Illinois Medical Malpractice Blog

According to an article, medical malpractice lawsuits are not the major problem needed to be reformed in the health care debate. The article claims that “medical malpractice makes up a tiny percentage of overall healthcare costs,” contrary to popular opinion. Also, medical negligence lawsuits only make up six percent of the civil lawsuits in court. The article puts to rest the rumor that doctors premiums are raised by negligence claims. It states that negligence claims have dropped, while the premiums have continued to rise.

Read more about the health care debate myths here.

Cookson v. Price, No. 3-08-0669 (8/1//09) reversed and remanded a medical malpractice action against physical therapy assistant, complaint dismissed as initial Section 2-622 report from physical medicine and rehabilitation physician found non-compliant with Section 2-622. Trial court erred in dismissing complaint, and denying Plaintiff's motion to amend complaint with new section 2-622 report from physical therapy assistant. This Illinois case will impact medical malpractice.

The government has settled three medical malpractice claims on behalf of its navy hospital totaling 2.77 million dollars. Four other medical malpractice claims are in talks to be mediated at a later date. The settlements stem from accusations of medical negligence in birth, failure to diagnose a disease, and an amputation after negligent care. According to the article, “the hospital has resolved more that two dozen negligence claims since 2001.”

Read more about the navy hospital settlements here.

According to an article, “studies show malpractice awards are not a big driver of skyrocketing (healthcare) costs.” In the debate on healthcare reform, many republicans are whispering that medical malpractice awards need to be capped to assist reducing the overall healthcare cost, the article claims. However, legal experts have determined that the malpractice awards are only a fraction of the overall costs to healthcare.

Read more about the healthcare debate here.

More people will die in the US this year from MRSA infections than from the swine flu or AIDS. The Journal of American Medicine Association estimates that 18,000 Americans die each year from MRSA infections. Statistics show that most people who develop MRSA do so after receiving care from a hospital or other health care facility. A report showed that 12 percent of patients who require home health care are released from the hospital with MRSA. These patients tend to be elderly or younger patients with weakened immune patients. People are the most common source of MRSA and they can spread it with hand-to-hand contact. A patient may be a carrier of MRSA and spread it to a doctor or nurse by shaking his or her hand. If the health care provider is not wearing gloves and fails to wash his or her hands, MRSA can negligently spread to other patients. One of the most common ways to prevent spreading MRSA is hand washing. However, studies show that through hospital negligence only 50 percent of hospital workers wash their hands regularly. Patients should ask their physicians and other health care providers to wash their hands before examining them to avoid medical mistake. Illinois has taken an extra step towards the prevention of MRSA by passing laws requiring hospitals to screen high-risk patients for the staff infections. If you or a loved one has developed MRSA it may be the result of medical malpractice and you should find an Illinois lawyer. To read more about MRSA, please click the link.

Recently the president of the Illinois Trial Lawyers Association discussed some of the falsehoods about medical-liability insurance that have been spread throughout Illinois. One is that doctors are fleeing Illinois because of insurance cost. In fact, the American Medical Association states that the number of doctors in Illinois has been steadily increasing over the past decade. The insurance industry tried to convince the public that medical negligence victims are responsible for the increase in health care costs. However, Illinois’ largest malpractice insurer reporting payouts have remained flat for the past 13 years. The last claim is that medical malpractice lawsuit reform would keep doctors from practicing “defensive medicine.” The Congressional Budget Office and Government Accountability Office have cast doubts on the existence of “defensive medicine.” It appears that doctors run more tests because it benefits their patients. The medical malpractice legislation in 2005 worked to reduce malpractice premiums. It also forced malpractice insurance companies to provide greater transparency on rate-setting and payouts. This motivated more companies to enter the marketplace and lower doctor’s premiums. Attacking the civil justice system will not provide the real reform needed for health care. The legal system has an important job of providing justice to those injured or killed by medical negligence. If there is such medical malpractice, a patient should not have to suffer the further indignity of a closed courtroom. To read more from the medical malpractice essay, please click the link.

A man who was admitted to a military medical center died five months after he had a feeding tube inserted into his lung. The family claims in their medical malpractice suit that the doctors failed to remove the tube immediately after discovering the medical mistake. The government attorneys for the medical center claim the man did not die from the feeding tube, however the man’s death certificate says he died from “overwhelming septic infection and a blood-clotting problem.”

Read more about the medical malpractice lawsuit here.

