mirapex litigation. Cases that are filed in state court or another district will be transferred to the Northern District of Minnesota either through a motion by counsel or by the court’s own volition.

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The University of Illinois Board of Trustees will be advised today to sign off on nearly $14 Million in settlements concerning two cases. The first case involves the University of Illinois Medical Center in Chicago’s failure to perform an emergency delivery that resulted in permanent brain damage to an infant. The settlement in that case, if approved, would be $9 Million. The second case involves the failure to treat jaundice in a premature infant, the result of which was brain damage from high very levels of bilirubin. That case’s settlement is expected to be $4.8 Million. University officials have recommended approval of the settlements.

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Dr. Heran Abcarian, a leading surgeon at the University of Illinois at Chicago Medical Center was sued for wrongful death, but did not find out about it until after the case had been settled against him. Now he has filed a lawsuit himself, alleging that staff physicians “arranged for a meritless lawsuit” and proceeded to settle it without notifying him. He claims that their actions came in retaliation for his criticisms of decisions and policies at the Medical Center. He also claims that he received a letter from an attorney representing the victim, that he forwarded it for evaluation and then staff physicians failed to put forth evidence showing his innocence against the medical malpractice claim and instead paid out a million dollar settlement and then told the victim’s lawyer to file a subsequent lawsuit without summoning Abcarian. The judgment was reported to professional organizations, which Abcarian claims injured his reputation. Read more here.

Patients and their families are suing a physician for medical malpractice alleging that the cardiologist performed unnecessary cardiac catheterization and stent placement surgeries. The thirteen patients had surgeries over five years where the doctor dramatically overstated the results of stress tests and diagnostic images. Some of these patients were even convinced to undergo multiple catheterizations and/or stents. A federal investigation is underway examining these activities.

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A jury returned a $60 Million verdict against insurance companies that deliberately denied a man coverage through fraud. The man developed a case of Lyme disease and chronic fatigue syndrome. As a result, he was unable to continue working as a venture capitalist. When he initially filed his claim with the Paul Revere Life Insurance Company, they paid his benefits. However, after a year, the insurers stopped all payments, denying the man what he was due.

This case is indicative of a greater epidemic in the insurance world where companies simply deny rightful patients their benefits. The policy has resulted in hundreds of millions in profits for insurance companies nationwide, and even though these companies continue to lose lawsuits, the benefits gained from denying benefits outweigh the costs of litigation. Thus, the trend remains. This verdict may be a step toward insurance companies fulfilling their side of the bargain.

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An Illinois Medical malpractice lawsuit filed seven years ago has finally ended with a million dollar medical malpractice settlement. The large medical malpractice settlement did not come without sacrifice. Illinois medical malpractice plaintiff, Vanessa Jenkins, brought a lawsuit against an Illinois hospital after her son was delivered with a birth defect. Her son sustained brain injuries and other personal injuries as a result of the hospital’s negligent misconduct. The negligent doctor who used a vacuum extractor during delivery of the child caused the child to suffer from serious personal injuries including brain injuries, mental retardation and cerebral palsy. To reach more about this record setting medical malpractice settlement look at on Point Medical Litigation articles or click here to read an article.

There had been numerous allegations of sexual abuse at Illinois’ largest psychiatric hospital by the time that the Chicago Tribune investigated and uncovered a systemic problem. Riveredge Hospital, where many wards of the state are treated, has been leaving sexual predators unguarded in spite of allegations about at least 10 mentally disabled children being assaulted in the past three years. When the Chicago Tribune began prodding into the assault reports, the Illinois Department of Children and Family Services last week decided to stop admitting wards into the hospital, a severe penalty for the hospital’s severe mistakes. Regarding one assault that occurred last year, Riveredge staff noted that there were drops of blood in a bathroom where a 19-year-old patient claimed that another teenager had raped him. Hospital officials did not send that victim to an emergency room nor did they report the incident to police. Even more striking, the alleged attacker had been admitted with the precaution that other patients needed to be protected from him for risk of sexual assault; so the staff had reason to know that he might attack another patient. Even after that rape was reported to staff, the hospital still failed to provide a one-on-one aide for the alleged rapist, as was required. There is no word yet whether any lawsuits will be filed in connection with the hospital’s alleged negligence. To read the full story, click here.

