August 31, 2008

Decision upheld in Wrongful Death Case

The decision to award a plaintiff $5 million judgment for a wrongful death suit has been upheld by the State’s Supreme Court. The case involves a man who went to his doctor after suffering severe headaches, loss of sight in one eye and double vision. The doctor decided it was a condition resulting in excess spinal fluid, drained some of the fluid, gave him medicine to help and sent the fluid off to be tested. The doctor claims he did not get the results back for several days (although the lab says they were back later that day) which showed that the patient was suffering from meningitis. The patient began treatment once the doctor realized what was wrong, however his condition deteriorated leading to his death. The family filed a wrongful death lawsuit against the doctor for his negligence in diagnosing the issue quickly enough to save their family member. The State Supreme Court found that there was sufficient evidence to uphold the lower courts finding that the doctor was negligent and that this contributed to the victim’s wrongful death. For the full story click here.

August 31, 2008

Misdiagnosis leads to Medical Malpractice Lawsuit

A woman has filed a medical malpractice lawsuit after she was misdiagnosed and underwent treatment for cancer that she did not have. She went to the doctor with flu-like symptoms and a density was found on her lung which was later diagnosed as cancer. After undergoing treatments and the density not responding as expected, doctors realized that it was not cancerous (only a benign tumor) and that she was being mistreated with the cancer treatment. The medical malpractice lawsuit states that she has suffered multiple medical issues as a result of the cancer treatment that she did not need. The doctor who misdiagnosed says that it is not possible to diagnose every case correctly. For the full story click here.

August 30, 2008

Decision Reached in Medical Malpractice Trial

The family of a woman who died during ankle surgery lost their medical malpractice lawsuit in a jury trial. The family had claimed in their medical malpractice lawsuit that doctors and the hospital were negligent for not monitoring the oxygen level in the 55 year old woman’s blood. The hospital allegedly ignored the patient’s history of medical problems that included diabetes, high blood pressure and a kidney transplant. The family’s attorney stated that the woman died from respiratory failure and this could have been prevented with a monitoring device that was not used. The family argued that medical professionals should realize the importance of taking special precautions to protect patients. The jury came back after an hour and twenty minutes with a verdict of no liability in the medical malpractice suit. To read the full story, click here.

August 30, 2008

Studies Show the Possibility of a Relationship Between Cesarean Delivery Rates and Medical Malpractice Rates

University of Connecticut studies show that there may be a relationship between cesarean delivery rates and medical malpractice rates. Normal vaginal delivery is considered safer than a cesarean delivery for both mother and baby if the birth is uncomplicated, however cesarean deliveries are recommended for any complications. The rising number of cesarean deliveries may have caused the mean premiums for medical malpractice insurance for obstetricians to increase from less than $80,000 for an individual physician to more than $120,000. Many medical malpractice lawsuits come when a baby is not born using the cesarean delivery and has poor fetal outcome. Doctors argue that these deliveries are risky for the mother of the child, and the decision to perform a cesarean is a great one. Nationwide, cesarean deliveries account for 30.2 percent of all deliveries in 2005, compared to 20.7 percent in 1996. To read the full story, click here.

August 29, 2008

Man Loses sense of Smell in Nasal Surgery

Jurors are deliberating in a medical malpractice suit where a man sued his dentist for a negligent nasal surgery. The man lost his sense of smell a month after the surgery. The man had originally gone to the dentist to have his wisdom teeth pulled and the dentist noticed he was having difficulty breathing through his nose and suggested nasal surgery to remedy the problem. The dentist used a procedure called radiofrequency ablation in which a probe is placed is placed directly into the nasal tissue. The dentist was able to control the heat and how it dispersed on the nasal tissue. The man’s attorney claims that the dentist put too much heat on the nasal tissues that caused an infection which led to his loss of smell. The man has subsequently been to two specialists, but still is unable to regain his sense of smell. The trial lasted four days. To read the full story, click here.

August 29, 2008

Studies Show that Mold Plagues Hospitals and Nursing Homes

Residents, workers and visitors are complaining about headaches and cold/allergic symptoms while they are at work in a Georgia hospital. The problem: mold and mildew that is so prominent workers can smell it. Workers began complaining and when nothing was done, filed lawsuits. The CDC has stated that “Mold can cause or worsen certain illnesses.” When patients enter a hospital, they surely are not hoping that their illness worsen. Additionally immuno-suppressed patients, those with AIDS, cancer or organ transplants, can suffer from fungal infections due to the mold and mildew. Although mold is more prominent in humid conditions, it is possible that mold and mildew are present in Chicago hospitals. To read the full story, click here.

