Illinois Medical Malpractice Blog

A trial began yesterday in a medical malpractice case alleging that a doctor’s failure to properly read an echocardiogram test lead to the heart attack death of a popular elected official in Ithaca, reports the Ithaca Journal.

George Dentes was a well-liked figure in his hometown. He was elected District Attorney of the county for fifteen years until his retirement in 2005. Always in good shape, Mr. Dentes was a former all-state high school football player, known for walking to work every day that he was on the job. However, in October of 2006 Mr. Dentes had a heart attack at home from which doctors were unable to save him.

Following his death, Mr. Dentes widow contacted a medical malpractice attorney and filed suit against Mr. Dentes doctor. The suit alleges that the doctor failed to properly read a recent echocardiogram test, commonly known as a “stress test,” which should have revealed that Mr. Dentes had heart disease. Had the doctor noticed the medical issue following the test, surgery could have been performed that could have saved Mr. Dentes life.

According to the National Institute of Health the stress test typically involves having a patient engage in exercise (such as running on a treadmill) and then using an ultrasound machine to determine which parts of the heart are not receiving sufficient blood or oxygen due to blocked arteries. If necessary, more intrusive tests, such as an angioplasty, can be performed to further pinpoint the blockage and the need for long-term surgical solutions.

As alleged in this case, however, at times doctors misread radiological procedures like ultrasounds, which result in a failure to diagnosis life-threatening conditions. Our Chicago medical malpractice attorneys at Levin & Perconti have extensive experience fighting for victims of misread radiological procedures like x-rays, slides, and ultrasounds. In one case, we won a record $14 million verdict against a doctor who misread an x-ray leading to a failure to diagnosis lung cancer. Medical professionals have an obligation to properly read the results of tests they perform. If you feel you may have been the victim of a misread test or procedure, contact a local attorney to ensure your rights are protected.

A recent Las Vegas Sun investigation has found that patients in nearby hospitals suffered 969 preventable injuries caused by medical error in the last two years alone. The exhaustive and first of its kind study revealed that preventable harms, deadly infections, and neglect occurred at a rate about one a day in some hospitals.

Dr. John Santa, Director of the Health Ratings Center for Consumer Reports, explained the repeated examples of medical malpractice by admitting, “These are events that no one can be proud of. They aren’t inevitable. They’re preventable. It just involves attention to detail and a willingness to change the culture.”

Preventable injuries caused by medical error include foreign objects being left in bodies after surgery, advanced pressure sores, bloodstream infections, and postoperative falls. The one thing each of these complications has in common is that they can almost always be completely eliminated if proper medical care is provided. For example, the Institute on Healthcare Improvement suggests that bedsores are almost always preventable and occur only when a patient is not given close enough supervision and attention. Central-line infections would also be virtually non-existent with closer monitoring and removal of catheters

It is is clear from the report that when a patient enters a hospital to get well and develops serious complications, a close look should be paid at the cause of the complication. All too often negligent medical care has contributed to the injury.

But the prevalence of medical malpractice is only half the story brought to light by this investigation. Just as disturbing as the prevalence of negligent care is the inadequate reporting of such events. The Sun’s investigation into hospital records showed that in many cases, hospitals failed to keep accurate records of these complications and injuries so that it is impossible to determine if they were caused by preventable medical error.

Currently no standardized public reporting methods exist, making it nearly impossible to compare preventable injuries at various hospitals to determine if widespread abuse persists in one medical facility over another. Both the Center for Disease Control and Centers for Medicare & Medicaid Services track these medical complications, but neither makes the list available to the public.

Widespread opposition still exists to allowing the information to become easily available to the public. Hospital lobbyists and legislators have gone back and forth on the legal requirements for reported preventable medical complications. The Las Vegas Assembly Speaker has noted that, “The hospitals have been resistant to change every step of the way.” Currently, only statewide totals are available, which are virtually useless to the public because they offer no means of comparison.

