Illinois Medical Malpractice Blog

Kim v. St. Elizabeth’s Hospital of the Hospital Sisters of the Third Order of St Francis, No. 5-08-0571 (10/23/09) affirmed that collateral estoppel is inapplicable where issue of whether already disclosed mental health records are admissible is distinct from issue of whether records were obtained by improper procedure, in violation of Mental Health Confidentiality Act, because that issue was not necessary for judgment in prior case. This Illinois case will impact medical malpractice law.

Thorton v. Garcini, M.D., No. 107028 (10-29-09) affirmed that expert testimony is not required to prove negligent infliction of emotional distress. Based on personal experience alone, jury could reasonably find that circumstances caused emotional distress, when plaintiff's deceased infant remained partially delivered for one hour ten minutes while plaintiff waited for defendant physician to arrive at hospital. This Illinois case will greatly impact medical malpractice law.

A medical doctor wrote to salon.com to voice his opposition to the belief that capping malpractice suits will make healthcare cheaper. He stated that changing medical liability laws will not improve healthcare or its costs. Also the doctor believes that defensive medicine adds very little to healthcare’s price tag and rising malpractice premiums have had very little impact on access to care. He quoted the Justice Departments explanation for the rising number of medical malpractice suits. According to that 2007 report, “growing healthcare costs and an increasing effort by many attorneys to litigate only those medical malpractice claims involving severe injuries or wrongful death” explains increases in medical malpractice suits. Additionally the Centers for Medicare and Medicaid Services estimates that malpractice costs account for less than 2 percent of healthcare spending. Also, a recent Harvard study found that most medical malpractice claims were meritorious. They involved medical error and the legal system acted appropriately to fix that medical error. To read more of the doctor’s opinions, please click the link.

As many as one in 10 patients hospitalized in the United States will come down with an infection which is oftentimes due to the care that is supposed to be restoring health. These infections afflict nearly two million patients a year. They also cause close to 100,000 deaths and cost up to $6.5 billion. The Wall Street Journal has come up with ways to prevent infection in health-care settings. The first is to clean all medical equipment and patient rooms. Also, the use of a shower-sized cubicle with a fogging mechanism inside called SUDS could greatly reduce the bacteria. The paper recommends washing ill patients daily with a mild antibacterial soup. This can cut bloodstream infections dramatically. A very practical way to reduce infections is to enact reporting laws for hospitals. Hospitals should use diagnostic tests to identify infected patients within hours, rather than days. To read more tips for decreasing infections, please click the link.

The family of a woman who died after childbirth was awarded $4.25 million by a jury in a medical malpractice lawsuit. The wrongful death lawsuit was brought in state court against the physicians at the medical center. The victim's death occurred just 16 hours after giving birth to her son at the hospital. The doctors were aware than an ultrasound showed that the victim was bleeding near her kidneys. Unfortunately appropriate action was not taken until it was too late. The jury awarded the victim’s son $1.7 million for pain and suffering and $185,000 for loss of support and services. The jury awarded her husband $1.8 million for pain and suffering and $565,000 for loss of support and services. To read more about the medical malpractice lawsuit, please click the link.

Seven years ago a woman entered a hospital for removal of her right ovary. However, she left the hospital with her left ovary removed. The patient filed a medical malpractice lawsuit and it is now headed towards the Kansas Supreme Court. The case has drawn attention because it discusses the constitutionality of placing caps on damages for pain and suffering. Currently the state does not allow damages to exceed the $250,000 medical malpractice cap. These medical malpractice caps take away the jury’s role in calculating malpractice damages and infringe on the separation powers of the courts. Most importantly, these medical malpractice caps hurt those with life-altering medical injuries. To read more about the medical malpractice damages, please click the link.

