Illinois Medical Malpractice Blog

The federal government has agreed to pay $450,000 to settle a medical malpractice case filed by the family of a woman who died at a Naval Medical Center after a routine surgery to remove an infected boil. The federal government admitted no wrongdoing in the medical malpractice settlement. The woman died after anesthesiologist failed to intubate her after the surgery. Her airway became obstructed and she stopped breathing, causing cardiac arrest. According to the medical malpractice complaint, the victim was being treated at a hospital for an infected boil and when it worsened they determined emergency surgery was necessary. The surgery was successful but the victim was left without a breathing tube for at least 15 minutes while being transferred from the operating room to the intensive care unit. The anesthesiologist should have known that the woman had other medical issues, which included diabetes, and but a breathing tube in place. When she finally arrived in the ICU she had no pulse or blood pressure. This victim represents one of the 98,000 people who die annually from medical mistake. To read more about the medical mistake, please click the link.

Two brain surgeons at a hospital face charges for failure to complete a brain surgery. The department of health has documented the hospital for 14 different medical abuses including when two brain surgeons failed to perform an operation of a patient that was already sedated on the table for operation. A patient was scheduled to undergo the second portion of her two-part brain surgery and her doctor failed to show due to being out of town. The chief of neurosurgery declined to finish the surgery the absent doctor. The hospital has been given an October deadline for the hospital to present the state with a plan to correct the serious communication error from happening. They also must pay the fines that the department of health has imposed on him. The hospital will be fined for allowing the doctors operating to not pause to stop and check that they were operating on the right part of the body. Also, a patient was sedated before the brain surgeon was present, and an orthopedic surgeon left the operation after doing his part before the next surgeon was present. This type of medical malpractice highlights the need for effective communication at hospitals. To read more about the medical error, please click the link.

A 52-year old man is know helpless hooked to a ventilator in a nursing home after doctors at a hospital mistakenly put a feeding tube into her lung this year, filling it with fluid. The woman is now unable to do simple tasks such as cooking. The woman had entered the hospital with breathing problems, but is now unable to leave a nursing home. Medical mistakes oftentimes come at the hands of trained doctors. To read more about the medical malpractice, please click the link.

The Palm Beach Post reported that an appellate court has reinstated the $10.3 million settlement a jury awarded her after she lost her husband to a medical mistake. The family was awarded the money in 2003 after a jury found that the victim died because he did not receive treatment at a hospital. The case was almost overturned after a state law that caps jury awards in medical malpractice cases dictated that the victims could not receive their full award. The court found that the time of the victim’s death and the date the legislature decided to cap jury awards did not correlate. Since the man’s injury came before the caps went into effect, the court believed they didn’t apply. The man was rushed to the hospital in 2003 after a heart attack. Once he got to the hospital he did not receive proper care and was physically drained and unable to enjoy life. He died after complications from a heart transplant years after the medical error. The family is able to receive the $9.5 million award that the jury rightfully awarded them. To read more about the medical malpractice case, please click the link.

The family of a high school senior who died in connection to a surgery 18 months ago is suing the surgeon and anesthesiologist who preformed the corrective procedure. The young woman experienced a reaction to the anesthesia known as malignant hypothermia while undergoing surgery to rearrange asymmetrical breasts. The medical malpractice lawsuit alleges that the victim’s surgeon and anesthesiologist were negligent in failing to diagnose their patient’s condition and denying her care. Experts have said that the intravenous muscle relaxant called Dantrolene sodium can be administered to counteract the effects of the malignant hypothermia. The patient’s mother told Avvo that “People survive malignant hypothermia episodes if treated quickly and properly.” This could account for one of the 98,000 people that die from medical mistakes each year. To read more about the medical error, please click the link.

Tom Baker, a national expert on the impact of medical malpractice litigation on physician’s insurance costs, recently sat down with the Connecticut Tribune to discuss the recent health care reform debate. Several years ago, Baker studied the impact of medical malpractice litigation on health care-costs. He found that the vast majority of potential claimants recovered little or nothing in their medical malpractice suit. Baker discussed that medical malpractice reform isn’t always simply having caps on pain and suffering damages. He believes that one route is to make medical practice safer. This would not take away the litigant’s rights to recover in courts. Hopefully, the Obama administration will focus on patient safety and compensation. Baker believes that the best medical malpractice reform will come when the system is designed to make medical mistakes nearly impossible. To read more about the expert on medical malpractice, please click the link.

