Illinois Medical Malpractice Blog

Bloomberg Businessweek is reporting that a new study shows that when you interrupt a nurse while they are tending to the patients’ medication, you increase the changes of medical error. As the number of nurse distractions increase, the number of medical errors tend to increase as well. A director of the Health Informatics Research and Evaluation Unit stated that as more interruptions occur, the greater the risk of serious error will go up. In one instance, four interruptions in the course of one single drug administration doubled the likelihood of a patient mishap. This shows that many contributing factors and circumstances can lead to a medication error. Besides interruptions studies show that lighting, heat and noise can also distract health care professionals when administrating medication.

Approximately one-third of the harmful medication errors take place when medication is administered by providers. While most of these errors prove to be harmless, some can have devastating effects. The FDA monitors these medication errors in order to look for ways to prevent these mistakes from occurring. They can also occur after mislabeling, unavailable drug information or miscommunication of drug orders. A medication error is defined as “any preventable event that may cause or lead to inappropriate medication use or patient harm while in the control of a health care professional.” The FDA has enacted programs that will help reduce medication errors such as eliminating the use of ambiguous medical abbreviations. If you have been the victim of a medical error, contact a Chicago medical malpractice attorney. To read more about the FDA medication errors, please click the link.

A father has filed a $19 million medical malpractice lawsuit against a hospital and two doctors, claiming that he never consented to his son’s surgery. This surgery ended with his sixth month old son having permanent brain damage. Originally, the father was told that it was a minor small surgery shortly after his son was transferred to a new hospital. He was only warned that a small infection could be a complication, and this would be treated with antibiotics. However, the victim’s father still said he refused consent. Despite this answer, the doctors still operated on the young boy, leaving him brain damaged.

Hospital officials are stating that the father gave verbal consent, yet investigators have not found any hospital documentation to support this assertion. Furthermore, the baby was scheduled for morning surgery, yet doctors postponed it until later in the afternoon citing an inability to obtain consent. When the father refused, the doctor told him to return to the hospital for further discussion. Still the father is claiming that he refused surgery because he was nervous about the procedure’s use of anesthesia. He also was not offered a Spanish interpreter, despite the fact that he only speaks Spanish. Following the surgery, the baby had become dependent on a ventilator and feeding tube. He had entered the hospital on a nasal breathing tube. The father believes that this is due to his son’s reaction to anesthesia. His son’s nursing care now costs costs $1,100 a month. To read more about the consent lawsuit, please click the link.

The Madison County Record reports that a man and his wife have claimed that a urologist removed the man’s kidney unnecessarily during surgery. The two filed the lawsuit in Madison County Circuit Court against an Illinois doctor and the Urology Consultants. The doctor had negligently performed a radical nephrectomy on the victim. The medical malpractice lawsuit claims that the doctor should have attempted to perform an exploratory surgery or a partial nephrectomy. Instead, the doctor performed a surgery that fully removed the kidney.

As a result of this surgery, the medical malpractice victim is suffering permanent pain, mental anguish and disfigurement. He is also claiming economic losses of medical costs and lost wages. He also believes that he is prevented from attending to the usual duties and affairs of life. His wife is filing suit claiming that she lost her husband’s love, companionship, consortium and support because of the medical negligence. The victim is seeking a judgment of more than $300,000. To read more about this Illinois medical malpractice lawsuit, please click this link.

According to Answers.com, radical nephrectomy involves removing the entire kidney, a section of the tube leading to the bladder, the gland that sits atop the kidney and the fatty tissue surrounding the kidney. On the other hand in a partial nephrectomy, only the diseased or infected portion of the kidney is removed. In this case, the medical malpractice victim would have benefited from a closer examination to determine which procedure was right for him. If you believe that you or a loved one suffered serious harms as a result of a medical provider's mistakes, consult a Chicago medical malpractice attorney to discuss your potential claim and legal options.

Did you know that preventable medical errors are the sixth leading cause of death in the United States? The Institute of Medicine has discovered that as many as 98,000 people die every year in the United States from medical negligence. Medical error claims more lives than diabetes and influenza. In addition, the Congressional Budget Office has found that 180,000 people are injured every year by these preventable medical errors. It’s obvious that the most direct way to decrease the amount of medical malpractice claims is to focus on reducing the incidence of medical malpractice. By enacting certain safety measures, the medical community could decrease many deaths every year. For example, surgical checklists would greatly reduce the amount of medical deaths. Also, medical personnel should always be required to wash their hands in order to decrease the amount of staff infections. If these little measures are implemented, hospitals could greatly decrease the 98,000 people who wrongfully die every year. If that number decreases, the number of medical malpractice claims would also decrease.