A woman filed suit against her psychiatrist for negligence and violations of the standard of care for carrying-on a relationship while treating her as a patient. The woman filed suit after the psychiatrist caused her severe physical, mental, and emotional injury. The suit alleges the woman and her psychiatrist began a sexual relationship within a year of beginning her treatment. The psychiatrist continued to treat the woman for four more years despite their relationship. In that time, he continued to prescribe her medication.

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A suburban Chicago mother recently settled her lawsuit against Northwestern Hospital for severe brain damage to her ten-year-old daughter during child birth. The case arose when doctors attempted to induce labor with the drug Pitocin. However, they administered the drug too aggressively, leading to strong contractions that were too close together. This resulted in severe brain damage to the child due to oxygen deprivation. Recognizing their fault, Northwestern Hospital settled the case for $9.75 Million.

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Tammy Rothwell thought that her new prescription drug Mirapex was a miracle for easing the symptoms of her Parkinson’s disease, but a new issue arose as her muscle tremors diminished. Rothwell had never gambled in her life and was careful with money until she began taking Mirapex and started compulsively spending $200 a day on lottery tickets and irrationally buying things like 100 tubes of lipstick. In two years, she spent more than $70,000. Rothwell reports feeling as though she was another person while on Mirapex, she had lost control over her actions.

Rothwell is not alone, however, a study was recently conducted that revealed more than 13 percent of patients taking a class of drug called dopamine agonists, which are sold under names like Mirapex and Requip, suffer from at least one of four behavioral addictions. Among the addictions are gambling problems, heightened sexual interest, compulsive spending, and compulsive eating. This news may change the way that doctors treat Parkinson’s patients. Read more here.

Medical malpractice lawsuits are sure to arise after a Texas hospital is responsible for overdosing babies with the blood thinner heparin. The heparin overdoses lead to at least 17 babies suffering injuries. The medication dosing error caused one of the babies to die. The other babies have sustained severe personal injuries due to the hospital’s negligence. This tragic story is reminiscent of the tragedy that occurred to Dennis Quaid’s twins who were also given improper heparin doses. To read more about the hospital’s pharmaceutical dosing error click here.

Judge William Maddux of the Circuit Court of Cook County entered an order approving the $800,000.00 settlement of a lawsuit filed by Steven Levin and Michael Bonamarte of the law firm of Levin & Perconti. Levin and Bonamarte filed the lawsuit on behalf of the family of Carmen Preciado, who died as a result of squamous cell bladder cancer.

Carmen Preciado was a patient of the two defendant doctors and HMO clinic for several years. On October 25, 2002 Carmen went to the HMO clinic and was seen by Dr. Pulido and had signs and symptoms of hematuria, which is blood in the urine, and painful urination. Carmen again went to the clinic on November 8, 2002 and again reported painful urination; this time to Dr. Chacko. The lawsuit alleged that Dr. Pulido and Dr. Chacko were negligent by failing to recognize Carmen’s signs and symptoms and refer Carmen to a urologist for a cystoscopy in a timely fashion in October and November of 2002. Carmen returned to the clinic in January of 2003 and was finally referred to a urologist who performed a cystoscopy and diagnosed squamous cell bladder cancer. The delay in referral delayed Carmen’s diagnosis and treatment. The lawsuit claimed that if Carmen was referred to a urologist in October or November of 2002 her cancer would have been diagnosed while it was still contained in the bladder and she could have been successfully treated. To read more, click here.

In Downey v. Dunnington, the appellate court affirmed the trial court's holding.
The court reasoned that, although the trial court erred when it refused to allow plaintiff's attorney to cross examine defendant's expert with regards to authoritative article and overruled objection to admission of testimony that defendant, the surgeon's father is a member of the clergy, it was harmless error in plaintiff's trial for medical malpractice alleging that she received prophylactic double mastectomy without genetic testing to confirm predisposition to breast cancer. Further, it was not error for trial court to refuse to allow authoritative treatises to be published to the jury; or to allow defense to use plaintiff's deposition to impeach her. In addition, verdict in favor of defendants is not against the manifest weight of the evidence, as jury was free to believe defense expert and not plaintiff's.