The benefits of open information are clear. Consumers are best able to choose their health service provider when made aware of the hospital’s performance with regard to preventable complications. Hospitals then would have even more incentive to ensure these hospital-acquired injuries are eliminated. Another motivator may be the loss of Medicare payments, as Medicare recently stopped reimbursing hospitals for treatment of injuries that developed in the hospital for preventable complications.

Our Chicago medical malpractice attorneys at Levin & Perconti fully support all efforts to both reduce preventable medical complications and increase the availability of comparative information to all consumers. Sadly, however, as this report reveals, discovering the true cause of a loved one’s complication is daunting and nearly impossible process for some families to undertake. That is exactly why you should contact a medical malpractice attorney as soon as you suspect you or someone you know may have been the victim of a similar complication caused by hospital negligence. Time matters, so be sure not to wait until it is too late.

KTLA News reports of another example of medical malpractice as two sisters are suspected of running an illegal cosmetic filler practice. The sisters, Guadalupe and Alejandra Viveros allegedly catered to a large group of clients, usually women, who sought out the pair to perform popular forms of cosmetic surgery. The most common surgery involved injections into the patients face and buttocks.

The two women reportedly had an extensive clientele list. However, many of those clients ultimately informed authorities of problems that they had encountered following the surgery. For many clients the substances injected into the patients during surgery had hardened into a solid plastic. The hardened material often became infected, leading to serious health consequences for the former patients.

Detectives investigating the claims soon discovered that the Viveros sisters were not even licensed to practice medicine. The elder sister, Guadalupe, claims to be a Mexican medical physician, but that of course does not automatically qualify her to practice medicine in the United States. The pair was arrested last week when the medical malpractice was discovered, and they are currently being held on $20,000 bail.

These and similar stories recount the shocking and all too prevalent forms that medical malpractice may take. While most patients will fortunately be spared the complications caused by medical professionals who are not legally allowed to practice medicine, too many will still become the victims of more nuanced forms of medical error. As a growing list of victims can attest, injuries caused by doctors performing procedures in which they are not qualified occurs more often than anyone would imagine. Our Chicago medical malpractice lawyers at Levin & Perconti are committed to fighting for the rights of all victims of medical error. If you or anyone you know may have been injured due to mistreatment or negligence by a medical professional be sure to contact a medical malpractice attorney today.

The Connecticut Supreme Court recently upheld a $12 million jury verdict in a heartbreaking medical malpractice case that had dragged on for years reports the New Haven Register.

Michelle DiLieto suffered from repeated medical professional errors over a period of several years. In 1995 she was misdiagnosed with cancer after seeing Dr. Scott Casper to treat menstrual bleeding and cramps. A second test performed by the doctor indicated that the cancer may not have existed, but Casper did not follow up. Dr. Casper then removed DiLieto’s reproductive organs to prepare her for lymph node surgery for the nonexistent cancer.

The lymph node surgery was supposed to have been performed by Dr. Peter Schwartz. Instead, however, unknown to Michelle, it was actually conducted by a first year fellow, Dr. Babk Edraki, who had never before performed the surgery alone. This all happened even though the hospital had a specific policy that first year fellows were not to perform surgery without more experienced supervision. Dr. Edraki ultimately botched the surgery, making incisions too deep, causing nerve damage, and leaving Michelle with sharp unrelenting pain.

In the middle of the lymph node procedure the doctors finally discovered that no cancer existed. They stopped the surgery at that point, but did not tell Ms. DiLieto the truth about the repeated errors. Instead, they simply told her that the surgery was successful and the cancer had been removed. Even more than that, the doctors told Michelle that she could not have estrogen therapy to help deal with her unrelenting pain because it may result in recurrence of cancer.

The shocking story is an example of how medical professionals often commit several different acts of medical malpractice with a single patient. In order to cover their first acts of substandard care, the doctors were willing to lie and provide further inadequate treatment for their suffering patient. Michelle was the victim of false diagnosis, misread medical reports, and outright deception.

