Illinois Medical Malpractice Blog

A district county returned a $2.5 million verdict for wrongful death of a 27 year-old patient. The jury returned the verdict in a medical malpractice lawsuit involving a missed cancer diagnosis of a 24-yearo-old female patient. The patient continued to go to her doctor complaining of blood in her stools and pain. After 7 months of continued visits complaining of the rectal bleeding and pain she was rushed to the hospital where it was realized that the woman actually had colon and rectal cancer. The woman was diagnosed with aggressive colon and rectal cancer. She died of advanced cancer in 2007. The family has sued the doctor and his nurse claiming medical negligence for not properly examining the woman, discounting her symptoms and missing her cancer diagnosis. To read more about medical malpractice, click here.

After allegations of dental malpractice, a dentist faces the state board license review. If proven, the dentist faces license suspension or revocation. One of the complaints against the dentist is poor craftsmanship when filling cavities.

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A doctor considered to be an expert in pigmented lesions removes the wrong lesion on a woman who dies two years later. The surgical error resulted from a nurse who mislabeled the skin condition which led the doctor to remove the wrong lesion and neglect the one with melanoma. The article investigates whether the doctor is liable for the nurse’s medical error. Citing lawsuits from years before, judges consider the nurse to be “drilled of habits of strict obedience” which ultimately report to their superior and thus hold the superior responsible.

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A jury recently awarded $2 million in a medical malpractice lawsuit to the family of a woman who died after being given medication following the delivery of her baby. The jury determined that the doctor was negligent in giving medication to the new mother.

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American Association for Justice is hosting a seminar on medical malpractice lawsuits this weekend in Phoenix, Arizona. The seminar will provide an in-depth understanding of medical negligence issues and trial strategies.

For more information.

A mom lost her limbs during a horrific hospital stay is making great progress in using her artificial legs. The woman lost all four limbs and much of her eyesight to medical malpractice at a hospital. She was sent home from the emergency room with only painkillers for a kidney stone. When the condition worsened, medics failed to take her back to the hospital, causing her to develop sepsis. She awoke from a two week coma partially blind with gangrene ravaging her body. The woman is suing both the hospital and emergency service for medical malpractice. To read the full story, click here.

Doctor-owned hospitals have been criticized for driving up costs in ordering more tests or performing unnecessary surgeries. The proposed legislation will prohibit unethical kickbacks that physicians receive from ownership hospitals. One representative stated that most doctor-owned hospitals are of questionable safety and quality.

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A report released by the United States Justice Department alleges the care received at an Alabama veterans home has "contributed to the untimely deaths of ... residents as well as led to other preventable illnesses, injuries, and harm." Veterans injured while receiving care through the Department of Veterans Affairs may bring what is known as a Federal Tort Claims Act lawsuit against the government for negligent care and medical malpractice committed by a VA facility. Further, state law may provide those injured the ability to sue VA nursing homes as private citizens. To read more about this Justice Department report, please click here.

A woman, along with her husband, is suing her doctor for surgical error. After the doctor performed neck surgery on the woman, she lost all use in her legs and has limited use of her arms. The couple added the hospital to their lawsuit for negligent credentialing when they did not report the high complication rate for the doctor’s prior surgeries.

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A young woman who decided to wear the Ortho Evra patch to control her migraines ended up in the emergency room with a 8 inch cerebral venous thrombosis. This thrombosis was in the crown of her head and went all the way down and wrapped around the right side of the jugular vein. Her doctor believed that since she had no clotting factors the only cause of her blood clot could be the Ortho Evra patch. Six months after the blood clot was discovered it was still in the young woman and she was on two kinds of blood thinners. After this medical malpractice incident the woman found other woman who had similar problems with the patch. There were two people who had died, one woman in the ICU and one woman who had a stroke. This medical malpractice case is a grave example of how a medical product can cause horrible problems. To read the full story, click here.

The Department of Veterans Affairs recently settled a Federal Tort Claims Act suit involving a returning Iraqi War Veteran with Post Traumatic Stress Disorder who was allegedly refused treatment. The family of the deceased veteran alleges that the VA hospital’s refusal to treat their son after a suicide attempt led to the veteran’s wrongful death via suicide. The U.S. Government agreed to settle the Federal Tort Claims Act lawsuit for $350,000 however did not admit responsibility. To read more about this Federal Tort Claims Act settlement, click here.