August 29, 2008

Medical Malpractice Suit Follows Death from Gastric Bypass Surgery

A lawsuit against an allegedly negligent hospital and negligent surgeon comes after a death post-surgery. A 39 year old woman died after gastric bypass surgery, she is survived by her husband who claims that the hospital was negligent by failing to monitor the patient and by doing surgery when the patient was not a good candidate for it. A lawsuit has been filed for both the personal injuries sustained by the patient before her death and also for damages that the family has suffered after the death in the hospital. The medical malpractice lawsuit claims that both the doctor and hospital were negligent in the surgery and treatment of the patient. To read the full story click here.

August 28, 2008

Doctor’s failure to completely remove boy’s tumor results in 1.9 million dollar settlement.

A surgeon found a lesion on a boy’s right fifth rib and decided to remove this tumor. However, the doctor negligently removed tissue yet did not cut out the entire tumor. After the surgery the tumor because malignant and the cancer spread to four more ribs on the boy. He underwent many painful surgeries, all of which could have been avoided if the doctor had removed the tumor completely. The boy was granted a $1.9 million medical malpractice settlement from a suit that he brought against both the hospital and the doctor himself. Medical malpractice is a grave problem both countrywide and in Chicago. To read the full story, click here.

August 27, 2008

FDA to Strengthen Warnings on Diabetes Medication following Two Deaths

The US Food and Drug Administration (FDA) is planning to strengthen the warnings on the diabetes drug Byetta after receiving reports of another 6 patients being admitted to the hospital. Two of these patients died because they got hemorrhagic or necrotizing pancreatitis after taking the drug. Byetta is a drug that is administered by injection for treating adults with type 2 diabetes. The total number of people that have fallen ill with pancreatitis after taking Byetta is 36. The FDA said that the there is “an association between Byetta and acute pancreatits is suspected in some of these cases.” However, most of the reported cases involved at least one other risk factor. The agency did say that it is not advising doctors to stop prescribing Byetta and will be posting further advice and alert updates if they receive anymore information. To read the full story, click here.

August 26, 2008

Family Files Medical Malpractice Lawsuit After Family Member Dies After Surgery

The family of a woman who passed away after complications resulting from undergoing gastric bypass surgery has filed a medical malpractice lawsuit against the doctor who performed the original and follow up procedures. The lawsuit claims that she was not a proper candidate for the surgery and this was overlooked, and then further that she was not properly cared for in follow up visits. The patient came into the hospital several times complaining of pain caused as a result of the surgery. According to the wrongful death and medical malpractice lawsuit filed by the family, the doctor who performed the original surgery eventually performed a laparotomy to repair a perforated bowel (a complication from the original surgery) and the patient died shortly thereafter from sepsis caused by the perforated bowel. This type of medical malpractice lawsuit is common and often filed in Chicago, Illinois as well. For the full story click here.

August 25, 2008

Popular Pharmaceutical Botox Results in Personal Injuries and Product Liability Lawsuits

Personal injury lawsuits have resulted after many consumers claim they have been injured due to the use of a medical product known as botox. The company that produces the medical product, Allergan, claims that the medical product is safe and that the product liability and medical liability lawsuits are unfounded. The FDA and the U.S. Department of Justice have been continuously monitoring the makers of the product which some consumers claim to be a product that is negligently manufactured. As of now product liability and pharmaceutical liability lawsuits continue. It is possible that some doctors may also come under scrutiny for prescribing the pharmaceutical product. To read more about this popular wrinkle-free quick fix that has caused many lawsuits to be filed click here.

August 25, 2008

Medical Malpractice Settlement with Large Hospital after Failures to Sterilize Medical Equipment Were Revealed

A medical malpractice settlement has occurred after several injured patients sued a large hospital for medical malpractice and for negligence. Personal injury lawsuits have occurred after the patients were injured due to the hospital’s error in its failure to clean medical instruments used on patients. Additionally product liability lawsuits have occurred against the negligent companies who were contracted to clean and sterilize the medical equipment. To read more about this medical malpractice lawsuit regarding a failure to clean and failure to sterilize medical equipment click here.

August 21, 2008

Medical Malpractice Claims and Hospital Deaths Tallied

A new hospital comparison website has expanded to inform the public about more than just a hospital’s negligent, proper or above average performance. Hospitals keep track of hospital deaths from a wide variety of illnesses and conditions. A new website has listed the hospital death tolls for hospital pneumonia deaths, hospital heart attack deaths and hospital heart failure deaths. Although some hospital deaths are natural, medical malpractice and hospital negligence does play a role in a significant number of preventable deaths. This new website is a great source to make sure the hospital you or a loved one is to visit is acting in a reasonable manner and that the hospital is not full of negligent hospital staff and negligent doctors. In order to prevent wrongful deaths and medical malpractice lawsuits hospitals must learn to operate reasonably, efficiently and safely. To read the full story on this new website click here.