A woman died after having routine surgery at a hospital. She requested to see her doctor when she experienced excruciating pain after surgery, but was not allegedly examined until the next morning. The examination proved too late because she had already gone into shock and was rushed to intensive care where she died. After her death, the family alleges the hospital deleted portions of her medical file to cover up their medical mistakes. The woman’s medical malpractice attorney claims that “bad mistakes and worst-case outcomes are possible at world-renowned hospitals.”

Read more about the medical malpractice lawsuit here.

A man that died during a liver transplant has led medical professionals to improve the safety of such surgeries. After the man’s death, the hospital was fined. The hospital ended up suspending any other similar surgery from being performed. It also settled a wrongful death medical malpractice suit with the patient’s widow. His widow then went on to lead the state in changing their health standards for living transplants that swept the nation.

Read more about the health care standards for living donors here.

A state’s Supreme Court has ordered a new trial in a medical malpractice case because the defendant helped treat a juror who fell ill during closing arguments. During closing arguments, the plaintiff’s medical malpractice attorney spoke as though he was the victim, describing what he may have been thinking as he was dying, and then began describing being autopsied. One of the jurors then exclaimed that she felt as if she was going to pass out. The defendant, who was a physician, tended to the ill juror who was taken to the hospital. The medical malpractice opinion also cited medical malpractice cases in Illinois and New York in which a mistrial was required after a defendant doctor provided care for a sick or injured juror in the presence of other of other jurors. To read more about the medical malpractice trial, please click the link.

A man entered a hospital to undergo minor surgery to fix his broken leg. However, according to his medical malpractice lawsuit, the hospital committed a series of preventable medical mistakes and procedural oversights. The man left the hospital severely brain damaged, quadriplegic, ventilator-dependent and semi-comatose. The lawsuit claims that the hospital staff had many opportunities to prevent serious complications. The victim’s stomach started to swell after the leg surgery and they suspected he had developed fat embolism syndrome. The doctors inserted a tube to drain the fluid from his stomach but expert testimony shows that the tube was “pulled out too soon” after two days. After being taken in for a CAT scan the man was grasping for air. The emergency team was then summoned to the wrong floor and it took 10 minutes for someone to arrive. The victim stayed in full cardiopulmonary arrest for almost half an hour and he was significantly and permanently brain damaged. The victim left the hospital in a vegetative state and died within the next three years. The department of public health issued two violations to the hospital for failing to keep adequate medical records and failing to ensure diagnostic technicians had proper supervision. To read more about the medical malpractice lawsuit, please click the link.

A woman went to a hospital expecting a normal vaginal delivery. However after 10 hours of labor she needed a cesarean section and began bleeding internally after her uterine arteries were torn or cut during the surgery. According to her medical malpractice lawsuit she bled to death after the attending physician and obstetrician argued as to how to treat her. They could not determine whether the victim was bleeding internally and whether they should reopen her abdominal incision to evaluate. The victim had lost more than 3 quarts of blood during the surgery which accounted for 60 percent of the total blood volume in her body. The medical malpractice lawsuit claims that the doctors and hospital botched what should have been done in a routine birth. When the victim entered the hospital she was healthy and had a problem-free, full-term pregnancy. The doctor’s were quoted in an affidavit stating that there was understaffing in the surgical care unit. Both the hospital and doctors deny any medical malpractice. To read more about the mother’s death, please click the link.

A detailed safety analysis conducted on behalf of Hearst Newspapers found that at least one in six of the studied facilities had preventable deaths. These occurred from common procedures, including cases in which medical instruments were left inside patients and transfusions were done incorrectly. Many hospitals have poor performance in the safety indicators developed in recent years by federal health researchers. The study found that doctors fudge death certificates, leaving out information that would point to medical errors as a prime cause of death. One woman was reported to have died of pneumonia on her death certificate. However hospital records show she initially went to the hospital for a shot of diuretic to treat leg swelling and then contracted an infection which caused the pneumonia. The CDC is aware of the inaccuracies in death certificates. They stated that medical error is “often not reported” because it gives doctors problems down the road. Some groups say that a nationwide reporting system is too expensive and too difficult to implement. However, it may decrease the amount of medical malpractice cases. To read more about the medical errors, please click the link.

Although a study conducted 10 years ago stated that a mandatory nationwide reporting system for medical errors was imperative, one still does not exist today. The AMA and the American Hospital Association vehemently opposed an attempt by President Clinton to create a mandatory reporting system for serious errors. The groups launched a multimillion-dollar advertising campaign that said mandatory reporting would drive medical errors underground. If medical errors and infections were better tracked, they would top the list of accidental deaths. The recent study by Hearst Newspapers state that approximately 99,000 patients a year die as a result medical error. To read more about the mandatory reporting system, please click the links.