The widow of man who died shortly after undergoing gallbladder surgery at an Illinois VA Hospital has settled her lawsuit against the U.S. Government. A statement released by the widow’s attorney alleges a mixture of medical negligence and a failure to adequately perform a background check as the factors which caused the veteran’s death. This same Illinois VA Hospital has been the subject of many recent medical malpractice lawsuits and internal governmental investigation after 9 veterans were killed and 34 more were seriously injured over a two year span. To read more about this VA medical malpractice story, click here.

A medical malpractice lawsuit claims that doctors at a hospital left a five-inch catheter inside a man’s heart, causing an infection that complicated his fight against cancer, then tried to cover up the mistake. The man says that the hospital should have known that a catheter being used to treat his non-Hodgkin’s lymphoma had broken off from a port in his chest after he began treatment. The catheter became a “time bomb” when it lodged in his heart and caused an infection which permanently damaged the organ. The medical center arranged for an operation to extract the catheter through his next and groin. The lawsuit seeks unspecified damages for negligence, medical malpractice, fraud and battery. The medical malpractice suit accuses the doctor of knowing the about the broken catheter “substantially before” the date the doctors claim to have discovered the device. The medical malpractice lawsuit also states that the doctor promoted surgery at the same hospital “in an attempt to extract the incriminating evidence” To read the full story, click here.

Medical professionals have a tendency to speak in abbreviations. In such a busy, hectic setting such as an emergency room or a doctor’s office, abbreviations shorten time. However, some patients do not follow and are left in the dust. Here is a website where you can enter the abbreviation and then the search engine provides the definition.

Abbreviations can lead to medical malpractice when a handwritten abbreviation is misinterpreted as meaning something different than what the physician intended. In fact, the Joint Commission on Accreditation of Healthcare Organizations has issued a “do-not-use” list because of their probability of misinterpretation, leading to dosing errors and serious medical malpractice.

For the website.

Stevens v. County Mutual Insurance Company, No. 4-08-0216 (12-31-08) decided that an attorney, who collected limits of liability from liability insurer of driver of vehicle involved in collision with his client, is entitled to attorney's fees from his client's insurer pursuant to common fund doctrine for the collection of the medical payments it made on behalf of its insured; because insurer did not intend to file its own action, authorized settlement with other driver, and benefitted from attorney's efforts. However, trial court erred when it entered summary judgment imposing Section 155 sanctions; because there is bona fide dispute whether common fund doctrine does not apply because medical payments were reimbursed through provisions of underinsured coverage. This will have a great impact on medical malpractice settlements.

Gillespie v. University of Chicago Hospitals, No1-07-1962 (12-31-08) ruled that the trial court did not err when it granted directed verdict in favor of non settling physician for wrongful death and survival because there was no physician patient relationship between plaintiff's decedent and internist, whom emergency room physicians listed as plaintiff's decedent's treating doctor, after she was discharged from the emergency room when defendant, physician, never saw her; and her report of EKG results was not used in plaintiff's diagnosis. In addition, since plaintiff, as adult decedent's mother, had no liability for decedent's medical bills, trial court properly refused to allocate any portion of settlement to family expense; and allocated settlement two thirds to survival action and one third to wrongful death. This will have a great impact on medical malpractice cases.

Two United States Congressmen have recently re-introduced legislation aimed at hedging against VA medical malpractice. Amongst the call for more stringent background checks of doctors and staff, the bill requires applying physicians to disclose all prior medical malpractice allegations. Call for this legislation originated over a year ago when it was discovered some Illinois veterans received substandard care in an Illinois Department of Veteran Affairs Hospital which ultimately resulted in their wrongful death. To read more about this Department of Veteran Affairs medical malpractice story, click here.

If a person had the Kugel Mesh patch implanted during their hernia surgery, there is a chance that their cure is worse than the disease. Some patients have experienced problems with their Kugel Mesh hernia patch that have caused serious, life-threatening conditions. The patch has a problem with the memory recoil ring component. Some patients claim that the mesh in their patch adhered to their organs. It takes future surgeries and the loss of portions of a person’s digestive system to get rid of the mesh. One patient claimed that the mesh attached to part of his bowel and he underwent surgery to remove the “gooey” matter that formed as a result. He suffered a severe infection and his abdomen protrudes through the loose muscle in his stomach. There have also been reports of internal fistulae and bowel perforations. People who are considering the Kugel Mesh patch should speak with their doctors before they make their decision. To read the full story, click here.

In a move with far reaching effects on people without health insurance, two Illinois hospital systems have agreed to settle lawsuits alleging that they overcharged thousands of uninsured patients and provided inadequate financial assistance.

For the full article.