The children of a retired police lieutenant believe that there father was a victim of medical error after he was rushed to the emergency room. Fox40 stated that the children believe that the doctor abandoned his efforts to resuscitate the police officer and then surreptitiously removed the victims watch and put it in his pocket. According to the medical malpractice lawsuit, two witnesses noticed that the watch went missing from the victim’s wrist and then saw a bulge in the doctor’s pocket. Despite efforts from security, the doctor was able to leave the hospital with the patient’s wristwatch. The family’s greatest fear is that the doctor allowed the wrongful death. The doctor was released from the hospital after the medical error. To read more about the medical malpractice, please click the link.

Every year 98,000 people die annually from preventable medical error, at a cost of $29 billion. That is the equivalent of two 737s crashing every day for an entire year. However, despite this alarming statistic, legislators still want to reform health care. Tort reform means, taking away the legal rights of patients, injured through no fault of their own, and preventing them from obtaining legal recourse. The Congressional Budget Office and Government Accountability Office has reviewed tort reform multiple times, and said it will save practically no money. They also found no evidence of so-called “defensive medicine.” Many legislators contend that doctors run more tests because of the fee-for-service structure, or because of the benefits extra tests have on patient care. Also, a recent Harvard study found that 97% of medical malpractice lawsuits were meritorious, debunking the idea that frivolous lawsuits plague the courts. While 46 states have enacted some kind of tort reform, health care costs have continued to skyrocket. Oftentimes in the legislation discussions, politicians lose sight of the most important person, the injured patients. They shouldn’t have additional barriers thrown in their way to seek justice. We should also focus on how we can prevent medical errors. The one sentiment that should remain is that patients’ rights are not negotiable. To read more about tort reform, please click the link.

A southern Illinois woman died after being severely burned in a flash fire while undergoing surgery. This has become a rare but vexing medical error in operating rooms. The victim died six days after being burned on the operating table at the hospital. The victim’s attorney had requested medical records from the hospital and that he had few details about what happened. The state medical examiner’s office said the victim died from complications of thermal burns and classified her death as accidental. The hospital only stated that there was an accidental flash fire in one of the hospital’s operating rooms injuring a patient before being immediately extinguished. The hospital could not state how the fire started but that it responded with necessary and appropriate measures. Surgical flash fires oftentimes are sparked by electric surgical tools when oxygen builds up under surgical drapes. The fires actually occur an estimated 550 to 600 times a year but only kill about one or two people each year. However, worries have mounted in recent years with increased use of electrosurgical devices and the replacement of cloth hospital drapes with those made of more-flammable, disposable synthetic fabric. To read more about the surgical fire, please click the link.

A medical malpractice lawsuit was filed against a plastic surgeon and anesthesiologist in the death of a high school student. The medical malpractice lawsuit claims that the teen died as a result of the actions or inactions of her doctors. The victim was having breast augmentation surgery when she suffered a condition called malignant hyperthermia. The complaint alleges that there was a lack of timely response in recognizing and treating the condition. The victim’s attorney claims that there have been numerous other deviations of the standard of care against the two doctors. To read more about the medical malpractice lawsuit, please click the link.

President Obama was able to tap into a large vein of public support when he suggested that he is open to reforming medical malpractice laws. Many people believe that medical inflation is the result of doctors needing to practice “defensive medicine” to avoid medical malpractice lawsuits. However, numerous studies have showed that the costs associated with malpractice lawsuits make up to 1% to 2% of the nation’s $2.5 trillion annual healthcare bill. The authors of a new report released by Northwestern’s Kellogg School of Management concluded that comprehensive, nationwide reforms would lower health-care costs by 2.3% at most. While doctors complain that malpractice premiums can run up to $250,000 a year and that 5% of their costs are directly attributable to malpractice premiums, a study by the Congressional Budget Office estimated that malpractice premiums and awards represent less than 2% of overall health-care spending. Texas has enacted some of the most extensive malpractice reforms. While their number of lawsuits has fallen in half, health-care costs are still among the highest in the country. To read more about the medical malpractice opinion, please click the link.

