Illinois Medical Malpractice Blog

A Chicago suburban family says they will never know for certain if a tumor removed from their daughter two years ago was cancerous, since Children’s Memorial Hospital lost the tumor. A negligence medical malpractice lawsuit was filed this week in Cook County Circuit Court on behalf of Kara Morris by the lawyers at Levin & Perconti. The medical malpractice lawsuit alleges that the surgeons removed a tumor and lost it before a biopsy could determine whether it was cancerous. The 16 year old patient was informed that she would never know whether or not the tumor was malignant. In addition to the stress of the situation, the teen will most likely face great difficulties obtaining individual insurance as she moves into adulthood because of her uncertain health status. To read the full story, click here.

Federal health officials said that they were reviewing a higher rate of deaths among patients treated with a Johnson & Johnson anemia drug in a study of stroke patients. Sixteen percent of patients who were treated with the drug, Eprex, had died three months after the study began, compared with 9 percent who were given a placebo, the FDA said in a statement. The study was testing whether Eprex could improve brain function in stoke patients which is an unapproved use of the drug. Expex is known generically as epoetin alfa, which is also known as Procrit. The drugs are part of a class called ESAs which are approved for treating patients with kidney disease and cancer. The safety of ESAs came under scrutiny after studies found tumor growth or shorter survival for some patients given high doses. The higher death rate in the study “suggests the need to closely monitor patients enrolled in other ongoing trials for adverse outcomes and to evaluate whether the potential benefits for enrolled patients outweigh the risks in these trials. To read the full story, click here.

A federal judge announced that Oregon Health and Science University has settled six medical malpractice suits. The settlements average more than $6 million, totaling $38.5 million, each which is well above a statewide liability cap recommended to state lawmakers. The University and the state’s trial lawyers agreed earlier this month to a $2 million cap on medical malpractice suits. The judge who presided over the settlements included $9.3 million to the family of a boy who suffered permanent brain damage because of a mistake made at the university. The $200,000 liability cap that had protected the hospital from paying out large claims was lifted as a result of the family lawsuit. This case exemplifies that legislative determined damages caps are unable to address the individual needs of victims. To read the full story, click here.

A state Supreme Court declined to hear a case on whether or not medical malpractice damage caps violate state constitutional rights. The state’s legislature approved caps on non-economic damages, such as pain and suffering, yet still allowed direct appeals on constitutional questions. The patient in the case had contended that the $250,000 cap violated constitutional provisions such as the right to due process, equal protection and jury trials. The state had capped non-economic damages in medical malpractice suits at $250,000 and death suits at $1.6 million one of the lowest caps in the country. Since the act’s enactment, hundreds of medical malpractice suits have been filed in the area, and many of them claim that the caps are unconstitutional. Legislative determined caps do not allow a jury to look at each case individual and deny victims their due process in court. To read the full story, click here.

An East Chicago hospital misdiagnosed a man in 2003 and the man has filed a medical malpractice lawsuit. The personal injury lawsuit claims that the East Chicago man went to the hospital complaining of breathing problems and underwent tests. The doctors at the East Chicago hospital informed the medical malpractice victim that he had lung cancer. Later in 2003, the medical malpractice victim was told that the doctor had switched his tissue samples with another patient, resulting in a misdiagnosis.

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Celebrity Ed McMahon is suing a hospital in Los Angeles for $1 million on the grounds of negligence and elder abuse. The 85-year-old entertainer is accusing the hospital through a medical malpractice suit of fraud, battery, elder abuse, intentional infliction of emotional distress, breach of fiduciary duty and negligent misrepresentation. Mr. McMahon claims that he did not receive adequate care upon entering the hospital for severe neck injury. The medical malpractice suit states that his neck injury led him being unable to work. McMahon claims that due to the hospital’s sub par care, he had to endure three traumatic surgeries. A judge determined that McMahon is able to request punitive damages, and gave him adequate time to do so. To read the full story, click here.