These types of medical error are all too common at hospitals and other healthcare facilities across the country. They highlight the importance of seeking second, independent medical opinions when you are unsure of a doctor’s first assessment. It also emphasizes the importance of contacting a medical malpractice attorney to hold substandard doctors responsible for their errors. Our Chicago medical malpractice lawyers at Levin & Perconti have won hundreds of millions of dollars for clients, many of whom suffered from the same inadequate care as Michelle. Be sure to consider their services if you suspect that you may have been a victim of similar negligence medical care.

Earlier this week Dr. Stephen Schneider and his wife, nurse Linda Schneider were found guilty of illegally prescribing painkillers to patients, reports Over the Line News. The verdict marks the culmination of this high profile case, where the medical error is said to have caused the death of 68 patients.

The Schneiders had run what is known as a “pill mill,” illegally prescribing huge amounts of potent painkillers with little to no regard for the safety of patients. Time Magazine explains that the guilty medical professionals continually dispensed opiods in too many circumstances and too large amounts. Opiods include drugs like oxycodone and fentanyl and are well-known as addictive substances that all too often lead to overdose deaths. All doctors know that they need be prescribed with the utmost care and with clear warning to patients.

Money was the motivating factor for the Schneiders, as their medical decisions were based more on the cash they could earn by prescribing the pills than the safety of the patients who asked for them. Dr. Schneider became known the “The Candyman” as he developed a reputation for doling out the dangerous medications to whoever would pay.

Medication errors such as the deadly example here are just one form of medical malpractice. Failure to provide the proper type and dosage of medication is a common and deadly form of medical negligence. Pharmaceutical medication error also occurs when doctors and other medical professionals fail to educate patients on the proper use and safety risks of the medication they prescribe.

Our Chicago medical malpractice lawyers at Levin & Perconti have decades of experience fighting for victims of medication error. Any time you seek medical help, you have a right to receive fair, accurate, and professional care and information from doctors, nurses, and all medical staff members. Whenever that care falls below the reasonable standard to which you are entitled, be sure to contact a contact an attorney to ensure your rights are protected.

The Courthouse News Service reports that the complicated medical malpractice saga of Dr. Mark S. Weinberger continued this week as the 7th Circuit ruled on an issue in his Chicago area medical malpractice case.

Dr. Weinberger is charged with an astounding 350 claims of medical malpractice and billing fraud. He had operated an ear, nose, and throat practice in Merrillville, Indiana before fleeing to Greece to escape responsibility for his malpractice and criminal fraud. Fortunately, in 2009 an international warrant led to his arrest in Italy. He was extradited back to the United States to face the consequences of his abuse shortly after.

However, in order to avoid paying the victims of Dr. Weinberger’s actions, his insurance company, Medical Assurance Co., is arguing that Dr. Weinberger’s attempt to evade arrest resulted in a breach of the “cooperation clause” in his insurance contract, voiding the insurance coverage. In other words, the insurance company is claiming they no longer have to defend the doctor’s actions or pay the victims of his abuse, even though he maintained medical malpractice insurance with the company throughout the time of his 350 abuse claims.

This week, the 7th Circuit overruled a District Court decision that temporarily halted the case involving the alleged cooperation clause violation. Instead, the court ruled that the District Court should continue hearing the Medical Assurance Co. argument and decide whether or not the insurance company is actually responsible for paying the victims of the medical malpractice.

As the complicated issues in this case make clear, negligent doctors and insurance companies are often willing to pull out all the stops to avoid compensating the victims of their abuse. It is for that reason that anyone who may have suffered at the hands of doctor error should contact a medical malpractice lawyer immediately. The attorneys at Levin & Perconti have decades of experience battling big insurance companies like Medical Assurance Co. You cannot afford to fight for your medical rights against large insurance companies without the guidance of the experienced, successful medical malpractice attorneys on your side.

