Illinois Medical Malpractice Blog

According to a recent article in the Chicago Tribune, a woman who battled against malaria has filed a medical malpractice lawsuit against the first hospital where she received treatment. The lawsuit contends that the hospital allowed her condition to deteriorate so thoroughly that her arms and legs had to be amputated. The 34-year old victim had traveled to Ghana in February of 2008 and was bitten by a mosquito carrying the malaria parasite. At the time, she was not taking anti-malarial medication and when she returned to Chicago, she suffered increasingly severe headaches and fatigue.

This prompted her to visit the emergency room at Chicago’s Northwestern Memorial Hospital. While the hospital did diagnose the victim with malaria, they did not treat it aggressively enough in the early stages. Instead they treated her as if she had non-complicated malaria, despite evidence that it was far more advanced. Her condition continued to worsen and she lost circulation to her extremities. After six days at Northwestern Memorial, she was transferred to the burn unit at the University of Chicago Medical Center where a surgeon had to amputate her arms and legs. The medical malpractice lawsuit has since been filed in Cook County Circuit Court.

Doctors have a duty to aggressively treat all diseases to their best ability. If diseases are not properly diagnosed, drastic effects may ensue such as the amputation in this case. If you believe that you did not receive adequate treatment at a Chicago hospital, contact a Chicago medical malpractice lawyer. To read the article on the medical malpractice case, please click the link.

Martinez, v. Elias, M.D., No. 1-08-0265 (12-28-09) found that the court properly denied motion in limine to bar evidence of a financial motive to perform surgery, which the plaintiff claimed was unnecessarily performed by defendant orthopedic surgeon; it was found to be proper to permit evidence of financial motive in limited and specific manner to address issue of compliance with standard of care. The motion for new trial properly was denied, as the evidence was sufficient for the jury to have established requisite elements, including proximate cause based on testimony of plaintiff and admission of defense expert that surgery caused or contributed to pain after surgery. Remittitur for $100,000 in error, as treating physician testified that fee for necessary future surgery would be $55,000, plus one-week hospital stay and charges for radiology, anesthesiology, and physical therapy, and that testimony was sufficient to support jury's award of $100,000 for non-itemized future medical expenses. This Illinois case will impact medical malpractice law.

At the recent health care summit President Obama stated that Republicans are overstating the effects that medical malpractice has on the health care system. He disputed the Republican’s claim that medical malpractice lawsuits are the biggest driver of medical inflation. Illinois Democrat Dirk Durbin stated that it is wrong to impose medical malpractice awards when the health care system is the true culprit for rising health care costs. Rather he suggested that Congress should focus on incentivizing states to find innovative ways to reduce medical errors and reduce those medical malpractice lawsuits that should not be filed.

The Democrat’s position on medical malpractice is supported by the Congressional Budget Office’s report. The report shows that medical malpractice lawsuits only constitute 2 percent of total health care expenditures. Enacting tort reform would then only reduce total national health care expenditures by approximately .2 percent. Conversely, the Congressional Budget Office also stated that an additional 4,800 people a year will die if hospital accountability goes down. Currently, the Institute of Medicine estimates that 98,000 people a year die due to medical error. Additionally, tort reform would greatly damage those who are victims of medical error by limiting the amount of compensatory damages they receive. Compensatory damages simply put the patient back to the position they would be in prior to the medical err. These include costs of medical bills, rehabilitation and loss wages. These innocent victims must be adequately compensated for their injuries not only because it is constitutional but because it is just.

To learn more about the medical malpractice debate, check out the San Francisco Chronicle’s article.

The American Association for Justice issued a quick response to Rep. Darrell Issa’s “misinformed” op-eds that were released this morning. The AAJ did so to present accurate information surrounding medical malpractice tort reform to reporters and the public. The op-eds came hours before the President commenced the bipartisan healthcare summit to discuss his proposal for healthcare reform. Although the proposal, released earlier in the week, did not contain any tort reform measures, it was well known that Republicans would continue to push for the inclusion of tort reform in the larger healthcare bill.

The AAJ debunks Issa’s argument by citing information and studies collected in the organization’s medical negligence primer. The AAJ notes that opponents of true healthcare reform use tort reform as a solution; however it will not solve the healthcare crisis and will only take away the rights of victims of medical malpractice. Rep. Issa argues that medical malpractice reform would help to contain healthcare costs. The AAJ cites the nonpartisan Congressional Budget Office’s findings that tort reform would only result in a 0.5% reduction in the overall cost of national healthcare spending. The AAJ’s response also notes that states with the toughest medical malpractice laws have the most expensive healthcare in the country and the highest rates of uninsured people. Tort reform has done little to drive down the cost of healthcare or make it more accessible to people in these states.