A jury found a podiatrist liable for medical malpractice after he removed a growth from a woman’s big toe. The man did not check the growth for cancer, yet the podiatrist did no such tests. The mother of two was diagnosed with a malignant melanoma a year after having the growth removed. The jury concluded that the woman’s chances of beating the cancer were greatly reduced because the podiatrist failed to have tissue from the excised growth tested for cancer. According to the patient, the podiatrist placed the lesion in the container and told them he would take it for testing. The woman is now in stage three of the cancer and she has just a 17 percent chance of living another 12 years. The trial lasted 5 days and the jury returned a verdict of more than $8.1 million in damages. To read the full story, click here.

A medical malpractice lawsuit that was recently moved from state court to federal court has been sent back down to state court after federal review. The U.S. Attorney’s Office asked that the federal government be involved because one of the doctors was an employee of a network who received federal funds. The U.S. Attorney’s Office argued that employees are considered federal government employees for coverage under the Federal Tort Claims Act. The US District Court Judge substituted the federal government for the county and then dismissed the federal government for the plaintiff’s failure to file and administrative claim. This allowed him to remand the case back to the county because the federal government was no longer a defendant. The medical malpractice lawsuit alleges that the patient went in for a knee replacement and came out with a fever and digestion problems. He developed liver failure and respiratory problems and is alleging that the doctors failed to assess his condition or properly treat him. To read the full story, click here.

In November, the Supreme Court will hear arguments about whether a woman whose arm was amputated may keep more than $6 million from a jury award. The award was against a pharmaceutical company who failed to warn her adequately about the risks of one of its drugs. The woman went to a clinic suffering from a migraine and was given the drug Phenergan for nausea. When Phenergan is exposed to arterial blood it causes swift gangrene, which caused the woman to lose her arm. The Supreme Court will decide whether the doctrine of “pre-emption” can be applied which would bar injured consumers from suing in state court when the products that hurt them had met federal standards. Business groups have vigorously pursued pre-emption arguments in a hope to build a barrier against many kinds of injury suits. By leaving the case to the state, the jury is allowed to view the safety of the drug through the lens of a single patient who has already been catastrophically injured. To read the full story, click here.

A west Chicago suburban woman whose son was born with severe brain damage has agreed to a $5.5 million settlement with the doctors and hospital after they caused a lifetime of problems for her son. The mother of the boy agreed to a settlement with the hospital in Melrose Park, Illinois and the two doctors. After the mother was admitted to the hospital and given a drug to induce contractions, her baby’s heart rate started to drop. She argues that an obstetrician should have been called in, but instead the family doctor tried to deliver the baby using a vacuum retractor. When the vacuum retractor didn’t work, he tried using forceps which became lodged in the mother’s uterine wall. The baby boy, who ended up being delivered by C-section by another doctor had been deprived of oxygen long enough to cause brain damage. The young boy is now 6 and is unable to walk, talk, feed himself or sit on his own. A Cook County jury found only the first doctor liable for the young boy’s injuries but the hospital and the second doctor will also have to contribute to the damages. To read the full story, click here.

A family from north suburban Chicago will never know for certain if a tumor removed from their daughter two years ago is cancerous because Children’s Memorial Hospital lost the tumor. After the 16 year old underwent surgery to remove the tumor from her thyroid, Children’s Memorial Hospital lost the tumor before a biopsy could be performed. The family, along with the attorneys, at Levin & Perconti filed a medical malpractice suit against the hospital so that other families do not have to go through the anguish that they are facing. The young woman will never be certain as to whether or not she had cancer. To read the full story, click here.

Recent studies have shown that the decrease in nurses in hospitals has lead to decreased patient care, more patient deaths and more medical malpractice lawsuits. Nurses have the most contact with the patients, while they are in the hospital. Nurses have had to start working longer hours and taking care of more patients as a result of these nursing shortages. Due to this overload and inability of nurses to be able to focus as much time and effort on their patients, this has lead to a higher rate of negligence and wrongful deaths. A recent publication shows that there has been as high as a 31% increase in patient deaths at hospitals where there is understaffing. For the full story click here.