Washington is trying to use trial lawyers as their scapegoats in order to push their tort reform legislation. However, this will do nothing to fix health care and even worse it will do nothing to prevent medical errors. Forty-six states have enacted tort reform, and their health care costs continue to skyrocket. The Congressional Budget Office and Government Accountability Office have said tort reform will save practically no money. They also have found no evidence of so called “defensive medicine.” Medical malpractice lawsuits are less than 1 percent of all civil filings. The most important statistic is that more than 98,000 people die every year from preventable medical errors. A good suggestion for reducing the number of medical malpractice lawsuits is to decrease the number of medical errors. Patient safety should take a priority. Fewer errors mean fewer people needing medical malpractice lawyers. That is the best way to attack health care. To read the health care opinion, please click the link.

In 2001, an 18-month-old little girl climbed into a hot bath and suffered burns that landed her into a PICU. Two days before being released from the hospital, the young girl died from dehydration and medical error. She died despite her mothers concerns with the hospital staff about Josie being denied liquids and being administered narcotics. Her mother has now written a book entitled Josie’s Story: A Mother’s Inspiring Crusade to Make Medical Care Safe. She hopes the book will inspire medical professionals to make less medical errors and inform parents of their rights. Too often parents are dismissed because medical personnel believe that they “know best.” However, when 98,000 die each year from medical error, doctors should listen their patients. To read more about Josie’s story, please click the link.

The American Association for Justice “AAJ” launched the first phase of a nationwide ad campaign to educate lawmakers about the epidemic of preventable medical errors and how tort law reform will not lower the cost of health care. According to the Institute of Medicine, 98,000 people are killed each year by preventable medical errors. President of the AAJ Anthony Tarricone stated that, “Our health care system is clearly broken, and if we are serious about improving it, we need to fix preventable medical errors.” He added that patient’s health should come before the profits of insurance companies and that there would be fewer victims that needed legal help if we simply reduced medical errors. The Government Accountability Office and Congressional Budget Office have both said that they have found no evidence of so called “defensive medicine.” Congress must stop using patients’ rights as bargaining chips during this debate. To read more about the preventable medical errors, please click the link.

Yesterday at least 23 amendments to the health care bill were added that would shield both negligent doctors and hospitals from accountability. These amendments would weaken a citizen’s right to hold negligent providers accountable when they cause severe permanent injuries or death. One health care bill endorses money for experiments with substitutes for the civil justice system. This is alarming after recent studies have shown that 98,000 people die each year in America’s hospitals from medical errors. Contact Congress and let them know that they should focus on improving patient safety and reducing deaths and injuries, instead of focusing on tort reform. By signing the petition you are ensuring that negligent doctors and hospitals will not get off the hook. To sign the petition, please click the link.

Many of Hollywood’s A list joined together to speak out to help insurance companies. Obviously, the video is a spoof on the recent health care debate because the actors are actually advocating for the executives of the insurance industry. Please view the video and contact your local senator voicing your opinion of health care reform. To view the video, please click the link.

Two top medical malpractice attorneys discussed tort reform with CNN. They talk about the rarity of punitive damages and the falsity of defensive medicine. This comes after President Obama discussed defensive medicine in his recent address to Congress. The medical malpractice lawyers believe that tort reform does not adhere to the Constitution of the United States. Please click on the video to view the interview.

Smith v. Pavlovich, No. 5-08-0256 (9-10-09) affirmed that the granting of motion in limine and directed verdicts as to Defendant advanced practice nurse were proper; the pediatrician was not qualified to testify as to standard of care for nurse as he was not licensed as advanced practice nurse; no other expert was offered; and the nurse herself testified that she met standard of care. The directed verdict was properly granted in favor of Defendant physicians as they were not involved in any medical decisions as to child who later died from bacterial meningitis, and thus owed no duty to the child. One Defendant physician's answer to Complaint that he undertook to provide diagnosis, care, and treatment to child was insufficient, in context of allegations of Complaint, to be deemed judicial admission that physician-patient relationship existed at time of alleged acts of negligence. This Illinois case will impact medical malpractice cases.