Further, the AAJ refutes the notion that tort reform will control the cost of medical malpractice premiums and prevent doctors from fleeing. According to the AAJ response, states with no medical malpractice caps actually have lower premiums for doctors than states with caps, proving that there is no correlation between caps and medical malpractice insurance premiums.

As the healthcare debate continues, it is important for organizations such as the AAJ to inform the public and uncover the myths surrounding medical negligence. Doing so will help people see that tort reform has no place in the healthcare debate and will have little impact on reducing healthcare costs or improving healthcare for all Americans. Rather, tort reform will take away people’s rights to receive fair compensation for injuries or death caused by a healthcare provider’s mistakes. Read the AAJ’s response to the op-eds on tort reform.

An Illinois woman has started a website designed to improve hospital safety entitled Campaign Zero. She began the website after Medicare discontinued reimbursing hospitals for preventable hospital hazards. The website focuses on preventing medical errors by zeroing in on what can be prevented with a little bit of knowledge. It also discusses ways in which everyone can help prevent medical error.

One area that can be improved is hospital acquired infections. Campaign Zero estimates that 2.2 million people are affected with hospital-acquired infections every year. More than 135,000 Americans wrongfully die from these hospital-acquired infections, most of which are preventable. The biggest culprit in the spread of this disease is unwashed, or poorly washed, hands. There is a simple way to prevent this medical error: to have employees simply wash their hands with soap and water. The website shows a video highlighting the easy way to wash hands and save lives.

Campaign Zero also highlights ways in which to prevent surgical error. The website’s study estimates that between 1,300 and 2,700 surgical errors occur every year in America. These include events when patients are mistaken for each other. Also, surgical tools and sponges are left behind in patients. In fact, 1 out of every 1,500 abdominal surgeries results in a left tool or sponge. The average cost of these types of surgical errors runs around $40,323. The website suggests showering before surgery and marking the part of your body that is to be operated on in order to prevent these errors. This website is a valuable tool for anyone that has a loved one in the hospital.

Leading up to Thursday’s bipartisan healthcare summit, the White House released the President’s Proposal on Healthcare Reform. The proposal includes many pieces of the House and Senate bills that have been debated over the last six months, however, the president did not include any medical malpractice revisions. This move by the president will protect the rights of patients across the country who may become the victims of preventable medical negligence. However, it is anticipated that the GOP will once again fight for the inclusion of tort reform in the bill.

As medical malpractice attorneys who represent victims of negligence, we continue to remind our readers to speak out against tort reform in the national healthcare debate. Recently, we saw the Illinois Supreme Court rule that caps on medical malpractice damages were unconstitutional, a great victory for patients in our state. We hope that our national representatives will follow Illinois’ example and realize that tort reform has no place in the healthcare debate. Healthcare reform should focus on lowering healthcare costs and making affordable healthcare accessible to everyone. Tort reform will not ease access, and it will not lower healthcare costs significantly. In fact, the CBO released a report in October 2009 that said tort reform would only lower the total cost of healthcare spending by 0.5%. To read the full text of the President’s Proposal on healthcare reform, follow the link.

Two decades ago, Congress created a national database to stop dangerous or incompetent caregivers from crossing state lines. The database allowed hospitals to check for disciplinary actions taken anywhere in the country against nurses, pharmacists, psychologists and other licensed health professionals. Twenty-two years later the federal government is finally letting hospitals use it. However, the database is missing serious disciplinary actions against possibly thousands of health providers. One such health care provider had her license pulled after she injected a patient with painkillers in a drugstore parking lot. However, she is not listed on the database.

The head of the Health Resources and Services Administration has acknowledged that records were missing. They sent a letter to the nation’s governors asking for their immediate help fixing gaps in the database calling it a matter of public safety. In 1999, medical malpractice legislation made it mandatory for state boards to file a report on all other health professionals whose licenses were revoked or restricted. Reporters found at least nine states that appear to have submitted incomplete records on registered nurses. This includes one case in which a nurse had put a knife to a co-worker’s throat. A recent medical malpractice article documented the failure of this database.

The Chicago Tribune has found that Illinois regulators had revoked the license of an EMT after she failed to provide proper care to patients in need, yet she was still not on the federal database. Illinois is one of the 20 states that have failed to adequately report disciplinary actions. These databases will help decrease medical error. They must be properly updated in order to protect Illinois patients.