Big business and their front groups are spreading lies and making the citizens of Illinois believe that there is a lawsuit crisis in Illinois. However, their only answer is to take away your right to receive justice and hold wrongdoers accountable. The group I-LAW has declared this Lawsuit Abuse Awareness week in an attempt to spread lies and take away citizens’ legal rights. The studies they use to promote their ideas have no methodology or academic basis. President of the Illinois Trial Lawyers Association Peter Flowers stated that their rankings are preposterous. He also stated, "Illinois residents should not be duped by this propaganda that attempts to shield corporations from their negligence or misconduct." Do not be fooled by their misleading rhetoric. To read more about this story, please visit the Illinois Trial Lawyers Association’s website.

Victims of medical malpractice traveled to Washington, D.C. to ask their members of Congress to oppose proposals that would limit patients’ legal rights in the health care reform legislation. One victim whose medical treatment for kidney stones led to a lengthy stay in a hospital’s intensive care unit discussed the amputation of both her hands and legs below the knee. She told her story of preventable medical error to Congress. Another victim was denied an $800 CAT scan and ended up blind and brain-damaged. He was a victim once again to reduced damages from medical malpractice caps. Their stories showed that notion of frivolous lawsuits should not dictate health care reform. According to the Institute of Medicine, about 98.000 Americans die each year from preventable medical errors. That is why it is important to tell Congress that they need to consider patient’s rights in health care reform. To read more about the meeting in Washington, please click the link.

U.S. Representative Bruce Braley stated that the best way to reduce medical malpractice claims is to limit medical errors. He also calls on the caps for jury awards. The Congressman appeared in Washington DC with victims of medical errors. He stated that the caps are unfair, especially when the cap hasn’t been adjusted for inflation. He feels that it is important to discuss the real human cost of medical errors. He pointed to the 98,000 Americans that die annually from medical errors and used this statistic to show that the best way to reduce the cost of medical malpractice claims is to reduce those errors. To read more of the congressman’s statements, please click the link.

Walsh v. Chez, Nos. 08-1006 & 08-1522 (10/21/09) was a medical malpractice action arising out of treatment of plaintiff's autistic son. The District Court was found to have abused its discretion in dismissing plaintiffs' lawsuit after finding that reports of plaintiffs' two expert witnesses were insufficient with respect to establishing standard of care. Instant reports conformed to requirements of Rule 26(a)(2)(B) where experts opined that defendants' abrupt discontinuation of prednisone was not consistent with relevant standard of care. Moreover said reports gave defendants enough information to give them opportunity to rebut experts' opinions. Also, any flaws in experts' reports went to weight of evidence as opposed to admissibility. This seventh circuit case will greatly impact Illinois medical malpractice law.

Blake Fought was about to be released from the hospital after recovering from an illness that required a central line IV. Unfortunately, the nurse had never been trained to remove the IV and did not follow proper procedures. This caused bubbles to enter the young man’s brain, heart and blood vessels. He died in front of the nurses and his own parents as a result of the medical malpractice. Blake is just one of the 98,000 patients who are killed by medical error each year. Please visit 98,000 reasons to learn more about those killed by medical error. To read Blake’s story, please click the link.

A new alternative to medical malpractice lets experts, not juries, decide their merits. Conservatives are urging that this type of medical malpractice litigation be implemented. However they overlook the idea that health courts take away a victim’s right to a jury trial. This fundamental right must be given to medically injured patients. To read more about the new alternative, please click the link.

For over 20 years the insurance industry has been engaged in a pitched battle to take away the legal rights of families. They succeeded in the state of Texas, where medical malpractice caps have now greatly affected the lives of many American families. Now, the national government is trying to use Texas as a model for tort reform leading to lower health costs. However, the actual result is far from a success story. Most importantly, health care costs in Texas have risen dramatically. Additionally, Texas ranks near the bottom in per capita physicians, rural and underserved areas are still without new physicians and Texas has the highest number of uninsured citizens. By shifting accountability from victims of medical error to the taxpayer, Texas has done nothing to improve their state of health care. In fact, it appears that they have done the exact opposite. Please contact your local senator and voice your opposition for tort reform. The families of this nation cannot experience the same kind of hardship that is currently seen in Texas. To read more about the tort reform, please click the link.