While African Americans are diagnosed with kidney disease at a rate higher than white people, they are less likely to be referred for kidney transplants, placed on a waiting list, and to get kidneys once on the list. All of that means that African American are spending more time on dialysis, which is associated with higher death rates and lower quality of life. There are some explanations for the discrepancy, like the matching system for donors and patients. That system seeks matched based on tissue types, decreasing chances of rejection of the organ; African American people are more likely to be compatible with another person of the same race and a smaller percentage of donors are African American. A serious issue adding to the gap between the races in that physicians may be less likely to refer an African American patient to be evaluated for a transplant. This can cause a delay in receiving a much-needed transplant, which is serious. One study showed that this could be caused by a belief by doctors that African Americans are less likely to have their survival odds improved by a transplant. The reason for this belief is not clear. Read more here.

The 2d District Appellate Court affirmed a jury verdict awarding plaintiffs in a medical malpractice suit $6.3 million. The defense's appeal was based on a clause in the Good Samaritan Act which immunizes doctors who render emergency care without accepting a fee from being sued for medical malpractice. The defense argued that because it chose not to charge the plaintiff's for the decedent's medical bills, it fell under the clause and could not be subject to suit. Citing precedent, the Court noted that the Act does not protect physicians who render emergency services in situations that arise within the confines of their employment. Instead, the clause is meant to extend to health care professionals who render emergency treatment to victims in emergency situation "on the street." This ruling affirms that negligent doctors cannot escape liability simply by choosing not to charge the victims of their malpractice.

In Johnson v. Loyola University Medical Center, No. 1-06-3222 the 4th division, Justice Murphy reversed the trial court, holding that the trial court erred when it allowed defendant's motion for judgment NOV after verdict in favor of plaintiff as result of a trial for medical malpractice. The issue in the case was a claim that plaintiff's decedent went into cardiac arrest after being placed in hospital bed without telemetry monitoring. Even though he was not able to testify with regards to efficacy of cardiac catheterization and bypass surgery, pulmonary and emergency care physician expert that continuous telemetry monitoring would have increased potential for successful intervention and reduced risk of brain damage from lack of oxygen of plaintiff's decedent, is sufficient to meet plaintiff's burden of proof on proximate cause.

Medical malpractice and medical negligence are documented in a new book "Truth, Lies, and the O.R.," which is written by two doctors. The book chronicles the frightening experiences that patients faced with a negligent doctor and with a negligent hospital may come across. The book helps to show patients how to choose an adequate physician or an adequate health care facility in order to prevent a misdiagnosis or to avoid coming across a negligent physician. To read more on this fascinating book that sheds light on a nationwide problem of medical negligence suits and medical malpractice lawsuits click here.

In Jones v. Rallos, No. 1-04-2979 Justice Quinn affirmed the trial court's holding after reconsideration by order of the Illinois Supreme Court. The court reasoned that the trial court did not err when it denied defendant's motion for directed verdict and motion for a new trial in medical malpractice claim. The plaintiff alleged that he suffered damages and changed his lifestyle as result of his doctor informing him that he tested positive for HIV, when the test was inconclusive and the doctor failed to order proper follow up testing. Further, the doctor presented insufficient evidence that she made a referral to plaintiff to withstand directed verdict on her affirmative defense of mitigation. Additionally, the trial court's evidentiary rulings are not an abuse of discretion.

http://www.levinperconti.com/lawyer-attorney-1090334.htmlA deadly meningitis virus left an eighteen month old dead six year ago. His family finally sought justice last month when they reached a personal injury lawsuit settlement in the amount of 1.25 million dollars. The settlement arose out of a finding that the doctor treating the toddler had engaged in medical malpractice. The negligent doctor was not in tune with a correct diagnosis and the doctor misdiagnosis lead to the boy’s death from meningitis, the doctor believe the toddler simply had a stomach problem. The community hospital malpractice was settled in a suit last month but the toddler’s parents will still never be able to get their son back. To read the full story click here.