This week, the Senate Finance Committee will consider the Health Care Bill released by Chairman Baucus. During consideration, there will be hundreds of amendments offered. Nearly 20 of these proposed amendments call for various restrictions on state tort remedies for medical malpractice cases. These even include caps on damages. An amendment proposed would limit noneconomic damages in a civil medical liability lawsuit to $250,000 from any provider or health care institution, not to exceed $500,000 from all providers and health care institutions. Another amendment would limit noneconomic damages in federal and state health care liability lawsuits to $500,000. Studies show that medical malpractice caps do not decrease insurance premiums and furthermore states that do have medical malpractice caps have higher insurance premiums. A final amendment would provide that doctor’s health care decisions that follow the Institute’s recommendations cannot be the basis of tort claim of negligence, or failure to comply with the standard of care. All of these amendments would hinder a victim from receiving fair awards after a medical mistake. Contact your local Senator and let them know that you do not support these amendments.

The White House tried to cool Republican opposition to its health care overhaul by announcing a $25 million preliminary program aimed at eventually revamping the nation’s controversial medical malpractice legal system. The malpractice plan was authorized by a two-page “presidential memorandum.” Early next year, selected states, localities and health care systems will get up to $3 million each for experimental projects aimed at better protecting doctors from frivolous lawsuit while assuring patients fair settlements in medical malpractice cases. The White House has outlined a plan that would put patient safety first to reduce preventable injuries, promote better communication between doctors and patients and reduce the number of frivolous lawsuits. Illinois has already looked towards reducing the number of lawsuits by requiring certificates before a medical malpractice goes forward. It is also vital that health care looks towards reducing preventable medical errors, because 98,000 people die each year from preventable medical errors. However many tort reforms that focus on ideas such as medical malpractice caps hinder victims from obtaining justice. To read more about the health care census, please click the link.

The President of AAJ, Anthony Tarricone, was adamant that any changes to the malpractice system must focus on patient safety and preventable medical errors. He also believes that it is crucial that any tort reform does not limit patients’ legal rights. The new goals outlined by the White House, such as reducing the number of injuries, fostering better communication, compensating patients quicker and reducing doctors’ premiums, are moving the debate in the right direction of health care reform. However, since 46 states have already enacted tort reform patients injured through medical mistake are unable to seek justice. Therefore, it is critical that all discussions involving reform adhere to the 7th Amendment right to a trial by jury. Limiting patient’s rights in medical malpractice cases is not a solution to the problem. A proper solution would be to promote greater patient safety and reduce preventable medical errors. To read the entire AAJ statement, please click the link.

Recently, the President’s idea of tort reform has created a heated debate. One editorial discusses the myths and facts of tort reform. President Obama continued to endorse conservative ideas such as efforts to prevent victims of medical malpractice from winning compensation in the civil justice system in his health care speech. In the speech he stated “that he wants to look to a ‘range of ideas’ to ‘put patient safety first and let doctors’ focus on practicing medicine.’ Obama says some in Congress believe medical malpractice reform can help bring down health care costs. Although he doesn’t consider it the ‘silver bullet’ he knows that doctors practicing what he terms defensive medicine can lead to unnecessary costs. The reality is that “few causes in the healthcare debate draw more support than tort reform, the idea of reining in frivolous medical malpractice lawsuits. However, reliable reports estimate the costs of medical malpractice litigation at less than 2 percent of overall healthcare costs. There is also a pressing need for medical malpractice after a recent study highlighted the 98,000 deaths that occur each year by medical error. This is the third leading cause of death in the United States. Therefore it seems that legislators are giving the American public only some of the facts about medical malpractice.

It is also evident that medical malpractice caps are not working. Texas, the state with the most stringent caps on medical malpractice lawsuits, has the highest health care costs. In the end, a study in this state show that doctors are not ordering extra tests for feared of being sued, but rather to get paid more money. Instead of focusing on malpractice caps, let’s reform the way the doctors are compensated, so that wellness and preventive care is rewarded. This way we can work to reduce health problems and medical errors. To read the medical malpractice editorial, please click the link.