In a step hailed by all concerned with patient rights and proper medical care, the Accreditation Council for Graduate Medical Education has proposed new rules to guide work during the residency phase of doctor training. According to The Wall Street Journal, the changes are being fueled by research indicating that the current work hours and oversight methods for new doctors may be the leading cause of all preventable medical errors.

After graduating from medical schools, new doctors generally enter into a residency, a multi-year training period before officially entering into practice independently. This period can last anywhere from three to seven years. Residencies are notoriously rigorous, with young doctors forced to work 80 hours a week. In addition, these young medical professionals are also forced to work 24 hours straight a few days each week - those all-night shifts involve no sleep and only a few breaks.

Obviously, these strenuous work hours ultimately have ill effect on the patient care provided by these doctors. Fatigued medical residents are often harming patients with errors that could have been prevented. A 2004 study found that first year residents working overnight shifts were responsible for over half of the mistakes in treatment leading to deadly effects on patients.

To begin curbing these errors, the new guidelines would limit first year residents to no more than 16 hours of work a day. Also, supervising doctors would be required to maintain closer contact to these new residents, providing additional oversight of all decisions and ensuring that these new doctors are not making mistakes that could be prevented.

Workers in any profession may have the quality of their work affected by sleeplessness. However, in the medical context, the quality of the care has life and death consequences. Unlike other professions, many medical mistakes can never be undone. It is for that reason that our Chicago medical malpractice attorneys at Levin & Perconti applaud these efforts to ensure that the care provided to patients across the country is as responsible as possible. Time and again our attorneys have represented clients victimized by healthcare provider error caused by inexperienced medical residents. In one case, we won a $6.7 million verdict against a hospital who allowed an inexperienced resident to botch a breached delivery resulting in severe injury.

As encouraging as the rule changes may be, however, it is clear that these changes alone are insufficient to solve all of the current problems of doctor error. All residents besides those in their first year will continue to work more than 24 hours continuously. Dr. Sidney Wolfe, a patient’s rights advocate confessed that “it makes no sense at all” to recognize that working an entire day without rest is harmful to medical care, but then continue to allow some doctors to do so. While the new regulations may be a step in the right direction, many more steps need to be taken before the quality of medical care reaches the highest level possible.

If you have any suspicion that you or someone you know was harmed due to inadequate care by a medical professional, be sure to get in touch with a medical malpractice lawyer to understand how you can best vindicate your rights.

A new study reported in The Wall Street Journal recently found that common measures used by hospitals to prevent post-surgical infection may not be as effective as often thought. Most hospitals currently use a checklist approach to ensure patient safety during surgery. The World Health Organization developed a list of various procedures to be followed before, during, and after all procedures. Medical professionals typically ensure that each of those items is completed in every operation.

In particular, six of those measures are aimed at preventing infections following surgery. They include, for example, administering the proper antibiotic within an hour following the operation and appropriately completing the hair removal process after finishing the procedure.

However, the study found that there was no correlation between the six checklist items and lowered infection rates. In other words, the study puts into question the effectiveness of those measures.

Surgery always contains some risk. But as this research indicates, the common checklist procedures medical professionals use to prevent complications are often ineffective. All patients deserve medical care that best protects them from further harm following surgery. Doctors who fail to take all appropriate steps to limit those complications may be guilty of medical malpractice.

Our Illinois medical malpractice lawyers at Levin & Perconti have extensive experience representing patients harmed by medical errors, like preventative infections following surgery. If you or someone you know has suffered a similar surgical complication that may have been caused by surgical error be sure to consult a medical malpractice lawyer to help fight for your rights.

Click Here to read more about the study.

A new study in Business Week reports than over half of pediatricians admit to making false diagnosis, missing diagnosis, or delaying diagnosis once or twice in the past month alone. Pediatric trainees are even more susceptible to error, with over 77 percent of them making diagnostic mistakes in the last thirty days.