A state’s largest hospital went on trial after being accused of medical negligence that permanently crippled a patient. The 73-year-old man was left with crippling pain after a team of highly-respected doctors replaced both of his knees at the hospital. The victim was actually a doctor himself. Five years ago he went into the hospital for surgery and seven days later he had four different nerves on his legs damaged. The damaged doctor is now suiting the hospital for medical malpractice. He claims that the surgical team negligently misapplied a tourniquet which damaged the nerves to his lower left leg. The medical error has changed his life indefinitely. To read more about the medical malpractice lawsuit, please click the link.

An alarming statistic has just been released: medical malpractice insurance companies’ average profits are higher than 99 percent of Fortune 500 companies. This seems to dispute the recent claims that medical malpractice lawsuits are one of the big cost drivers in health care. It is now clear that the biggest cost driver of health care is the astronomical profit of malpractice insurers. Medical errors also account for a large part of the problem. The average profit of medical malpractice insurance companies is higher than 99 percent of all Fortune 500 companies and 35 times higher than the Fortune 500 average for the same time period. Malpractice insurers have seen their profit margins range from 5.9 percent to a high of 74.8 percent. The recent report also finds that malpractice insurers have publicly overestimated their losses and underestimated their profits in order to have a better argument for tort reform. In reality, medical insurers are making millions at the expense of medically injured patients.

To read the American Association for Justice’s response to these alarming facts, please click here.

To read more about medical malpractice insurance companies, please click here.

The University of Buffalo’s news center claims that tort reform will not cut medical costs and improve health care unless the government addresses the number of medical errors that victimize hundreds of patients every year. A researcher is critical of health care reform efforts that do not address the far-reaching problem of medical errors. Finding a rate to curb medical errors will not only reduce medical malpractice suits but also save lives. The Institute of Medicine concludes that about 98,000 Americans died from unnecessary medical error in 2000 alone. The researcher believes that the federal government should adopt recommendations to prevent such medical error instead of focusing on tort reform. To read more about the medical malpractice research, please click the link.

A woman is suing a hospital and two physicians for negligence and wrongful death after a hospital failed to diagnose a cancerous nodule. The man was given diagnostics tests, including a CT scan of his chest, which revealed a nodule on his lung that should have been considered malignant, but was considered to be negative. The man was discharged from the hospital unaware of the fact that he had a malignant nodule on his lung. Following his discharge, the man was admitted to the hospital again for experiencing extreme pain in multiple areas his body and it was then discovered that he was suffering from metastatic lung disease. The cancer had already spread to his bones. The man claims that the negligence and carelessness of the hospital caused a significant delay in the victim’s treatment. The surviving relatives are suing for medical malpractice and wrongful death damages. To read more about the misdiagnosis, please click the link.

The family of an 86-year-old woman who died after she fell from an operating table following a hip surgery has settled a wrongful death lawsuit with a medical settlement. The medical malpractice settlement halted a trial that was set to begin. The hospital agreed to pay $900,000 in the settlement. The woman died seven days after she suffered a massive head injury in a fall in the operating room as she was being prepared to transfer to her hospital bed. The hospital fall fractured her skull and caused severe internal bleeding. The family filed a wrongful death lawsuit, contending that staff in the operating room was too busy and preoccupied and delivered substandard care to the victim, which caused her to fall. The family also contended that the hospital was insensitive, first informing them that the hip surgery had gone well before telling them of the serious head injury. To read more about the wrongful death lawsuit, please click the link.