While many Republicans claim that tort reform is the way to decrease medical malpractice cases, it is time to focus on the true problem. Instead we should all be focusing on how we can reduce the number of medical negligent deaths. In fact, while the number of medical negligent deaths has remained steady, the number of medical malpractice lawsuits has decreased. If you have been a victim of medical negligence, consult a Chicago medical malpractice lawyer. To read more about Illinois medical malpractice, please check out the Illinois’ white paper.

An Arlington soldier is dealing with the repercussions of a medical error in difficult way. The 21 year old airman lost his legs after a botched gallbladder surgery at a military hospital, according to the Star-Telegram. The victim had agreed to have laparoscopic gallbladder surgery after enduring stomach problems. During the procedure, an instrument being threaded through his stomach nicked his aorta artery, cutting off the flow to his legs. He was then transferred to another medical hospital, where both of his legs were amputated. His lawyer believes that this constituted gross violations of the US medical act. To read more about this specific medical malpractice case, please click the link.

Currently, however, the medical malpractice victim is in a battle with the U.S. court system. According to a 1950 Supreme Court decision, military personnel or their families are not allowed to collect damages from military doctors for medical negligence. This is known as Feres Doctrine. Not only will the medical malpractice victim not be able to recover for medical damages, his wife will be unable to file for loss of consortium. Currently, a Congressman is introducing legislation in order to change that policy.

The "Feres Doctrine” only applies to those active men and women of the U.S. Armed Forces who suffer injury at the negligent hands of other members of the Armed Forces. Since military personnel staff military hospitals, this keeps those victims of medical negligence from being able to file suit in federal court. This doctrine greatly hinders the rights of military medical personnel. The Chicago medical malpractice attorneys of Levin & Perconti support recent efforts to invoke legislation that will override this doctrine.

A medical malpractice victim has settled with an Illinois hospital, a nurse midwife and the nurse’s employer for a $9.5 million medical malpractice lawsuit. The victims had alleged that the hospital was a fault for causing their son’s cerebral palsy. The victim’s mother was admitted to the hospital in 1996 while she was in labor with her son. The nurse had failed to promptly get a doctor when the mother requested one upon experiencing complications. The Illinois judge and mediator agreed to the medical malpractice settlement and believed it was good for both sides. This case took place in an Elgin hospital. To read more about this medical malpractice settlement, please click the link.

In the United States alone, about 10,000 babies per year will develop cerebral palsy. About two-thirds of those children will be mentally impaired. One cause of cerebral palsy is birth injury or birth trauma. Medical negligence, such as careless handling of the child’s cranium or an undetected oxygen blockage in the child’s brain is a factor in cerebral palsy cases. There are two factors that can indicate potential dangers during prolonged labor. These include the baby getting “stuck” in the birth canal with no oxygen supply. Also, if your water broke and your doctor didn’t make sure that you delivered within 24 hours you should alert someone immediately. If your child developed cerebral palsy as the result of medical negligence, consult a Chicago medical malpractice lawyer. To learn more facts about cerebral palsy, please check out the link.

A medical malpractice victim was awarded a $1.5 million settlement for the pain and suffering he incurred at the hands of hospital employees. This man was originally suffering from diabetes and chronic pancreatic pain when he sought the aide of hospital employees. He was admitted to the hospital where he sought treatment for complications from his pancreatic disease in 2005. Court documents show that a nurse inserted an IV containing the drug Phenargen for anti nausea and inserted Demerol for pain. She inserted the IV into the patient’s wrist. When medical personnel checked on his condition an hour later he appeared to be in good condition. However, approximately 9 hours after the IV was inserted the site appeared to be “painful and swollen.” Forty five minutes after that the needle needed to be removed.

LawyersandSettlements.com is reporting that the man was then transported to a different hospital where he immediately underwent surgery on his wrist. The surgeons, however, were unable to save the victim’s thumb. The victim had to endure multiple additional surgeries in order to save his hand. A medical investigation concluded that the nurses had allowed the drugs to infiltrate the tissue surrounding the IV needle. To read more about this medical malpractice case, please click the link.

This type of medical error, one that leaves the patient without the use of appendages, has become all too common. The Chicago medical malpractice lawyers at Levin & Perconti settled a medical malpractice case where a premature baby lost her finger in the same manner, through the improper insertion of IV drugs. Please contact a Chicago medical malpractice attorney if you believe you have been a victim of medical malpractice.

The Chicago Tribune is publishing that patients are in fact dying in hospitals with great reputations more than those with poor ones. Immediately, medical centers around the state are challenging the information by stating that it did not accurately reflect the different patients that each hospital treats. While the hospitals are stating that these statistics are born on false characteristics, the Illinois Department of Health states that the methodology was developed by significant testing and evaluation.