In 2005, the Illinois legislature enacted an arbitrary $500,000 cap on the total amount of non-economic damages that can be recovered by patients in medical malpractice cases and a $1 million cap in those cases against hospitals. The Illinois Supreme Court recently ruled that this law was unconstitutional and limited patients’ rights. Those proponents of the legislation were arguing that medical malpractice claims and verdicts were skyrocketing which was driving doctors out of Illinois thereby raising your health care costs. In reality these insurance driven arguments were far from the truth.

First, court records have actually shown that the annual filings of medical malpractice lawsuits in Illinois have steadily decreased before 2005. While medical malpractice filings have gone done, insurance companies have been enjoying record profits. Since 2000, malpractice insurance rates have dramatically increased while the frequency and severity of malpractice claims and payouts have not. Medical malpractice payouts have been on the decline nationwide for years. Insurance rate fluctuations are the result of market conditions, not medical malpractice lawsuits.

Instead of focusing on reducing costs, lawmakers should be focusing on improving patient safety. Medical malpractice is a leading cause of death in America, injuring 180,000 people annually. Additionally, 98,000 people wrongfully die annually from medical error. Preventing medical error is the most effective way to avoid malpractice litigation. If you are the victim of medical error, consult a Chicago medical malpractice lawyer. To read more from the Illinois Trial Lawyers Association’s response to tort reform, please click the link.

A group of medical malpractice survivors sent letters to President Obama and the Congressional leadership urging them to keep additional “tort reforms” out of the health insurance reform bill. They are responding to pressure he has been feeling from the insurance and medical lobbies to limit patients’ legal rights. The Congressional Budget Office has said that even the most brutal restrictions on injured patients would save less than 1 percent of the total health care costs. The survivors wrote that they have endured the problems of state restricted malpractice caps. Malpractice awards need to be suited specifically to aide the victim. The laws have had terrible consequences for them. Some victims of medical malpractice were shut out of courts altogether. Illinois recently passed a landmark decision that declared medical malpractice caps unconstitutional. Illinois has upheld the right decision that puts patient’s rights in front of insurance greed.

The letter concludes, “Medical malpractice has taken a huge toll on all of our lives, as it has on the hundreds of thousands killed or injured each year due to preventable medical errors. Please continue to explore ways to improve patient safety and reduce unnecessary deaths, not diminish accountability for wrongdoers, limit our right to have cases heard before judges and juries, and burden taxpayers with the bill.”

Lawmakers should be concentrating on making the system fairer to doctors and patients. They should look to reducing the 98,000 deaths that occur each year due to medical error.
To read a copy of the letter, please click the link.

As the health care debate continues, an editorial in the St. Louis Dispatch emphasized that medical malpractice tort reform would do little to bring down the overall cost of health care in the United States. The editorial anticipates that heading into the bipartisan health care summit on February 25, Republicans will again push for medical malpractice caps to control the soaring costs of health care.

Republicans argue that capping medical malpractice damages will reduce health care costs by lowering medical malpractice insurance premiums and costs associated with defensive medicine. However, medical malpractice reform will do little to impact health care spending in the United States. The editorial cites a study by the Congressional Budget Office that revealed the projected savings from tort reform would only reduce the total amount of health care spending by only 0.5%.

Republicans also argue that there are too many frivolous lawsuits, but the article notes findings from a Harvard study found that over half of the patients who experienced medical malpractice did not take legal action. Additionally, due to the high costs of lawsuits, medical malpractice attorneys are not motivated to represent clients in frivolous lawsuits that have no merit.

Medical malpractice caps will not drive down health care costs. Rather, they will only harm individuals who have been injured or killed as a result of medical errors. It is important to shift the focus to preventing medical malpractice from happening instead of limiting patients' rights. To access the Dispatch's editorial on medical malpractice tort reform follow the link.

In 2005, the Illinois legislature enacted an arbitrary $500,000 cap on the total amount of non-economic damages that can be recovered by patients in medical malpractice cases and a $1 million cap in those cases against hospitals. The Illinois Supreme Court recently ruled that this law was unconstitutional and limited patients’ rights. Those proponents of the legislation were arguing that medical malpractice claims and verdicts were skyrocketing which was driving doctors out of Illinois thereby raising your health care costs. In reality these insurance driven arguments were far from the truth.