A hospital, where officials say a nurse may have exposed more than 1,800 patients to HIV and hepatitis by reusing medical supplies, says that patients are currently being tested for HIV. Officials at the hospital said that 410 of the 1,851 potentially exposed patients have been tested. Earlier this month the hospital discovered that 59-year-old nurse was reusing IV tubing and saline bags during cardiac chemical stress tests. While hospital officials said that the chances of infection are low, it cannot be ruled out. Police are currently investigating this tremendous medical error. To read more about the medical malpractice, please click the link.

The hospital that recently disclosed they had been giving overdoses of radiation told the Los Angeles Times that they had contacted all those affected by the medical error. However, some four people claim that they were only asked about hair loss and not told of the mistake or its potential cancer risk. The patients claimed that doctors neither acknowledged any medical error nor explained that the patients had been exposed to eight times more radiation than necessary. One victim had lost clumps of hair in the shower, leaving him bald from the tops of his ears to his neck. He told the doctor that his hair had grown back and that was the end of the conversation. The hospital has said the overdoses stemmed from an error made when the hospital reconfigured a scanner to improve doctors’ ability to see blood flow in the brain. The most serious risk from the radiation overdose is a brain tumor. Ethic experts state that if medical error was done, the hospital would have a legal obligation to tell patients of any mistake. To read more about the medical mistake, please click the link.

Dienstag v. Margolis, No. 1-06-1558 (9-30-09) affirmed that the trial court properly denied motion for JNOV or new trial on jury verdict of $5.95 million (reduced to $5.45 on remittitur) for failure to diagnose breast cancer case. Defendant physician was not prejudiced by one instance in which plaintiff's retained expert referred to plaintiff's attorney, who is also a physician, as "Dr. Chessick", as it was done inadvertently, and defendant declined an offer of instruction for jury to disregard it. Conflicting expert testimony on standard of care and breach thereof is not evidence that so overwhelmingly favors defendant that no contrary verdict could stand. Defendant waived issue o f improper statements during closing arguments by not then objecting to counsel's personal attacks on defendant. This Illinois case will impact medical malpractice cases.

A relative of a woman who died after falling from her bed in a hospital has sued the hospital operations, accusing them of being negligent, careless, and contributing to the victim’s death. The 83-year-old woman died a few months after she suffered a fall from her bed. The woman was admitted to the emergency room with concerns of lethargy, difficult speech and the possibility of an acute cerebrovascular accident. After she was evaluated she was moved to the intensive care unit. The night after she was admitted into the hospital, she fell from her bed. The resulting fall caused a deep cut to her forearm, severe bruising, a hematoma and a cut to her head. The medical malpractice lawsuit states that the fall may have either exacerbated the cerebrovascular accident for which Mary was originally treated, or contributed to a new one. She was discharged from the hospital and then transferred to a nursing home. The medical malpractice lawsuit states that the hospital staff failed to properly monitor the patient despite the knowledge that she was in a high-risk category for a fall. As a result of the hospital’s carelessness and negligence, the woman endured pain and suffering that led to a delay in her recuperation. To read more about the medical malpractice lawsuit, please click the link.

Cummings v. Jha, No. 5-08-0182 (9-25-09) affirmed that a breach of standard of care was shown where experts testified that a reasonably competent surgeon would have investigated for surgical complication, and need to determine, in a patient with recent gallbladder surgery, whether there was biloma or bile leak, when patient wrote, on office intake form, that he was having chest pain which he related to his gallbladder surgery. Proximate cause was established via an expert and treating physicians' testimony that if certain tests had been done and biloma detected prior to rupture, it would have been easily treatable. Plaintiff was entitled to recover value of time lost from work, even though employer allowed sick time to be used for absence. This Illinois case will impact medical malpractice law.