After the heparin contamination last year, the FDA is now forming a pilot program to study 100 applicants in their hopes to promote safety in foreign pharmaceutical ingredients. The heparin contamination was produced by foreign companies where numerous deaths were the result of adverse drug reactions to the substance. The FDA focuses on those companies that pose the highest risk in importing products that disobey FDA’s standards.

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According to a report, women were 52 percent more likely to experience delayed diagnosis during emergency medical services than men. The emergency medical services’ delay came while transporting the patient to the hospital. No apparent evidence to why this delay was given. However, the article did claim heart conditions in women may not be readily diagnosed by physicians and thus lead to a slower medical response. This becomes a major concern because women’s health depends on timely medical treatment. Delay could lead to serious medical harm.

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Occasionally, medical malpractice lawsuits are filed after medical residents or other midlevel practitioners take the place of busy doctors and make medical mistakes. Many rural emergency rooms, however, are not staffed by doctors but by “midlevels” like physician assistants and nurse practitioners. There has been a shortage of doctors in rural areas, and many of the existing rural doctors do not have the time, energy, or stamina to staff emergency rooms. 1 out of 7 rural hospitals in 2007 had only midlevels as emergency room staff. Medical malpractice could be caused if these midlevel practitioners mistake something serious for something harmless or make other errors. Many hospitals have found success with this system but it is important to be aware of a medical practitioner’s level of expertise when being treated at a rural emergency room. For the full story, click here.

An infection called “C. diff” has been plaguing hospitals nationwide and some people are blaming the scrubs that the hospital staff wear. A national hospital survey has warned that C. diff infections are sickening half a million people a year. Some hospitals have gone as far as to prohibit scrubs outside the building. This is in response to a study which shows that 65% of medical personnel change their lab coat less than once a week, though they are aware that it’s contaminated. Superbugs such as staph can live on the polyester coats for up to 56 days. C. diff has caused healthy patients who go into hospital for elective surgery to die, because it is hard to control outside of the hospital. Hospitals should launder scrubs for all staff and prohibit them from wearing scrubs outside the building in order to combat this problem. To read the full story, click here.

Studt v. Sherman Health Systems, No. 2-07-0945 (12/23/04) affirmed a decision for a Medical malpractice verdict in favor of plaintiffs for failure to properly diagnose and treat wife's appendicitis is not subject to reversal based on defendant, emergency room physician's, challenge to "reasonably careful physician" and other language in IPI Civil (2006) 105.1. This case will have an effect on jury instructions in medical malpractice trials.

A 2005 medical reform law is facing major controversy between its supporters (doctors, hospitals, and members of the insurance industry) and those lawmakers calling the reform a failure. The law requires a three-member screening panel before a medical malpractice issue can be taken to trial. The panel was intended to reduce medical malpractice insurance. People against this law find it unfair injured patients may not have an opportunity for their case to be heard. These pre-trial panels are also very costly and place a large burden on the patients. Many say this unfairly favors doctors. If you find yourself faced with a medical malpractice issue, you may want to contact an attorney.

For the full story, click here.

One doctor believes if patients are treated at home it will reduce the cost of Medicare and medical outcomes will improve. The article provides a solution for healthcare reform. The doctor noticed through his years working with the elderly that his patients were aware of hospital dangers. He discusses false diagnoses by doctors attending to patients they do not regularly see. The doctor is adamant house calls will reduce mishaps that commonly occur due to hospital error.

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The failure to diagnose acute appendicitis is one of the most common medical mistakes leading to medical malpractice lawsuits. As many as 30% of patients with acute appendicitis were initially misdiagnosed by a physician at a pervious medical examination. The most common diagnosis in missed appendicitis cases is Agastroenteritis. Delayed or missed diagnosis of acute appendicitis can have serious consequences including death, recurrent small bowel obstruction, impaired fertility in women, and extended hospital stays. Acute appendicitis should be considered a possible diagnosis with all complaints of abdominal pain. For the full article, click here.

Quest Diagnostics, the largest medical laboratory company in the U.S., has acknowledged that it has provided possibly erroneous lab results to thousands of people prompting what some consider to be the largest patient test recall in the last 20 years. The erroneous results occurred when Quest was testing people’s vitamin D levels. The errors consist primarily of overly-high test results although lower-than-actual levels were also recorded. The erroneously high result may have resulted in patients not receiving vitamin D supplements when they should have. Overly-low test results carry a potentially much more serious consequence; in rare instances, if patients were wrongfully prescribed supplements, the dosing error could lead to a toxic overdose of vitamin D, resulting in serious injury or death. The company issued letters to thousands of doctors, listing the names of patients who may have received the erroneous results and offering free retesting to those individuals. Quest Diagnostic says that they have identified and fixed the problem that lead to these errors.