This would be the first time that Illinois has published mortality data for hospitals. The numbers include many alarming facts. For example, death rates for those patients who have congestive heart failure are higher at the U. of C. Medical hospitals. The average Illinois hospitalization rate for those with congestive heart failure is 3.88 percent while U of C stands at 4.86 percent. Additionally the U of C reported more deaths among patients who underwent coronary artery bypass surgery. The statewide average of deaths was 2.87 percent while U of C boasted a 4.94 percent.

The U of C. was not the only facility with poor statistics. The University of Illinois at Chicago Medical Center also boasted higher number of medical deaths. For example, stroke patients death rates at this hospital averaged at 10.67 percent compared to an average of 9.10 percent. If you have a loved one that has fallen victim to medical error at one of these hospitals, please consult a Chicago medical malpractice attorney. To read more about the new medical malpractice report, please click the link.

The husband of a medical malpractice victim has filed a lawsuit against St. Elizabeth’s Hospital in Belleville, Illinois. The lawsuit claims that the victim was initially admitted to the hospital with a soft tissue infection in the fatty tissues of the upper leg. She informed hospital personnel that this occurred after she had pinched her left buttock in a toilet seat. The area had grown red, tender and swollen after this incident. The hospital then drained the pressure sore and stated that it was a successful surgery because there was no longer an infection.

However, three days later the victim was complaining of extreme fatigue and a week feeling. Blood cultures showed that there was a high level of E coli in the victim’s body and she had degeneration around the surrounding tissue. The doctors released her and the remaining tissues appeared healthy. She was ordered to use a wound-vac in her infected area and to simply wash and clean the wound. After the hospital she went to a nursing home. A month later her wound had to still not heeled and she was still complaining of pain and discomfort. New blood cultures showed that she had MRSA. The MRSA infection was traced back to the pressure wound. She died a few months later from complications related to the MRSA infection. To read more about this medical malpractice lawsuit, please click the link.

Pressure ulcers and infections are a common form of death. It is important to know the signs and symptoms in order to properly diagnose them. One is that the blood from the body core is warmer than skin temperature. Also, you may be able to detect a small odor caused by the bacilli. To read more signs and symptoms of pressure ulcers, check out the link.

Wilson v. Humana Hospital, No. 1-07-3454 (3-19-10) affirmed a medical malpractice case filed by a mother on behalf of her son based on alleged birth injuries, in failing to timely perform and report lab studies after mother's water broke several weeks prior to due date, and baby born two days later with significant and continuing respiratory problems. Not guilty verdict was rendered after lengthy jury trial. Experts disagreed on whether brain damage due to prematurity or malpractice, including whether baby had certain type of infection. Plaintiff opened the door to any defense cross-examination or rebuttal on issue of tests by questioning plaintiff's own experts about it. Court properly instructed jury as to statute of limitations affirmative defense and legal disability, where child, who was age 10 at time suit filed, appeared to be not under legal disability for purpose of giving trial testimony. This Illinois case will impact medical malpractice law.

A jury has awarded a medical malpractice victim $10 million. The Orlando Sentinel is reporting that the jury found the ambulance service at fault for the victim’s son’s premature birth injuries incurred in the ambulance. The medical malpractice trial lasted two-weeks. The jury decided that the company was negligent for transporting the woman when she gave birth to her son en route to the hospital. The boy is now six.

At the time of the birth he weighed 1.7 pounds and suffered a lack of oxygen to the brain. This left the boy suffering from cerebral palsy. While no amount of money will make up for the damage that her son has occurred, the victim is pleased with the outcome. The original medical malpractice lawsuit also included the hospitals and doctors. All of these defendants settled with the plaintiff for a total of $1.4 million last year. The medical malpractice lawsuit alleged that the victim first went to a medical center suffering from pain and premature labor. The emergency room physician believed that she should stay and be treated at the hospital, but an ambulance was called to transport her to another hospital. The boy was born about 15 minutes into the trip but had trouble breathing. CPR needed to be performed.

Cerebral Palsy, which involves lack of motor function, can result as a result of medical negligence. If your child has cerebral palsy, please contact a Chicago medical malpractice attorney. To read more about this specific medical malpractice trial, please click the link.

A Gurnee, Illinois family has won a $29.1 million verdict in a medical malpractice lawsuit that was decided in federal court. The Daily Herald is reporting that the verdict benefits the 6-year-old victim who is now a quadriplegic suffering from cerebral palsy. The boy was delivered with the birth injury in May of 2003 at Northwestern Hospital in Chicago.
The medical malpractice lawsuit was brought in federal court because the doctors guilty of the medical error worked for a federally funded clinic in Chicago, the Erie Family Health Center. The medical malpractice lawsuit was also filed under the Federal Tort Claims Act, which allows victims to sue the federal government. Filing under the Federal Tort Claims Act requires a bench trial without a jury. Thus, Northern District of Illinois Judge Amy St. Eve was responsible for handing down the medical malpractice verdict. While the verdict was for $29.1 million, this will be setoff by a previous $6.5 million settlement reached with the hospital last year.