Scores of radiation overdoses at a medical center have been traced to a single cause. That cause is a hospital mistake made when resetting a CT scanner. Hospital officials said that the medical error occurred in February 2008, when the hospital began using a new protocol for a specialized type of scan used to diagnose strokes. The doctors had believed it would provide them more useful data to analyze disruptions in the flow of blood to brain tissue. However this meant resetting the machine to override the pre-programmed instructions that came with the scanner when it was installed. There turned out to be a misunderstanding about an embedded default setting applied by the machine and as a result there were higher levels of radiation administered to patients. The dose of radiation was eight times what it should have been. Once the scanner was programmed each patient received the overdose. The hospital error went unnoticed for the next 18 months, when a stroke patient informed the hospital that he had begun using his hair after a scan. 206 people had received the overdoses and 40% of them had suffered patchy hair loss. Excess radiation would be difficult to detect from simply looking at the scan results. Radiation exposure increases the likelihood of cancer. To read more about the radiation overdoses, please click the link.

Medical malpractice reform is unlikely to cut healthcare spending significantly. The Congressional Budget Office found that the savings of medical malpractice reform would only be approximately 0.5% or $11 billion a year at the current level. This is far lower than advocates had estimated. The study shows that enacting a cap on pain-and-suffering and punitive damages, changing liability laws and tightening the statute of limitations on malpractice claims would only lower healthcare by approximately 1% each year. This figure is far lower than estimates by groups that are currently backing malpractice reform. They claim that the reform would save taxpayers somewhere between $100 billion and $200 billion dollars. Since restricting patient’s rights would not result in great savings, medial malpractice reform should be reviewed. To read more about the congressional report, please click the link.

A jury awarded a man a $9.25 million jury award after a men’s clinic erectile dysfunction therapy caused permanent damage to his penis. The jury awarded $750,000 in compensatory damages and $8.5 million in punitive damages for the medical malpractice, even after the plaintiff had only asked for $6.75 million in punitive damages. The jury found that the defendant, Boston Men’s Health Center Inc., acted with the intent to cause harm. The company had advertised that the clinic could promise “sex for life.” The clinic’s staff told the victim that the therapy was “painless.” After the initial examination, the staff had diagnosed the victim with erectile dysfunction and premature ejaculation and said that they would inject their medication into his penis, a process that would be “painless.” The company called the drug a “secret formula” but the primary ingredient injected into his penis was a drug called papaverine. The FDA has since warned that this drug should not be used to treat erectile dysfunction. His erection didn’t dissipate and soon became painful, and the staff had to remove blood from his penis in an attempt to provide relief. None of these procedures worked, and the medicine caused fibrosis and scar tissue. The victim is now unable to have a normal erection. There have been several other medical malpractice claims against the company, but this has been the only one to go to trial. To read more about the medical malpractice verdict, please click the link.

As Congress debates nationwide health care reform, a new analysis reveals medical malpractice insurers have long-played a cruel hoax on legislatures and the public. Insurance companies have created a phony “financial crisis,” so lawmakers would limit the rights of those harmed by medical error. Medical malpractice insurers currently have average profits higher than 99 percent of Fortune 500 companies. The key findings of the report, which analyzes the financial statements of the 10 largest U.S. medical malpractice insures include, the average profit for insurance companies is higher than 99 percent of all Fortune 500 companies and they have seen their profit margins range from 5.9 percent to 74.9 percent. The average profit for a medical insurance company is 31.2 percent. Medical malpractice insurers have underestimated profits and overestimated losses. They have reported losses that have been approximately 13.5 percent lower than initially reported. This means medical negligence laws were passed under false pretences. Overblown reported losses were used to justify new measures restricting the rights of those injured by medical negligence. It is clear that limiting the legal rights of patients won’t lower health care costs or cover the uninsured. To read more about the false reports, please click the link.