While many people are discussing tort reform, it has become apparent that such a measure will do nothing to cut medical costs. In the debate, some critics are going so far as to cite the lack of tort reform as a major deficiency of current proposals. They are blaming ballooning health care on trial lawyers when in fact they are using tort reform to shield their corporate benefactors from accountability for their wrongdoing. Medical malpractice claims are greatly justified considering the fact that 98,000 people die every year as a result of preventable medical errors. Every day thousands of Americans trust their lives to the medical system only to have mistaken diagnoses, misread charts and medication errors. The Seventh Amendment to the Constitution guarantees Americans the right to a fair trial before a jury of their peers. This core right affirms the responsibilities citizens have in a free society and the accountability of all before the law. Even despite this constitutional right, skyrocketing insurance premiums are not the result of malpractice litigation and the high cost of medical care stems more from doctors than fears of malpractice suits. The 2007 Congressional Budget Office estimates that costs associated with medical malpractice claims amounted to only 2 percent of overall health care spending. Studies also suggest that the high cost of medical insurance has no correlation with the frequency or amount of malpractice payouts but is actually a result of insurance companies paying the market and exploiting fears of malpractice in order to keep premiums high. To read more about tort reform, please click the link.

A hospital was ordered to pay $8 million in a wrongful death lawsuit that was filed by a patient’s widow. The widow claims that his wife visited the hospital three times. On the first occasion, the hospital found that she had minor intestinal blockage. She ended up passing away. Her widow contacted a medical malpractice attorney who took his case. The attorney found that the widow had died of gangrene caused by a perforation in the bowel. The doctor who examined the widow was not found liable by the jury but was found negligent with the medical review board. The board found the doctor “failed to comply with the appropriate standard of care.”

Read more about the failed medical care here.

After finding staph infections in five of its patients in a two month period, the hospital decided to test all operating room staff members. The hospital found that 15 staff members were in fact carrying the common staph bacteria. However, the hospital is not claiming responsibility for the infected patients. They claim that the patients could have become infected through improper home care. All of the infections were non-life threatening. The infected staff members were not allowed to participate in surgeries for a period of a week up to 11 days. Hospital negligence can lead to infections so one may want to contact a medical malpractice attorney for further legal action.

Read more about the hospital infections here.

The President of the Illinois Trial Lawyers Association has spoken out on behalf of Illinois medical malpractice attorneys in the Chicago Tribune recently. In Peter Flowers’ editorial he spoke of the unsubstantiated claims that have been floating around the country with the recent health care debate. The calls for limitations on medical malpractice claims are nothing more than a transparent attempt by the insurance industry to increase profits and pay for its shareholders and executives. Numerous studies have concluded that medical-malpractice costs account for less than 2 percent of overall health-care spending. A more recent report from Public Citizen has shown that the figure is actually as low as .6 percent. Therefore limiting the legal rights of injured patients will not provide the true savings needed to fix the health care debate. Instead, there needs to be a focus on limiting medical errors. By focusing on the 98,000 people die every year due to medical mistakes, health care reform is better addressed. If these errors are reduced, it will reduce the number of injured patients seeking legal recourse. By eliminating the number of medical errors, the possibility of medical malpractice becomes obsolete. To read the medical malpractice editorial, please click the link.

Senate health care negotiators discussed the man ways to decrease the health care budget. They also discussed medical malpractice. Senator Kent Conrad stated that negotiators agreed that the federal government should provide funding for states to experiment with a range of alternatives to medical malpractice lawsuits. It appears that medical malpractice caps, which do not aid in decreasing insurance premiums, are not being negotiated. President Obama additionally stated that he does not believe medical malpractice caps will help in heath care reform. Attorney Steve Levin believes that Illinois’ plan of having certificates of merits is helpful to reduce frivolous medical malpractice claims. To read more about the senate negotiations, please click the link.