The attorneys at Levin & Perconti have filed a medical malpractice lawsuit on behalf of a Chicago suburban teen that underwent surgery at Children’s Memorial Hospital in Chicago in 2006. The teen is claiming that the hospital lost a tumor removed from her thyroid before it could be biopsied. The medical malpractice suit claims that after having surgery to remove a tumor encased in the girl’s thyroid, Children’s Hospital lost the tumor before they could determine if it was cancerous. This hospital negligence caused and continues to cause emotional stress and anxiety for the teen, as she will never know for certain if she does or does not have cancer. During the surgery doctors removed the tumor and a portion of the teen’s thyroid. When her and her family returned to receive the biopsy results, the family told them that because they lost the sample no biopsy could be performed and no determination regarding the presence of cancer could be made. The young teen cannot go a day without thinking about it, because she is always uncertain as to whether she has cancer. The attorneys at Levin & Perconti filed the medical malpractice lawsuit because Children’s Hospital’s inexcusable loss of the tumor will cause her lifelong stress. To read the full story, click here.

An Illinois family is suing a hospital alleging that the hospital is responsible for losing a tumor before they analyzed the tumor for cancer. The teen’s tumor was never tested to see if it was cancerous. Levin & Perconti filed a medical malpractice lawsuit last week in the Cook County Circuit Court on behalf of Kara Morris of Chicago Suburb Highland Park, Illinois. The suit claims that Children’s Memorial Hospital in Chicago removed a tumor from the teen’s thyroid and lost it before a biopsy. The surgery was in October of 2006 and a week after the surgery the family was told that the hospital lost the sample and that no determination could be made as to whether the tumor was cancerous. The family continues to stress over the incident and the hospital’s negligence may have an affect on the teen’s ability to obtain health insurance in the future. This may be difficult because she is never certain as to her health status. To read the full story, click here.

Doctors say that medical mistakes can have more serious consequences in children than they do in adults. A study in the journal Pediatrics found that problems due to medications occurred in 11 percent of children who were in the hospital, and that 22 percent of them were preventable. An Institute of Medicine report found that besides medication errors, children are also the victims of diagnostic errors, incorrect procedures or tests, infections and injuries. Medical errors are a greater threat to children than to adults because they are physically small and their immune systems are still developing. Even a tiny increase in the dose of medication can have serious effects, especially in premature babies. Children deteriorate more rapidly than adults and they are less able to communicate their problems. 32 percent of medication errors in children in the operating room involved the wrong dose, while this only occurs in 14 percent of adults. Experts have come up with ways to reduce the threat of medical malpractice in children such as ID bracelets, ensuring that health care providers are hygienic, getting all the correct information, and asking questions. Although these are ways to reduce risks, it is ultimately the role of the physicians and staff to ensure that children are properly medicated. To read the full story, click here.

A family from the North Chicago suburb of Highland Park is suing Children’s Memorial Hospital in Chicago claiming doctors lost a tumor removed from their teenaged daughter. The teen had a tumor removed from her thyroid in 2006. The family claims that Children’s Memorial Hospital lost the tumor before performing a biopsy to determine if it was cancerous. The family alleges that without the tumor, they will never know whether their daughter has a potentially deadly disease. Her mother claims that the teen lives everyday in fear. The attorneys at Levin & Perconti filed the lawsuit on behalf of the family because they and the teen’s family does not want any other family to go through this turmoil. To read the full story, click here.

The attorneys at Levin & Perconti filed a lawsuit in Cook County Circuit Court on behalf of a teen whose tumor was lost by Children’s Memorial Hospital before the doctors could perform a biopsy. A week after the surgery the young woman and her family returned to the hospital to receive the biopsy results, but the hospital informed them that they could not tell her whether or not it was cancerous because they had lost the tumor. The young woman not only must now endure ultrasounds every six months to monitor her thyroid, she also may have great difficulties obtaining individual insurance in adulthood. To read the full story, click here.