For the full story, click here.

Closing arguments were heard in the medical malpractice trial involving the death of a high school student while under the care of an orthopedic surgeon. The trial presented uncontested facts that the girl underwent arthroscopic knee surgery in early April of 2004. Near the end of that month the girl’s physical therapist noted that the girl had swelling in one calf and that she complained of pain, yet the orthopedic surgeon did not note the inflammation or order any special tests to rule out such possibilities as a blood clot. Three days later, the girl died of massive pulmonary embolism from a blood clot. The state’s medical review panel could not conclude whether there was medical malpractice. The jury is currently deliberating on the medical malpractice trial. To read the full story, click here.

A study suggests that anti-psychotic drugs commonly used to treat Alzheimer’s disease may double a patient’s chance of dying within a few years. The paper’s lead author suggests that, for the vast majority of Alzheimer’s patients, taking the drugs may not be a worthwhile risk. The studies, which used the actual drug and placebos, showed that those who take the drug are more likely to die of pneumonia. In the United States, guidelines advise doctors to use anti-psychotic drugs cautiously and temporarily. However, in many nursing homes up to 60 percent of patients with dementia are routinely given the drugs for one to two years. As an alternative to writing prescriptions for anti-psychotic drugs, doctors suggest using environmental or behavioral therapies. Experts believe that the drugs could create brain injuries and that their sedative effects make patients less able to exercise thus making them more susceptible to deadly infections. To read the full story, click here.

A state’s Supreme Court will hear arguments in a civil case in which four physicians were cleared by a jury of medical malpractice in the misdiagnosis of a child with Rocky Mountain spotted fever. The decision could have a lasting effect on medical malpractice lawsuits and whether defendants can be excused for not foreseeing the impacts of their acts. The state Supreme Court is deciding whether the jurors should have been given certain legal instructions regarding hindsight prior to deliberating the case of the child. The parents alleged that the physicians were negligent when they failed to spot the symptoms of the rare tick-borne illness in their child. The doctors initially thought the child suffered from an enterovirus. They claimed their son suffered permanent brain damage. The state Supreme Court will consider whether an instruction given by the presiding judge regarding hindsight is an inaccurate or confusing statement of law that should be overturned. The instruction states “negligence consists of foreseeing and guarding against that which is possible and likely to happen, not against that which is only remotely and slightly possible.” To read the full story, click here.

A woman is filing suit against a doctor and Rush University Medical Center in Chicago alleging that the obstetrician who delivered her baby was verbally abusive and deliberately tried to hurt her. The suit claims that the doctor stated that the mother “deserved to feel pain because she had not called before coming in and that ‘sometimes pain is the best teacher.’” The suit additionally alleges that the doctor told the mother to “shut up, close your mouth and push” when she tried to ask question. He also told her that she might hemorrhage during birth and that the baby might die, causing both mother and father great emotional distress. Rush University has placed the doctor on indefinite probation following an internal investigation. The mother delivered a health baby girl. To read the full story, click here.

Heath care professionals failure to follow basic infection practices placed more than 60,000 American patients at risk for hepatitis B and C. A study concluded that health care personnel in settings outside hospitals failed to follow basic infection control practices. Reuse of syringes and blood-contamination of medications, equipment and devices have been identified as the most common factors. Studies reveal that in the past 10 years there have been 33 identified outbreaks of HBV and HCV in 112 outpatient clinics, 6 hemodialysis centers and 15 long-term care facilities. This study found that 450 people acquired hepatitis infections as the result of health care personnel. Unfortunately, thousands of patients are exposed to viral hepatitis and other preventable diseases in the places where they should feel safe. To read the full story, click here.

775,000 children are injured each year from sports-related injuries. Two forms of injuries children may suffer are either acute or chronic. Acute injuries could include more serious brain injuries such as concussions, skull fractures, brain hemorrhages, and spinal cord injuries. The article offers advice on how to reduce your child’s risk of injury.

For the full story, click here.

The University of Michigan received a grant from Chicago’s McCormick Foundation which will be used to study Iraq and Afghanistan veterans’ brain injuries. The grant will study post traumatic stress disorder, sleep disorders, depression, and other adverse effects from the war.