First, court records have actually shown that the annual filings of medical malpractice lawsuits in Illinois have steadily decreased before 2005. While medical malpractice filings have gone done, insurance companies have been enjoying record profits. Since 2000, malpractice insurance rates have dramatically increased while the frequency and severity of malpractice claims and payouts have not. Medical malpractice payouts have been on the decline nationwide for years. Insurance rate fluctuations are the result of market conditions, not medical malpractice lawsuits.

Instead of focusing on reducing costs, lawmakers should be focusing on improving patient safety. Medical malpractice is a leading cause of death in America, injuring 180,000 people annually. Additionally, 98,000 people wrongfully die annually from medical error. Preventing medical error is the most effective way to avoid malpractice litigation. If you are the victim of medical error, consult a Chicago medical malpractice lawyer. To read more from the Illinois Trial Lawyers Association’s response to tort reform, please click the link.

Long-term acute care hospitals have been in operation nationally for the first 25 years. There are more than 400 long-term facilities nationwide. Most are owned by for-profit companies and few of them have doctors and staff. Two large owners of nursing homes are Select Medical Corporation and Kindred LTC hospitals. Many of these companies are plagued with medical malpractice lawsuits and poor state inspections. For example, in 2007 and 2008 Select’s hospitals were cited at a rate almost four times that of regular hospitals for Medicare violations. In the last three years, inspectors have found 22 violations of care standards at 12 Select hospitals. This could lead Medicare to ban those hospitals from admitting Medicare patients.

Long-term care hospitals have a higher incidence of bedsores and infections than regular hospitals. Many of the patients that reside in these hospitals are extremely sick. Despite the fact that they are in stable condition, they tend to be on dialysis or need a ventilator. If they require emergency care, they must be transported back to a general hospital. To learn more about the problems associated with long-term care, check out the New York Times article.

Kindred Health Care owns a number of long-term facilities in Illinois including locations in Sycamore and Northlake. These hospitals may fall into the problems associated with long-term health care facilities such as an emphasis on profits over patient care. If you believe that your loved one is being neglected at a long-term health care center, please consult a medical malpractice lawyer.

Congressman Murtha’s recent death has raised questions about the complications of gallbladder surgery. Many are left wondering if the influential lawmaker was among nearly 100,000 people who die in U.S. hospitals annually because of medical errors. While Congressmen debate health care on the hill, it is time that they reflect on the death of one of their own. Instead of focusing on issues such as tort reform, it is necessary that they look more closely at how to prevent medical error.

The Washington Post found reported that Murtha had elective laparoscopic gallbladder surgery preformed at the Bethesda Naval Hospital and fell ill shortly afterwards from an infection that has been related to the procedure. Studies have found that the mortality rates for gallbladder surgery is quite low, ranging from .7-2% even in the elderly. So we are left with the question of whether Murtha was an unlucky patient or whether he is yet another victim of medical error. Some argue that a two minute checklist could decrease the death rate. Since Bethesda Naval Hospital is a government institution, organizations that work to prevent medical mistakes cannot confirm whether they do use such a checklist.

The Chicago medical malpractice attorneys at Levin & Perconti support the use of checklists to promote communication between hospital staffers. They believe that this is one step that a hospital can take in lower the death toll that occurs every year from medical error. If you believe that you are a victim of such a medical error, please consult a Chicago medical malpractice attorney. To read more about the devastating lost of Congressman Murtha, please click the link.

Last week, the Illinois Supreme Court reached a landmark decision which ruled that medical malpractice caps are unconstitutional. The Illinois Supreme Court decided that patient’s rights were more prevalent than the needs of the insurance company. They overruled an Illinois statute that capped pain and suffering at $500,000 from a doctor and $1 million from a hospital for negligent medical care. However, many are critical of the important decision recently written.

The Chicago Sun-Times wrote that the health care costs in Illinois suffered a setback due to this decision. The article argues that health care costs are rising and that doctors are leaving this state due to insurance costs. The article also argues that neurosurgeons are leaving Illinois due to the large health care costs and the American Medical Association argues that medical malpractice insurance stabilized as a direct impact of the statue.

Yet, the paper overlooks a number of factors. First, those states with medical malpractice caps historically have a higher insurance rate than those without. Second there is no empirical evidence that doctors leave states without medical malpractice caps. Finally, and most importantly, 98,000 people die every year due to medical error. Advocates should be more concerned with diminishing medical errors than decreasing medical malpractice costs. The Chicago medical malpractice lawyers at Levin and Perconti support the recent Illinois Supreme Court decision. It is not only a decision that coheres with the constitution, but is also one that supports patients’ rights.