A couple was awarded nearly $1.2 million by a jury in a medical malpractice suit filed against a doctor. The jury decided in a two-day trial that the doctor was negligent in his care of the patient who underwent hernia surgery in 2003. During the procedure, the man’s small bowel was nicked but not repaired at the time causing him to have a septic reaction that included an extended hospital stay. As part of his treatment for the nicked bowel, the patient incurred several hundred thousand dollars worth of medical bills. The doctor denied any negligence saying the patient “knew of and appreciated risks and hazards involved in the medical treatment.” The $1.2 million awarded included money for bills not covered by insurance. The man’s wife was awarded $50,544 for being “deprived the comfort, companionship, society and services of her husband.” To read the full story, click here.

The lawyers of Levin & Perconti filed a negligence lawsuit in the Circuit Court of Cook County against Children’s Memorial Hospital in Chicago on behalf of a young adult. After having surgery to remove a tumor encased in the girl’s thyroid, the hospital negligently lost the tumor before performing a biopsy to determine if it was cancerous. This negligence caused, and continues to cause, the young woman significant emotional stress and anxiety because she will never know for certain if she does or does not have cancer. The surgery was a fairly routine surgery where the doctors removed the tumor and a portion of her thyroid. A week later, when the victim and her family came into hear the results, the hospital informed them that they had negligently lost the tumor and no biopsy could be performed. Two years later, the young woman is still worried everyday that she might have cancer. She must undergo ultrasounds every six months to monitor her thyroid to ensure there is no new growth or changes. The attorneys at Levin & Perconti hope that this suit will reveal where the system broke down and how it can be corrected.

The real-world consequence of noneconomic damages caps in medical malpractice cases has had a devastating effect on survivors of deceased victims who are unemployed. Noneconomic damages are those given for pain and suffering, whereas economic damages are those given for lost earnings and medical bills. For low-earning or elderly plaintiffs, noneconomic damages are their only hope in court. Studies have found that most of the “savings” of damage caps come from wiping out the awards to negligently injured plaintiffs who could potentially win large noneconomic damages in court. These people are those who are unemployed, including babies, children and housewives, some of whom are killed by negligent treatment. Noneconomic damages can be excessive, but they are intended to compensate for real suffering, and they are the only way some plaintiffs can get legal help. To read the full story, click here.

Earlier this year, the US Supreme Court decided that there was a federal law barring suits against makers of government-approved medical devises such as pacemakers. Now, the Court will consider whether to extend the shield against lawsuits to the makers of prescription medicines and over-the-counter drugs. The current case before the court concerns a 62-year-old musician whose right arm was amputated after an anti-nausea drug was improperly injected into an artery and caused gangrene. She was successful in her medical malpractice suit and was awarded $6.7 million. The pharmaceutical company is appealing the medical malpractice suit saying that it should be thrown out. They claim that the FDA should decide whether a drug is safe or dangerous, not a jury. This would be changing the historical right to a civil jury trial as a protection for consumers. Consumer rights advocates state that companies should not have immunity from liability that ordinary citizens don’t have. To read the full story, click here.

The recent decision in Lasalle Bank, N.A. v. C/HCA Development, No. 1-06-1859 (8/5/08) ruled that although the trial court erred when it substituted the phrase "reasonably well qualified" for "reasonably careful" in the 2006 version of IPI 150.01 in medical malpractice trial, it was not reversible error; because instruction actually given was also an accurate statement of the law. Further the trial court's refusal to allow deposition testimony of defendant as substantive evidence is not reversible error because of the invited error doctrine; the plaintiff failed to ask the trial court to reverse its ruling on motion in limine before attempting to introduce evidence that plaintiff belonged to HMO; and it did not abuse its discretion when it refused to admit evidence of financial incentive not to refer to a cardiologist because referral was, in fact, made. The higher court affirmed the trial court’s medical malpractice suit decision.