In his speech before Congress last week, President Obama attempted to win Republican support for his health care overhaul by agreeing to consider including medical malpractice reform in his plan. However, In his 60 minutes interview the president clarified what he meant by tort reform. The President stated that he is not willing to consider capping malpractice judgments. The President stated that he does not believe that medical malpractice reform is the “silver bullet” but that he believes that defensive medicine may contribute to unnecessary costs. He stated that he is moving forward to evaluate the different kinds of malpractice reform through state-based demonstration projects. Although he has discussed some of the types of medical malpractice reform that might be the subject of state-based demonstration projects he has discounted the idea of capping medical malpractice damages. The President does not believe that such caps will reduce health care costs and improve the quality of patient care. One of the options is to have medical experts review medical malpractice suits before they go to court to ensure they meet some threshold of credibility. Also, some form of mediated arbitration in place of lawsuits is an idea. Studies have shown that medical malpractice caps will do little to reduce health care costs. In fact, the only thing that medical malpractice caps have been proven to do is harm those who have been impacted by medical error. If you would like to learn more about how tort reform would impact medical malpractice, please consult an Illinois medical malpractice lawyer. To read more about the President’s statements, please click the link.

After Obama’s surprising statement that he believes that tort reform should be included in health care reform, many are discussing the pros and cons of tort reform. Additionally, there are different programs under way in several states that could provide a template for addressing medical-malpractice abuses. One encourages doctors to disclose medical errors early and apologize, when appropriate. The hope is to address hospitals’ reluctance to disclose medical mistakes for fear of being sued. It encourages hospitals and patients to enter mediation. Another initiative, adopted by lawmakers in Illinois, requires plaintiffs’ lawyers to have their cases vetted by physicians before filing them. This is designed to weed out frivolous medical malpractice lawsuits while giving the truly injured an avenue to the courts. The attorneys must retain medical experts who have practiced in the same specialty area as the physicians accused of malpractice. Then the experts must file declarations, often called certificates of merit, that the injured parties have a reasonable basis to file the lawsuit.

While the certificates can cost $5,000 or more to produce, they are very helpful in the area of malpractice. Chicago medical malpractice lawyer Steven Levin was quoted on the Wall Street Journal Law Blog as stating, “A certificate is a useful tool for any lawyer who would stupidly undertake to prosecute a medical malpractice case without having it reviewed by a competent doctor in the field.” Steve Levin believes that the certificates of merit can weed out more marginal claims. To read more about certificates of merits in the WSJ's coverage of medical malpractice reform, please click the link.

President Obama started a debate last week when he said he’d consider medical malpractice tort reform as part of his health care overhaul. Although this plan falls short of the malpractice awards that Republicans and physician groups support, the president spoke only of “demonstration projects” at state levels. However, few economists believe tort reform would significantly reduce what Americans spend on health care. Experts say that the big reasons for health spending are chronic illness, expensive new medical technology and an aging population. Medical malpractice lawsuits are far down the list on reasons for health spending. The most authoritative estimates put the direct cost of malpractice litigation, including everything, at about 2 percent of overall health care spending. Additionally, the biggest portion of medical malpractice settlements and jury awards are not for “pain and suffering” or punitive damages, but for actual damages. These include lost income and future medical treatment. Even in states where malpractice caps have been enacted, health care spending is rising just as fast as it is elsewhere. Therefore, it is obvious that medical malpractice tort reform will not aid in the decrease of health care spending and will only work to harm the victims of medical error. To read more about tort reform, please click the link.

The trial lawyer’s lobby is worried that medical malpractice tort reform could become a bargaining chip in the health care debate. They are lashing out at any attempt to include medical malpractice limits in health care reform bills. Citing the fact that 98,000 people are killed every year by preventable medical err, the president of the American Association for Justice believes that this bargaining tactic will greatly harm victims of medical malpractice. Studies have shown that medical errors are the sixth leading cause of death in America. However, numerous independent analyses have shown that malpractice lawsuits contribute a tiny fraction to the cost of health care. Costs related to medical malpractice, including damage awards, settlements and insurance rates, constitute just a fraction of health are spending nationwide. Therefore, limiting the legal rights of patients will do nothing to lower the costs of health care. To read more about the tort reform, please click the link.