August 21, 2008

Codeine In Breast Milk Linked to Infant Deaths

A class action lawsuit has been launched for personal injuries and wrongful deaths sustained by many families against the makers of Tylenol 3, a product which contains codeine. Mothers who are breast feeding their children and taking the drug codeine may be at a previously unknown risk for placing their infants at harm. The product liability lawsuit claims that the pharmaceutical drug can cause personal injuries to infants including infant deaths because when taken by some woman the drug is naturally converted from codeine to morphine that is passed along to their infant via breast milk. Many doctors who recommend the drug after hearing these risks may be liable to their patients for medical malpractice. To read the full story click here.

August 17, 2008

Patient Suing Over Privacy Rights

A woman is suing a medical-services company for disclosing her personal information after undergoing an operation. Although privacy laws are supposed to keep personal information and medical conditions private, all of her information was published in an article. While HIPAA (Health Insurance Portability and Accountability Act) is supposed to protect patient rights, there have been issues all over the country, including in Chicago, Illinois where patient privacy rights have been violated. Many of the cases arising from the HIPAA violations have not even received any investigation and have been dropped and this continues to be an issue for many patients who feel there rights have been violated. For the full story click here.

August 14, 2008

Settlement Reached in Death at Dental Office

A settlement was reached in the wrongful death case in which a high school principal died during a routine dental procedure in Chicago, Illinois last year. The patient was over medicated while undergoing a routine procedure and was not monitored properly. This medical malpractice led to the patient's wrongful death while still in the dental office. The doctors performing the procedure are currently on probation and the dental office will pay $8.5 million to settle this medical malpractice and wrongful death lawsuit. To read the full story click here.

August 11, 2008

Multi Million Dollar Medical Malpractice Lawsuit due to Wrongful Death of a Patient

A medical malpractice lawsuit has resulted in a multi-million dollar medical malpractice award for a widow whose husband died as a result of a hospital’s negligence. The death in the hospital came as a result when the patient, a 49 year old male, was not properly monitored by hospital personnel. Although the settlement has resulted in a large medical malpractice settlement it is likely that due to caps on settlements the widow will not be able to obtain the full amount. The wrongful death and negligence suit against the hospital may cause the hospital to closely monitor and supervise patients in the future but for one couple the money will not be able to bring back their lives together. To read the full story click here.

August 8, 2008

Levin & Perconti Files A Wrongful Death and Medical Malpractice Lawsuit for the Death of Baby Kaylee Persky in Champaign County, Illinois

Levin & Perconti has filed a medical malpractice and wrongful death lawsuit for the death of baby Kaylee Persky in Champaign County, Illinois. Kaylee was a patient at the Carle Foundation Hospital where the hospital and its staff failed to monitor her medical condition. She died at age 20 months on August 31, 2006. Jeffrey E. Martin, a partner at the firm, filed the lawsuit on behalf of Kaylee’s surviving family members.

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August 6, 2008

Wrongful Administered Pain Medication Leads to Hospital Medical Malpractice Suit

A wrongful death suit has been filed against a doctor and hospital claiming negligent administration of pain medication. The victim of the alleged medical malpractice went to the hospital to undergo an elective ankle surgery procedure. During the course of the surgery the patient died. The million dollar medical malpractice lawsuit is alleging that pain medication was given in incorrect doses causing the patient to die. To read the full story click here.

August 4, 2008

Million Dollar Lawsuit Against Negligent Hopsital

A multimillion dollar settlement has been reached in a wrongful death action against a medical center. A hospital patient died after she drowned in the shower at the hospital because of a failure to supervise the patient’s condition and ability to shower by herself. The medical malpractice suit also alleged that the hospital was negligent by altering medical records, failing to supervise its patients and tampering with evidence. The five million dollar medical malpractice lawsuit will never however be able to bring back the patient whose wrongful death left her family facing tragedy. To read the full story click here.

August 4, 2008

Inflated costs of Medical Devices Results in 75 Million Dollar Settlement

A large legal settlement has resulted due to negligent overpricing that came from the company Kyphon Inc. The company engaged in fraudulent medical device sales by inflating the prices of equipment used in back surgery. Patients who underwent back surgery known as kyphoplasty as a result were paying higher prices for the surgery. Negligent doctors and negligent hospitals were keeping patients overnight to increase the costs of the medical procedures. As a result Medicare costs increased and the large legal medical settlement has placed 75 million dollars in the hands of the federal government to settle the legal case. To read more on this story click here.