Contribution/Indemnity Marion Hospital Corporation v. Sterling Emergency Services of Illinois, No. 5-07-0703 (7/23/09) reversed the original decision stating that the hospital sued Emergency Services Providers claiming "express indemnity" to recover for settlement paid by Hospital in separate suit in another county. Trial court erred in dismissing with prejudice Hospital's complaint as barred by Contribution Act; trial court reasoned that it sought relief for contribution or partial indemnity. Claim was actually seeking indemnity for vicarious liability of Hospital for conduct of Physician's Assistant; and indemnity is available when liability is vicarious by operation of policy of law, not culpability of conduct of agent. This case will affect medical malpractice cases.

A recent investigation by the Hearst Company has drawn attention to the fact that approximately 200 thousand Americans will die this year from preventable medical errors and hospital infections. Currently 20 states have no medical error reporting system in place, five have voluntary ones and five more are developing reporting systems. Even in the 20 states that have the mandatory systems, hospitals report only a tiny percentage of their mistakes, standards vary wildly and enforcement is often nonexistent. The report also blames special interests for blocking progress in the area of medical reporting. A news medical correspondent described some of the most common medical miscues and offered advice to help keep one from being a victim of medical malpractice.

- Make sure surgeons personally sign or initial the skin of the patient over the area that’s being operated on; patients should remind all surgical personnel about the side and site of the procedure
- Patient’s should ask what every single medication is that they’re given while in the hospital and remind everyone who approaches them with drugs of any allergies they have
- Always look the surgeon in the eye before the operation to avoid any possibility of mistaken identity.

Communication is the greatest key to preventing medical errors which are oftentimes caused by
- Poor documentation
- Illegible handwriting
- Sleep deprivation
- Improper nurse to patient ratios

To read more about the medical mistake survey, please click the link.

Botvinick v. Rush University Medical Center, No. 08-1966 (7/24/09) affirmed that the district court not err in granting defendants' motion for summary judgment in action alleging that defendants tortiously interfered with plaintiff's expectation of future employment by providing potential employer with false and petty information about plaintiff's reputation. Three defendants provided unrebutted affidavits that they did not provided any information to potential employer about plaintiff's qualifications to be anesthesiologist. Moreover, plaintiff failed to present evidence that information provided by fourth defendant played any role in decision by third-party not to hire plaintiff, and plaintiff otherwise failed to obtain any discovery from potential employer. This Illinois decision will have an effect on medical malpractice cases.

Marion Hospital Corporation v. Sterling Emergency Services of Illinois, Inc, No. 5-07-0703 (7/23/09) remanded the decision after a hospital sued Emergency Services Providers claiming "express indemnity" to recover for settlement paid by Hospital in separate suit in another county. Trial court erred in dismissing with prejudice Hospital's complaint as barred by Contribution Act; trial court reasoned that it sought relief for contribution or partial indemnity. Claim was actually seeking indemnity for vicarious liability of Hospital for conduct of Physician's Assistant; and indemnity is available when liability is vicarious by operation of policy of law, not culpability of conduct of agent. This case will have an effect on Illinois cases in the area of medical malpractice.

Experts estimate that about 98,000 people die from preventable medical errors each year. This calculates to more Americans dying each month of preventable medical injuries than died in the terrorist attacks on September 11, 2001. In addition, a federal Center for Disease Control and Prevention concluded that 99,000 patients a year succumb to hospital-acquired infections. Experts believe that almost all of these deaths are preventable. A huge problem with preventing these deaths is that no definite study has been done to calculate exact numbers. Ten years ago a highly publicized federal report called the death toll shocking and challenged the medical community to cut it in half within the next five years. However, federal analysts believe the rate of medical error is actually increasing. A national investigation by Hearst Newspapers found that the medical community, the federal government and most states have overwhelmingly failed to take the effective steps outlined in the medical malpractice report. Even in states like California, where they have put regulations in place, it appears that hospitals ignore rules without penalty. A study conducted in five states show that only 20 percent of some 1,434 hospitals surveyed are participating in two national safety campaigns. It also showed that a minimum of 16 percent of hospitals had at least one wrongful death from common procedures go awry. Frustrated patient-safety groups say that preventing medical malpractice should be at the forefront of health care. At the center of this would be developing medical design systems that can reduce medical errors and prevent harm from reaching the patient when a medical mistake is made. To read more about the medical malpractice report, please click the link.