An autistic young man, who was unable to speak, entered a Children’s hospital for some routine dental work. The hospital made the reckless medical error of using a painkiller-laced patch though his procedure. This type of patch is usually only meant to ameliorate chronic pain in cancer patients and others. The victim was discharged and found dead in his bed the following morning. The medical examiner stated that he had died from a drug overdose caused by the fentanyl patch. This family alleges he should have never even been given the fentanyl patch, nevertheless the highest dose available. The hospital has already admitted they committed medical error in prescribing the drug to the young man. The drug now requires a pain-management specialist’s sign off before it is administered. According to the Federal Drug Administration, wrong prescription of the fentanyl patch has become a persistent problem across the country during recent years, leading to numerous reports of death and life-threatening injuries. The report shows that doctors have inappropriately prescribed the fentanyl patch to patients for acute pain following surgery, for headaches, occasional or mild pain, when it should not be prescribed. The family feels a great deal of remorse considering the egregioius and preventable mistake that caused their son’s death. If you or a loved one has been wrongly prescribed fentanyl, please consult an Illinois lawyer. To read more about the wrongful death, please click the link.

The Washington State Hospital Association is urging the state to appropriate money for a consultant who would analyze medical error reports and recommend solutions to help facilities avoid death and injures. Hospitals which are required to report medical errors feel that they aren’t getting enough in return when the state collects their report. They feel as if the state does nothing but store the report and move on. They are frustrated by the lack of analysis or warnings that could ultimately prevent medical error and save lives. The Washington Legislature had passed a law in 2006 requiring hospitals to report medical errors and mandating the state Health Department to analyze the reports. However, the money the legislature set aside for this program would have barely made a down payment on the estimated cost of $3.8 million a year. Since there is no consultant, no medical errors are being made to the Legislature. Also, there are problems with hospitals disobeying the law and failing to report medical errors. This program could be a huge step for reducing medical errors. Illinois should greatly consider such a program to reduce the number of medical malpractice cases this state sees every year. To read more about the medical malpractice legislation, please click the link.

The trial is set to begin in a medical malpractice lawsuit stemming from the death of a University of Pennsylvania sophomore two years ago. The 19-year-old victim died in September of 2007. Her family is claiming that the Hospital at the University of Pennsylvania was medically negligent in performing a lumbar puncture on a patient with brain swelling. Her brain ended up herniated and she wrongfully died. The hospital alleges no medical error, stating that the spinal tap is common for meningitis. This victim is an example of one of the 98,000 people who die each year from medical error. To read more about the wrongful death, please click the link.

One mother had to watch her 23-year-old son snorting crushed pain pills after doctors gave her son what could have been lethal amounts of prescription pain killers. The state’s department of health led to investigations that found that two doctors had committed medical malpractice by improperly prescribing pain killers and muscle relaxers to her son. He gave the young man a prescription calling for 270 pills of Roxycodone for pain and Xanax to treat anxiety. He also did not test his patient to confirm claims that the patient was suffering from juvenile rheumatoid arthritis. He is also accused of improperly filing prescriptions in the clinic. A medical malpractice offer of suspension of the doctor’s medical license until evaluation, 100 hours of community service and a $10,000 fine has been given to a physician. To read more about the medical malpractice settlement, please click the link.

A family was worried when their newborn had large bruises on her body, yet their doctors told her parents not to worry. Soon the baby’s skin turned yellow, her liver showed signs of scarring and a blood clot formed in her brain. A few days later their newborn was steps away from death. SunSentinel.com reported that the doctors told the parents different things every day. Fortunately, the baby survived, but the virus she acquired left her with lifelong disabilities. Now she has severe vision problems and permanent cirrhosis of the liver. Recently, a jury awarded the family a $4.3 medical malpractice lawsuit against the doctors who treated the baby. The jury found that the doctors ignored symptoms that pointed to an enterovirus, a mild illness that can become deadly in infants without a developed immune system. The doctors also committed medical mistake to take blood and liver tests that could have easily identified the virus. The blood clot damaged parts of the baby’s brain, and now she is left with a learning disability that affects her school work. Failure to diagnose is one of the many medical errors that doctors commit. To read more about the medical malpractice lawsuit, please click the link.