In Ruffin v. Boler, No. 1-06-3437 (June 25, 2008), the 1st div. (Garcia) affirmed, holding that the trial court erred when it granted new trial after jury returned verdict in favor of defendant. The subject matter of the trial was obstetrician malpractice. The court held that any error associated with purported improper cross examination of the plaintiff's expert was corrected by trial court in its admonition to jury; and trial court properly allowed testimony of defense biomechanical engineering expert with regards to probability that natural force of labor, rather than excessive use of lateral traction caused damage to child's shoulder during delivery.

A new study suggests that claims of medical malpractice verdicts in Illinois spiraling out of control are greatly exaggerated. The study analyzed Illinois jury verdicts and settlements since 2002 by county. In contrast to claims that juries are awarding Plaintiffs millions-upon-millions in frivolous lawsuits, the study concluded that Plaintiffs prevail at trial in only about 1 out of 3 cases, with median verdicts at about $1 Million. The same holds true for settlements with most offers being characterized as de minimis especially when factoring in the high costs associated with a medical malpractice and negligence case. This study also dispensed with the myth that a medical malpractice case in Illinois could only succeed in Cook County. Statistically, there appears to be little difference in either the success rates or size of the verdicts when comparing Cook County to the rest of Illinois. Altogether, the study shows that criticisms of medical malpractice claims in Illinois are greatly exaggerated.

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Surveillance footage from a hospital shows a woman falling from a chair, writhing on the floor, and, finally, dying, as workers fail to react for over an hour. Esmin Green, 49, waited in the emergency room for almost 24 hours until she fell face down on the floor from the chair she was sitting in. She fell at 5:32 a.m., by 6:35 a.m., when a medical staff member who was flagged down by another person in the waiting room nudged Green’s body with her foot, she was dead. Until that staffer was summoned, Green hardly drew any attention. Patients sitting nearby did not react at all, security guards and a hospital staff member seemed to have noticed her body a minimum of three times, but, from the video, it does not appear that any of them attempted to aid her. In fact, one security guard could not even be bothered to leave his chair, instead, he rolled it around the corner, stared at her body, then rolled it back. Green had been involuntarily committed the day before the incident and was still waiting for a bed when she fell; her body stopped moving approximately half an hour after she fell. Reportedly six people have been fired because of the incident, amongst those let go are security personnel and staff members.

This is not the first issue with the hospital’s mental health unit, which was sued last year by the state’s Mental Hygiene Legal Service and Civil Liberties Union, who called the unit “a chamber of filth, decay, indifference and danger.” The lawsuit further states that patients who complained too much were occasionally handcuffed, beaten, or injected with psychotropic drugs. The parties in that suit went before a judge on Tuesday where the hospital agreed to institute reforms, including checking on patients in the waiting room every 15 minutes. Additionally, the hospital will make attempts to shorten the average waiting time to 10 hours within the next four months.

Adding to the shocking situation is the fact that Green’s medical records appear to have been altered or falsely filled out in an attempt to cover up the incident. For example, there is a note for 6 a.m. that claims she was “awake, up and about” and another 20 minutes later claiming she was sitting in the waiting room and that her blood pressure was normal, in actuality, Green was either dead or writhing on the floor during those times.

It is unclear whether Green’s family will seek to file a wrongful death lawsuit for this apparent medical malpractice. To read more about Green's shocking death click here.

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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The Medical Board in one state decided to post medical malpractice payouts on its website, but doing so has been met with opposition. The Board, who licenses and disciplines 22,000 doctors who practice in the state proposed displaying all malpractice payouts going seven years back. This last proposal comes as part of an overall effort to inform patients about their doctors. The state at hand is not alone in its proposal, 25 other states have done similar things. The people who oppose it, of course, are doctors and hospital, medical malpractice insurers, and defense attorneys, who dislike the rule in general, and the seven year retroactivity in particular. The Board’s legal director, however, says that only one state who has similarly posted retroactively has faced a challenge, and that challenge failed. Last year the state legislature gave the Board approval to post the payouts, but also gave the Board free reign in deciding how to do so. The final decision will be made next month.

Posting medical malpractice payouts also has proponents, like Wanda Nicholson, who husband was partially paralyzed in his foot after a spine surgery. Wanda had checked the Board’s existing file regarding the doctor before the surgery, but found nothing bad. After the surgery, Wanda found out that the doctor had had issues with other patients, and some patients may have even filed medical malpractice lawsuits. Read more about the website medical malpractice postings here.