Matthews v. Aganad, No. 1-08-0499 (9-4-09) affirmed that a trial court within its discretion in denying motion for judgment n.o.v., as Plaintiffs' experts offered no credible alternative standard of care for administration of vaccine to plaintiff, but only argued against using CDC guidelines as standard of care. Plaintiffs failed to establish proximate cause, and no "lost chance" because giving vaccine was contraindicated in Plaintiff's case due to presence of fever. This Illinois case will have a great affect on medical malpractice cases.

A state government recently passed legislation authorizing the state to release records of hospital medical errors. The legislation focuses on preventable errors such as operating on the wrong side of one’s body, leaving a sponge in the body after surgery, or operating on the wrong person all together. They want these specific instances recorded with the number of times it happens at the hospital to be released to the general public. The intent for this legislation is to hold hospitals accountable in hopes they will improve their healthcare and also to allow patients to make informed decisions on the hospital they choose.

Read more about the medical legislation here.

While insurance companies claim that medical malpractice claims are the primary driver behind the high prices doctors pay for insurance. However, the statistics show that this statement is false. One national study found that while payouts did decline in the nineteen states that had caps, premiums in capped states rose far faster than those in uncapped states. In states with statutory medical malpractice caps, the median annual premium increased 48.2%, while those states without caps saw a median increase of only 35.9%. This shows that something besides medical malpractice claims are driving premiums higher. In reality, increases in the cost of medicine, the cyclical nature of the insurance market and a decline in investment due to poor investment choices are driving up insurance claims. Tort reform is not about lowering the cost of healthcare but rather severing responsibility for causing an injury from the person who caused it. Victims of medical malpractice are hurt even greater and the average citizen gains nothing with tort reform. To read more about tort reform, please click the link.

In response to President Obama's speech to Congress on healthcare reform, the American Association of Justice, medical malpractice attorneys, and victims of medical malpractice urge you to contact your U.S. Representatives and Senators to say no to tort reform as part of the larger push for healthcare reform. It is important to let lawmakers know that the focus should be on reducing preventable medical errors and patient safety, and that taking away the rights of patients will not significantly reduce the cost of healthcare. It is crucial to maintain patients' rights to hold healthcare providers accountable when medical mistakes are made, and taking away these rights will only prove harmful to future victims of medical malpractice.

Stand up for patients' rights and write or call your Representative and Senators to say no to medical malpractice reform.

While the health care debate rages on, many Americans have the wrong idea as to what is driving health care premiums. Health care costs are rising faster than the overall economy, wages and general consumer prices. However, the belief that increases due to excess insurer profits, the aging of America and the high cost of medical malpractice are the blame for the failing health care system are wrong and unfounded.

According to a recent report about what was causing the increase in healthcare premiums, key drivers of health care premium increases are in fact advances in medical technology, the high cost of regulatory compliance and patient lifestyles. Patient lifestyles include prescriptions such as sleeping pills that used to not be regularly prescribed.

The report also shows that both defensive medicine and medical malpractice have little impact on insurance costs. For example, diagnostic testing contributed only .2 percent to the increase in health care costs in 2007. Additionally, premiums for liability coverage and defensive medicine contribute to health spending at any moment in time but are not considered a recent significant factor in overall growth of health care spending. Therefore, research shows that medical malpractice is not currently driving the rate of increase in individual premiums. To read the full report about the costs of healthcare, click here.

Yesterday, Chicago medical malpractice attorneys Levin & Perconti posted a link to the People Over Profits website which allows people to send an email to the White House, urging the President to keep tort reform off of the health care bill currently being debated in Congress. Now, People Over Profits has made it easy for you to reach out to your Senators and Representatives to stand up against medical malpractice reform.

It is crucial that we help to protect patients' rights when they have been injured or killed by medical negligence. Tort reform would limit ones' right to receive compensation for their injuries or loss. To show that you are against the inclusion of medical malpractice reform as part of the larger health care bill, click here to visit the Action Center.

As medical malpractice attorneys who represent victims of medical negligence and their families, we encourage you to contact your representatives to keep medical malpractice reform out of the health care bill. Proponents of medical malpractice reform argue that reform will drastically cut health care costs, however, in 2005, the Congressional Budget Office found that medical malpractice claims account for "less than 2 percent" of health care spending. Medical malpractice reform would limit a patients' rights to seek justice in the event that they are harmed or injured while receiving medical care. Reform would also make it much more difficult to hold negligent hospitals and health care workers accountable for their mistakes.