A panel of academics has stated that curbing medical malpractice litigation isn’t the “silver bullet” that’s needed to stop rising health care costs. One scholar stated that “Health polity myths become convenient truths.” One speaker mentioned that medical malpractice accounted for “a small and steady fraction” of health care costs, 2 to 3 percent at most, and couldn’t be blamed for the continuing increase in those costs. A professor of law and economics stated those medical malpractice torts reforms do not work as well as the proponents contend they do. He cited studies which spanned four decades stating that there was only meager costs savings as a result of restricting medical malpractice litigation. The panel ultimately decided that tort reform is not the magical solution to the problems of our health care system. To read more about the panel discussion, please click the link.

The White House has followed up on President’s Obama’s pledge to reform medical malpractice law. They are authorizing state demonstration projects to test new ideas. This may create problems for the thousands of people injured by medical error every week. Trial attorneys say they hope that patients are not punished through these new tort reforms. President of the American Association for Justice stated that “Any changes to the malpractice system must focus on patient safety and preventable medical errors, not limiting patient’s rights.” He points out that forty-six states have already enacted tort reform, and these health care costs continue to hurt victims of medical malpractice. Due to these tort reforms, patients injured through no fault of their own are often unable to seek justice. To read more about the tort reform, please click the link.

A jury awarded the survivors of a deceased farm worker $3.7 million in a medical malpractice lawsuit. The man died January 1, 2004, after contracting blastomycosis, a fungal infection often transmitted through water or soil. The man had visited a medical center twice in December of 2003 complaining of illness. The man was seen by physician assistants who determined he had pneumonia. The health care center failed to run basic diagnostic tests, including X-rays. He was admitted to a hospital on December 23, 2003 and diagnosed with blastyomycosis, but it was too late to save his life. The jury found that the health system and the doctor who was responsible for overseeing the physician assistant were medically negligent. Unfortunately, the award will be reduced because the state has medical malpractice caps. To read more about the medical error, please click the link.

Tedrick v. Community Resource Center, Nos. 104861 & 104876 (9-24-09) revered a case stating that the nonpatient status of decedent, who was killed by husband with history of psychiatric problems, meant that defendant mental health providers had no duty to decedent, and had not voluntarily undertaken any duty; and husband and wife's relationship did not constitute "special relationship" which could transfer defendants' duties of care from husband to decedent. This case will impact medical malpractice cases in Illinois.

Thomas v. Koe, No. 4-08-0705 (9-21-09) stated that the trial court erred in granting motion in limine to exclude reference to IDFPR investigation related to care in question, where defendant dentist refused to allow investigator in his office after arriving unannounced to inspect his sterilization equipment. Under "same-part-of-the-body" rule, trial court should have barred testimony that plaintiff's tonsillitis, use of alcohol, and diabetes could have contributed to plaintiff's severe infection which developed following tooth extraction. Finding of direct criminal contempt proper where plaintiff's counsel violated in limine order barring reference to IDFPR investigation; counsel's strong belief that ruling was in error irrelevant. This case will impact dental malpractice cases.

After Laurie Sanders lost her son to medical negligence, she vowed to ensure that a patient’s rights were always valued. Her 6-year-old went to the hospital sick for the first time in his life and died of oxygen deprivation. She took those doctors to court and endured 18 months of litigation to hold them accountable for their actions. She also had the privilege of seeing medical professionals have the courage to testify that medical negligence occurred in her son’s death. Now she is worried that “malpractice reform” is losing sight of the most important problem, medical mistake. Instead, legislators seem to be focusing on defensive medicine to decrease the number of medical malpractice lawsuits. However, the Congressional Budget Office has issued reports questioning the pervasiveness of “defensive medicine” and concluded that they will have a minimal effect on health care costs. Every year, tens of thousands of patients die because of medical errors. To improve patient safety, doctors and hospitals must be held accountable for their negligence. To read more about medical malpractice, please click the link.