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The Pentagon has ruled it will not award the Purple Heart to post traumatic stress disorder victims because it is not a physical wound. PTSD can create severe adverse effects in its victims including recurring nightmares, uncontrolled rage, and severe depression. Many that suffer from PTSD also suffer from severe brain injury. In that case, they may qualify for the Purple Heart because they may need medical treatment for the severe traumatic brain injury.

For the full story, click here.

Two year old Emily Jerry died from a pharmacy medication error. She was given a fatal dosage of chemotherapy. Prior to her death, the little girl suffered a coma from the large overdose of medication. Emily’s Law was created to regulate pharmacy technicians like the one who overdosed Emily. The law requires pharmacy technicians to be at least 18, registered with the State board of Pharmacy, and pass a Board-approved competency exam.

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The head-banging dance has been rumored to cause brain injury, whiplash, and stroke. A study was performed that showed head-banging can cause brain trauma if one is not careful while dancing. This study found the dance will at least cause mild head and neck injury.

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A teen tried to break up a fight his friend was in when he was kicked in the head and hit the sidewalk. He suffered severe brain trauma. The young man had intensive brain surgery and placed in a medically induced coma. It took three weeks before the man could be brought out of the coma.

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Over the counter cough and cold medicine can have serious side effects on children under the age of six. According to the article, about 7,000 children end up in the emergency room each year due to adverse side effects from the medicine. Most problems have occurred from dosing errors. The article also provides ways for parents to prevent colds and coughs in their children.

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Recent reviews have found there are an abundance of cancer treatment errors found at various clinics throughout the United States, especially in outpatient clinics. In 1,400 patient charts that were examined, a total of 117 errors were found. 15 caused harm to patients while 64 errors had the potential to cause harm, according to the article. The study showed 60% of the errors associated with adult cases were due to administration of treatment. 64% of the pediatric errors was linked to the ordering of medication.

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A teen was ejected from his truck that dove into a 100-foot ravine which caused him severe brain injury. The teen remains unconscious and in critical condition. He suffered from severe brain swelling and had to have part of his skull removed.

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Actor John Travolta’s son Jett showed no sign of brain injury from an alleged fall from a seizure. The coroner states that the boy’s body was not in poor condition regardless of reports from the media that Jett suffered a head trauma.

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Researchers received $3.7 million to find ways to reduce medical error in various hospital and pharmacy departments. Researchers will try to develop safe ways in handling patient test results because receiving results are more difficult in larger hospital institutions. Also, the researchers will try and find safer ambulatory sedations. Another goal is to reduce medication error from high-risk medications.

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Studies show college students’ abuse of attention deficit medication is at an all time high. Abuse can create adverse drug reactions such as sleep problems, irritability, headaches, and developing drug dependency.

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The instructions on the cancer drugs Erbitux and Vecitibix should include specific information on a gene mutation that affects whether the medicines will work. Recent studies found that a mutation in the KRAS gene renders the drugs ineffective in colon cancer patients. Overall, the drugs reduced by 30 percent the risk of a patient’s colon cancer worsening. A more detailed analyses showed that patients with the specific KRAS mutation fared much worse than those with a normal KRAS gene. The FDA advisory panel said new types of analyses may be required to better screen people for gene mutations, and they also suggested larger clinical trials may be necessary to determine other biochemical influences on drug performance. The FDA is currently working to identify genes that interact with medications although they already require patients to undergo genetic testing before they’re prescribed certain drugs. To read the full story, click here.

This history of notable football players’ head traumas has brought a theory that undiagnosed trauma can lead to serious long-term damage. According to the article, the Steelers’ concussion management team has “spent more than 10 years developing the computer-based neurological test” used by football teams across the country to deter serious injuries. The test consists of memory exercises and motor and sensory tests. Before and after the tests the player is rested to see if any symptoms return.

For the full story, click here.

The article interviews a medic about his injuries and experience in the army. He suffered from a traumatic brain injury, post traumatic stress disorder, and a stroke. He has what they call “survivor’s guilt” where he has a fear of crowds, depression, and withdrawal. The Veterans Administration may be discontinuing their support for the veteran in 36 months.

For the full story, click here.

Rush University Medical Center is participating in a $4.3 million dollar grant to study the most effective way in treating severe brain injuries. According to the article, “Rush treats 50 to 75 patients with traumatic brain injuries a year” in the Chicago area.

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Medical examiner Jan Garavaglia, M.D., offers tips on how to stay alive in her new book. First, she claims there are “1.7 million health care induced infections each year” that can be avoided. Second, she remembers her most memorable autopsy of a young boy who was given the wrong medicine due to pharmacy error and specifies ways on avoiding this deadly error.

For the full story, click here.