It is important to take action against medical malpractice reform. One way to do so is to contact your federal representatives. You can also send an email to the White House by clicking here.

A series of hospitals have been fined for serious medical violations, according to an article. Some of these medical violations led to either serious bodily harm or even death. At one particular hospital, a child suffered serious brain injury after the nursing staff failed to drain his head properly. Another hospital has claimed to counteract medical violations they will hire more staff and cut back on medical technicians’ duties so they can better concentrate on the patient’s care. If you have suffered due to a medical violation at your hospital you should consult a medical malpractice attorney to discuss legal options.

Read more about the serious fines dealt to the hospitals here.

A misdiagnosis of cancer led to a woman’s death. The woman’s mother had died of cancer so she was particularly concerned when she discovered a large bump on the top of her head. After seeing her doctor, he claimed the cyst was nonmalignant. It was removed a week later by a medical technician who then disposed of the cyst and did not send it for medical testing. A year later, the cyst came back but could not be removed because the woman was pregnant. The new doctor diagnosed it as sarcoma. The woman died later. Her husband filed a wrongful death medical malpractice suit against the original doctor. The jury found for the widow and held he should receive 1.5 million dollars in a medical malpractice award.

Read more about the large medical malpractice award here.

Public 96-765 amends the the Health Care Surrogate Act affecting Do-Not-Resuscitate orders. It makes three changes: (1) Requires only one witness instead of two. (2) Requires that the witness attest that the person executing the DNR order was given an opportunity to read the form and either signed the form or acknowledged his or her signature or mark on the form in the witness's presence. (3) Changes the language from "DNR" order to "do-not-resuscitate" order. This Illinois bill which comes into effect January 1, 2010 will effect medical malpractice cases.

A surgical patient is suing a hospital because he claims the doctor removed the wrong kidney. The patient hired a medical malpractice attorney who claims the doctor removed the healthy kidney before realizing the mistake he had made by not removing the diseased kidney. The repercussion of this mistake is dialysis treatment every three days to keep the patient alive, the patient alleges. Thus far, the article claims that the hospital has denied culpability and responsibility for the patient’s pain.

Read more about the surgical mistake here.

A jury awarded a brain-damaged child $7.4 million against her doctors while she was a newborn. The jury found that the child’s doctors were negligent when they failed to promptly treat an infection the child developed. The child’s medical malpractice attorneys claimed it took eight hours before the child was treated for the infection. The failure to treat the infection resulted in brain damage. The child’s mother, an emergency room physician herself, claims she repeatedly questioned the child’s doctors but was ignored.

Read more about the huge jury verdict here.

Nurses mistakenly gave two pregnant women a drug that helps induce labor for unborn fetuses. This drug led to the death of a women’s unborn twins while the second women gave birth to a severely brain damaged newborn. One woman is now suing the hospital for the nurses’ negligence and to bring light to the increasing problems with prescription errors. This woman’s premature child will remain in the hospital for treatment due to the health complications.

Read more about the fatal prescription errors here.

The death of a six-month old boy led his parents to file a medical malpractice suit against the boy’s hospital. The wrongful death medical malpractice lawsuit claims the hospital negligently discharged their son after he showed signs of lethargy and fever. The parents claim they brought their son back to the hospital the next day after he was discharged where he died six days later. The parents of the deceased sought medical malpractice attorneys to discuss their legal options against the hospital. After filing their medical malpractice suit, the jury awarded the parents over $6 million.

Read more about the jury award here.

A former U.S. Senator recently proposed that one way to have Republicans sign onto a universal healthcare plan would be to do so with medical malpractice tort reform. It has also been suggested that medical malpractice claims are “driving up” healthcare costs. However, according to a professor of law and health sciences, medical malpractice lawsuits will not significantly affect healthcare costs. He claims in the article that “as the cost of healthcare goes up, the medical liability of it has stayed fairly constant.” He also claims that medical malpractice costs and medical insurance are only contributing 1 to 1.5 percent of the overall healthcare cost.

Read more about the tort reform debate here.