A patient has filed a medical malpractice lawsuit against his psychiatrist, alleging the doctor prescribed a medication for an off-label use that left him permanently disabled. The patient had been referred to the psychiatrist for depression and anxiety but also had a history of diabetes, hypertension and hyperlipidemia. The patient was prescribed Geodon at 40 mg per day dose, “which would constitute an off-label use”. The medical malpractice lawsuit states that the psychiatrist did not warn the patient of the potential of the major side effects of extrapyramidal symptoms and tardive dyskinesia. After problems with involuntary movements of the fingers and drooping eyes, the patient sought the help of a specialist. The specialist found that the patient had tardive blepharospasm and tardive dyskinesia induced by Geodon and Zoloft. The plaintiff is seeking damages of loss of earning capacity, disfigurement, medical expense and the loss of enjoyment of life. To read the full story, click here.

As health care takes center stage in the presidential election, both Barrack Obama and John McCain are looking to address the 13% of Americans that blame medical malpractice suits for the high health care costs (29% believe its insurance companies making too much profit and 21% believe that doctors and hospitals overcharge for their services). Both candidates have expressed interest in addressing costs associated with medical malpractice lawsuits, and both want a cap on damages awarded in those suits. However, by implementing caps, jurors hands are tied in cases of extreme or gross negligence on behalf of doctors or hospitals. Additionally, this problem is of least concern to Americans in terms of improving health care. To read the full story, click here.

A hospital and their employee is the center of a lawsuit which alleges he fondled and touched the genitals of two male patients. The employee has pending misdemeanor battery charges after he informed the patients that his actions were necessary for medical purposes when in fact they were sexual in nature and outside his job description. The hospital is accused of being negligent. It was the state agency who issued an order for an emergency suspension of Collins’ license. According to the lawsuit, the hospital didn’t take “reasonable or prudent steps” to investigate the first patient’s claims and did not remove the employee from interacting with patients. Since the lawsuit, other patients have reported sexual misconduct by the hospital employee. To read the full story, click here.

The FDA ordered stronger warnings on four medications widely used to treat rheumatoid arthritis and other serious illnesses, saying they can raise the risk of possibly fatal fungal infections. The four drugs, Enbrel, Remicade, Humira and Cimzia, work by suppressing the immune system to keep it from attacking the body. The drug works to relieve swollen and painful joints, but it also lowers the body’s defenses to infections. The FDA became concerned after discovering that doctors seemed to be overlooking a kind of fungal infection called histoplasmosis. Of 240 cases reported to the agency in which patients taking one of the four drugs developed this infection, 45 (20 percent) died. Patients are advised to call their doctors if they develop persistent fever, cough, shortness of breath or fatigue, which can be signs of the fungal infection. To read the full story, click here.

Over the past several years, the number of bariatric surgery operations (surgery for weight loss) has grown from a handful to over 150,000 procedures per year in the US. These procedures are actually very complex and patients are of high surgical risk. Due to these factors, many medical malpractice suits have followed these specific surgeries. Patients should be informed of the specific risks and alternatives by their surgeon. These include printed material and discussions with support groups or other venues. Additionally all patients should undergo an extensive pre-operation evaluation in order to minimize the risks of the procedure. Since complications and mortalities are more frequent in bariatric surgery than in other procedures, all complications should be recognized quickly and treated appropriately. Special considerations, such as high BMI, should be discussed before a bariatric surgery is scheduled. To read the full story, click here.

A federal judge decided to unseal confidential materials about the top-selling drug Zyprexa, citing “the health of hundreds of thousands of people” and “fundamental questions” about the way drugs are approved for new uses. Class-action suits claim that the pharmaceutical company, Eli Lilly, hid the side effects of the drug and marketed in for unapproved uses. Patients claim to Zyprexa caused excessive weight gain and diabeties. The judge stated that Lilly’s legitimate interest in confidentiality does not outweigh the public interest in disclosure at this stage. Drug and Pharmacy Errors are of great public concern and pharmaceutical companies are required to inform consumers of all possible side effects. To read the full story, click here.