Lately, the media has focused on how many of this nation’s Supreme Courts are committing judicial activism. However, the recent decision by the Illinois Supreme Court is evidence that the Illinois Supreme Court can make “non-activist” decisions. They did so by rightfully declaring that the 2005 cap on medical malpractice awards was unconstitutional. Not only does precedent require this decision, it also shows that the Supreme Court can make the right decision for Illinois. By declaring medical malpractice caps unconstitutional, they showed their commitment to patient’s rights. Families rely on court-determined compensation in order to rebuild their life after a devastating medical error. By instituting medical malpractice caps, the legislature tried to take away the judicial branches right to decide. Thankfully, the Illinois Supreme Court brought the decision back to the bench. To read more about the medical malpractice decision, please click the link.

The family of a 6-year-old boy who wrongfully died after he was struck in the head by an oxygen tank reached a $2.9 million settlement with the hospital. The boy was lying in an MRI chamber when the machine’s magnets pulled in a metal tank that a staff member had brought into the MRI’s magnetic field. The victim’s family then filed a medical malpractice lawsuit. This death is one of the 98,000 deaths that occur due to medical error. To learn more about the medical error, please click the link.

The landmark Illinois Supreme Court Case of Lebron, a Minor v. Gottlieb Memorial Hospital was decided on Feb. 2, 2010. The Illinois case decided that damage caps on medical malpractice case awards for noneconomic damages, such as pain and suffering, was in direct violation of the separation of powers. The Illinois Supreme Court found that the caps were an interfereance with the judicial branch’s authority to reduce verdicts. Since the noneconomic damages provision is not severable from the statute, the Court found that the entire statute is invalid. This important case is a victory for those who value patient’s rights and will have a great effect on Illinois medical malpractice law.

The Illinois Supreme Court showed their support for patient’s rights today by ruling that medical malpractice caps violate the state’s Constitution. The ruling strikes down a statute that would limit awards for noneconomic damages such as pain and suffering. This would be the third time that the Illinois Supreme Court rejected medical malpractice caps. The court told lawmakers that they could not limit the amount of money that a medical malpractice victim could win in court. The Illinois Supreme Court found that the legislature had violated the separation of powers by infringing on the powers of the judiciary. The ruling revolves around the case of a 4 year old victim who was a victim of medical negligence. This medical error caused the girl’s brain damage at birth. This is a landmark case that will help the victims of medical malpractice throughout the state of Illinois. Now that malpractice caps have been lifted, the victims may receive funding that is needed to survive. The lawyers at Levin & Perconti applaud the Illinois Supreme Court for their support of patient’s rights. A victim deserves to be rightfully compensated for their injuries. To read reaction to the important decision, please click the link.

Today, the Illinois Supreme Court handed down a ruling in favor of patients and victims of medical malpractice throughout the state. According to a press release issued by the Illinois Trial Lawyers Association, the Court ruled that medical malpractice caps are unconstitutional in a lawsuit about a young girl who suffered a significant brain injury due to medical negligence. ITLA president, Peter J. Flowers, applauded the Court’s decision, noting it will shift the focus to “meaningful insurance reform” that will cut costs for doctors and patients and will give Illinois residents access to quality care.

The Chicago medical malpractice lawyers at Levin & Perconti support the Court’s ruling. Medical malpractice laws were designed to protect patients injured through no fault of their own. These laws allow victims to seek fair compensation for a health care provider’s mistakes. We are pleased that the Court ruled to protect patients’ rights to hold doctors and hospitals accountable.

A couple has received a $16.5 million verdict in a medical malpractice case against a neurosurgeon. The jury deliberated for eight hours. The man was injured while off-roading his vehicle. He had a fractured spine and was not seen by a doctor until the next day. He was operated on two days after the injury and left the hospital a paraplegic. The victim recovered for past and future lost earning, medical costs and damages for pain and suffering. Medical personnel must be extremely efficient in order to avoid medical malpractice. To learn more about the medical malpractice verdict, please click the link.

A gynecologist failed to discover a growing mass on a woman’s breast. The mass was then detected a year later by her family physician and was determined to be terminal cancer. The 34-year-old woman has filed a medical malpractice lawsuit against her gynecologist claiming that the doctor failed to discover the cancer during her exam. The woman had filled out a form that clearly stated she had a pain in her breast. The medical malpractice lawsuit claims that the family doctor had felt something in the victim’s breast during a breast exam and encouraged her to seek a mammogram. It was then discovered that she had a cancerous tumor growing in her breast. The cancer spread to a bone in her back and it was determined that the cancer was incurable. To learn more about the medical malpractice lawsuit, please click the link.