Cerebral Palsy is a common birth defect that can be a result of medical malpractice. When doctors leave a baby in the birth canal too long, cerebral palsy may develop. Cerebral Palsy affects a child’s movement and posture and can result in involuntary or uncontrolled movements. This birth injury often requires lifelong medical care and treatment. If your child suffered cerebral palsy as the result of medical error, please consult a Chicago injury lawyer. To read more about this Illinois medical malpractice , verdict please click the link.

A common form of medical malpractice occurs when a provider carelessly or negligently fails to identify medical conditions or properly treat a patient in his or her care. While a health care provider’s liability under medical malpractice law does vary from state to state; all states recognize “failure to diagnose” as an actionable offense under certain circumstances.

According to 24-7 press release, the term failure to diagnose does encompass a wide variety of medical negligent practices. These include misdiagnosis, failure to provide appropriate treatment, unreasonable delay in treating and explicit failure to diagnose a medical injury. It is important for providers to diagnose cancer as early as possible, for a delay in treatment may greatly affect the patient’s prognosis. When cancer goes untreated it requires more aggressive and invasive forms of treatment. When this happens, health care providers may become liable for these medical expenses.

One recent medical error study shows that twelve percent of cancer cases are misdiagnosed as a result of reader error and poor sampling techniques. Certain cancers are more likely to be misdiagnosed than the others. Lung cancer is oftentimes diagnosed as bronchitis or tuberculosis. Colon cancer can be diagnosed as irritable bowel syndrome. This type of cancer is easily diagnosed with a routine colonoscopy. Cervical cancers can easily be detected by yearly pap smears. However, if a physician misinterprets the results of the exam the cancer can go into advance stages causing infertility. If you have had misdiagnosed cancer, please consult a Chicago medical malpractice attorney. To learn more about cancer misdiagnosis, please click the link.

A Medical Center is investigating after a child wrongfully died in their care following an organ transplant. The two-year old’s death may have possibly been the result of an accidental overdose of the blood thinner heparin. They recently released a statement declaring that they were investigating the death after an apparent overdose of a blood thinner. According to Action 3 news, the patient was at the hospital for a multi-organ transplant. After she received the transplant she was readmitted to the hospital with an infection. The virus caused the victim’s kidneys to shut down, requiring her to receive dialysis. It was at the hospital where the 23-month girl died from an infection.

In reality the blood thinner that can be a life-saver during a hospital stay can turn deadly if this blood thinner is given in too high of a dose. According to Omaha.com heprin can cause immediate problems if given in too high of a concentration. This will cause internal bleeding, which can be life-threatening. No one is exactly sure how the overdose occurred. Many of the hospital staff believes the medical malpractice occurred when the setting on the IV pump was not checked properly.

The medical center has already arranged for travel for the family and funeral expenses. Also the medical center is trying to be proactive in sharing this information with other hospitals on what they are trying to do to prevent these occurrences. This hospital is taking important steps to reduce medical error. By sharing new safety implementations with other hospitals, fewer patients will die as a result of a heparin overdose.

The family of a victim who wrongfully died of sepsis at a hospital will receive $1.44 million after a jury determined that his doctor failed to provide him with proper care. The medical malpractice verdict was declared several weeks after this specific hospital notified almost 530 patients that they may have received unnecessary coronary stent implants. The Baltimore Sun is reporting that two physicians in addition to the hospital were named in the medical malpractice lawsuit.

The victim had endured several tests which included an X-ray and a CT scan to determine what was wrong. The doctor believed that the victim was suffering from some sort of infection but believed it to be pneumonia. Finally, a test determined that the victim was suffering from sepsis but the doctor was unaware of the source. He treated the victim with a broad-spectrum antibiotic and admitted him. To read more about the medical malpractice verdict, please click the link.

Reports have shown that nearly 48,000 patients die each year from pneumonia and blood-borne infections. This epidemic has become a widespread problem in hospitals throughout Illinois. Sepsis is a blood infection that can develop after surgery. Patients who developed sepsis after surgery will end up staying nearly 11 days extra in the hospital. This will cost an additionally $32,900 per patient. Most importantly, 20 percent of these people die of sepsis. If you have developed sepsis at a hospital, please contact a Chicago medical malpractice lawyer. To read more about sepsis statistics, check out this link.