The Texas Supreme Court upheld a medical malpractice award for the family of a man who died of a heart attack after waiting 12 hours for treatment following his admission to a hospital emergency room for chest pains. Jurors awarded $9.2 million in compensatory damages and $21 million in actual damages after evidence was presented showing that the gentlemen’s treatment was delayed because of poor hospital policies and lack of staffing. The State Appellate Court had reduced the total award to approximately $5.4 million but the Supreme Court ordered the hospital to pay the family approximately $10 million when the amount of pre- and post-judgment interest is included with the $5.4 million of actual and punitive damages. The court affirmed that the hospital was guilty of actual and gross negligence, and the family was awarded appropriately. To read the full story, click here.

A settlement has been reached in a wrongful death suit which was filed by the family of a woman that died in a hospital after the hospital staff failed to perform a test on her that had been ordered by her doctor. The victim apparently returned to the hospital after undergoing ear surgery complaining of multiple problems, her doctor ordered a blood test and the hospital staff failed to perform the test. As a result of this medical malpractice and negligence she slipped into a coma and it eventually led to her wrongful death. The family then filed a wrongful death lawsuit against the Medical Center and recently settled for $1.2 million. The company claims that this does not constitute admission for liability on the defendant’s part. For the full story click here.

Maternity wards across America are closing, causing those that remain open to incur a deluge of new patients. This causes a strain on their ability to meet the needs of those individuals. The combination of both is putting women and children at risk. There are three major factors for there closures: low medical insurance and reimbursements to hospitals for maternity care; the high cost of medical liability insurance for OB-GYNs, and retiring OB-GYNs. Medical Centers are losing money for maternity patients because of the low reimbursement rates from Medicaid. Retiring OB-GYNs cause women to search for qualified specialists. These factors leave women and children at risk. Women need to have close maternity wards in order to ensure safety for both mother and child. To read the full story, click here.

Appendicitis is one of the most common surgical diagnosis’s made in the Emergency Room. However, failure to diagnose acute appendicitis is among the five leading causes of successful ER suits. A study found that as many as 30% of patients with acute appendicitis have been seen previously and were incorrectly diagnosed by a prior physician. A large number of appendicitis cases do not have a temperature, right lower abdominal pain or other findings. Missed or delayed diagnosis of acute appendicitis results in higher perforation or peritonitis cases with higher complication rates, such as death, recurrent small bowel obstruction due to adhesions, impaired fertility in women, and prolonged hospitalizations. These problems occur in Emergency Rooms all over the country, including Chicago. To read the full story, click here.

The influenza vaccine used to be strongly recommended for people over 65, but it is now losing its reputation as an effective way to ward off the virus in the elderly. A growing number of doctors say the vaccine probably does not work very well for people over 70. A recent article stated that previous studies had not measured any actual protection against the flu virus but rather a fundamental difference between the kinds of people who get vaccines and those who do not. The article found that people who were healthy and conscientious about staying well were more likely to get an annual flu shot. Studies have found that in those 60 to 69, the vaccine prevented the flu about 57 percent of the time, but in those over 70 the vaccine prevented the flu just 23 percent of the time. The influenza vaccine has never been put placebo-controlled trials, which are the best estimate of their effectiveness. Despite these new studies, the CDC still recommends the influenza vaccine for the elderly. To read the full story, click here.

Researches have found that out of 200 ayurvedic products bought in the United States about a fifth contained lead, mercury or arsenic, sometimes at dangerously high levels. The researchers, who bought these common medicines over the internet, said that the government should establish daily dose limits for toxic metals in dietary supplements and require manufacturers to have their products tested for compliance. Additionally, metals were found in some of the medications described as herbal only. There is a belief of some practitioners that when the preparations are made correctly, the metals cause no harm, but the study questioned the belief. To read the full story, click here.