The government has reportedly settled a medical malpractice suit with a widow of a veteran over an Illinois Veterans Affairs Hospital medical procedure. The widow’s husband allegedly received a blood infection after a biopsy. The man’s estate claims that the physician was medically negligent during his treatment at the Illinois hospital. That same physician has been connected to other medical malpractice claims.

Read more about the Illinois medical malpractice suit here.

A hospital settled after a family filed a wrongful death lawsuit against it for the loss of their family member. The patient allegedly went to the hospital for treatment of low blood sodium. He then died of brain damage three weeks later. The physician that treated the man was also found partially responsible. The family’s medical malpractice attorney claims the hospital tried to avoid responsibility.

Read more about the wrongful death settlement here.

A hospital settled after a family filed a wrongful death lawsuit against it for the loss of their family member. The patient allegedly went to the hospital for treatment of low blood sodium. He then died of brain damage three weeks later. The physician that treated the man was also found partially responsible. The family’s medical malpractice attorney claims the hospital tried to avoid responsibility.

Read more about the wrongful death settlement here.

A Yale graduate, John Christian Gunn had everyone fooled. He allegedly had a string of medical errors since 2005. Another physician tried to warn the hospital of Gunn’s negligence in a letter to them stating that Gunn was a “danger to patients.” To date, a medical malpractice trial has been scheduled against Gunn’s employer for one of his last operations that left his patient dead. Gunn has already settled with this patient’s family. The latest on Gunn is that he was captured after robbing a bank with an air gun and has been sentenced to 51 months in prison.

Read more about the fallen physician here.

An issue of Women's Health this summer touched upon issues that concern a lot of Levin & Perconti blog readers - how to avoid medical mishaps. We wanted to share the startling statistics that the magazine provided. Each year, nearly 1.5 million Americans are injured by medication errors and up to 98,000 die in hospital due to medical errors. To avoid being a victim, Women's Health suggested that you always check your prescriptions, find rested workers, and personalize your case file.

To read more about how to take control of your medical care.

A veterans’ hospital allegedly has exposed patients to infectious bodily fluids after treating them. A medical malpractice attorney claims that his clients were given false diagnoses at the hospital telling the patients they tested positive for infections that later came out negative. This gave his clients tremendous emotional distress, he claims. The medical malpractice attorney is filing multiple medical malpractice claims against the veterans’ hospital.

Read more about the veterans’ hospital medical malpractice suits here.

A family in Illinois has been affected twice by the bacterium commonly referred to as MRSA. First, the woman gave birth to a baby girl. After taking her home, they realized she developed MRSA. She died shortly after. The family gave birth to a second baby girl when medical staff at the Illinois Hospital recognized the same MRSA infection on the baby’s skin. According to the article, up to 1.2 million MRSA infections occur in hospitals each year. However, many hospitals are cutting down on their budgets to counteract infections. If you feel you or someone you know has contracted MRSA from the hospital, you may want to consider contacting a medical malpractice attorney.

Read more about the MRSA infection here.

A hospital will be defending itself in a hospital negligence medical malpractice lawsuit beginning today, claims an article. The hospital was warned that one of their surgeons was a “danger to patients” but allowed the surgeon to continue performing surgeries. One of the surgeon’s last surgeries resulted in a woman’s death. The woman’s personal physician had written to the hospital explicitly stating that this young surgeon was a threat. The woman’s estate has already settled with the surgeon for medical malpractice. The surgeon was later captured for robbing a bank and was sentenced to 51 months in prison.

Read more about the hospital negligence action here.

A family of a man who died after surgery has now filed a medical malpractice lawsuit against the medical center. The family alleges that after surgery a staff member at the medical center incorrectly removed a clamp from the man which then proceeded to drain the man of all his blood into a bucket. The medical malpractice attorney for the family says they are devastated from the undeserved death. The hospital also allegedly lied to both the family and the medical coroner as to what the exact cause of death was, but then changed their story later on to acute blood loss.

Read more about the post-surgical error here.

A man was awarded $1 million in a medical malpractice lawsuit against a negligent surgeon. The surgeon allegedly was hired to close a perforation the man had suffered during a colonoscopy, but instead did not find the perforation, according to the man’s medical malpractice lawyer. The perforation then continued to leak fluids into the man’s abdomen.

Read more about the medical malpractice verdict here.