Even more startling is that over half of those doctors admitted that their missed diagnosis or incorrect diagnosis resulted in direct harm to the patient. Because of that it should not be surprising that virtually one out of every three medical malpractice lawsuits stems from a doctor’s inaccurate or failed diagnosis.

These diagnostic errors have various causes, but the report indicated that the most common include a doctor’s failure to properly gather a patient’s medical or exam history, errors on medical charts, and failure to follow up on abnormal test results.

A member of the American Academy of Pediatrics committee on Quality Improvement and Management admitted that these diagnostic errors were “rampant in health care.” He went on to explain that our “systems in health care are set up in an antiquated way that allows for flaws to easily occur.” The sad reality is that life and death often hang in the balance of these medical decisions.

When patients and their families seek medical care they deserve to receive timely and accurate assessments of their condition from medical experts. However, as this report makes clear, all too frequently those patients are victims of diagnostic errors often having severe medical consequences.

To guard against these errors, be sure to contact a medical malpractice lawyer if you suspect that you or someone you know has been affected by a failure to diagnose, delayed diagnosis, or wrong diagnosis. In Illinois, our Chicago medical malpractice attorneys at Levin & Perconti continue to deal with these errors in diagnoses. One of many successful battles was a record $14 million verdict against a doctor who ignored x-ray results leading to a delayed diagnosis of lung cancer.

To read more about the report on the prevalence of diagnostic errors, Click Here.

The widow of a 40 year old man is suing a doctor who failed to diagnose her husband’s previous allergic reaction to bee stings, according to New Jersey News. In July of 2005 the man was rushed to the emergency room by a neighbor after collapsing and foaming at the mouth while mowing his grass. The neighbor noticed a swarm of bees near the man. He told emergency room staff about the bees and the likelihood that they caused the man’s allergic reaction. The doctor failed to look into the neighbor’s warning, however, and ruled the injury to be heatstroke. Only a month later in August of 2005, the same man had another severe allergic reaction while mowing his grass. He died before making it to the hospital, with doctors finding over 30 stings on his body.

The medical malpractice lawsuit filed by the victim's widow seeks over $1.5 million dollars for future earnings, pain and suffering, and other losses suffered due to the medical error.

Of course, if the doctor who provided initial treatment in July had properly informed the family of the cause of the reaction, they may have been able to prevent the tragedy of the second allergic attack. This is a classic example of “missed diagnosis” or "failure to diagnose." Medical professionals have an obligation to the patients and their families to provide accurate information so that proper preventative treatment and risk-reduction steps can be taken.

The Chicago medical malpractice lawyers at Levin & Perconti are experienced at fighting for the victims of missed diagnosis and their families. They have won numerous multi-million dollar awards for families who suffered at the hands of a missed diagnosis. They have also represented victims of delayed diagnosis, when doctors wait too long before informing patient’s of their situation. Victims of both missed and delayed diagnosis deserve compensation for their losses . Anyone who may have been a victim of these medical errors should consult a medical malpractice attorney immediately to better understand their rights.

According to the Madison and St. Clair County Record a woman has filed a lawsuit claiming that her physician failed to inform her of a mass on her kidney which was later diagnosed as being cancerous. Dr. Brad Ringhofer of Swansea served as the victim's primary care physician from June 9, 2006, through August 31, 2009. During that time period, Cordes underwent a CT scan of her abdomen and pelvis at Memorial Hospital in Belleville, Illinois. The lawsuit alleges that the doctor failed to inform the victim her CT results which indicated a right rental cystic lesion. The lawsuit also claims that the negligent doctor failed to administer an ultrasound as a follow-up precaution.

A year later in 2007, the victim had another CT scan of her abdomen and pelvis and once again the scan should have received further evaluation but the doctor failed to follow-up again. Soon after, the victim sought consultation from another physician who diagnosed her with renal cancer. On October 15, her right kidney was removed.

Cordes alleges medical malpractice against Ringhofer because of his failure to inform her of CT results and the physician's failure to order follow-up examinations. Cordes seeks a judgment of more than $75,000.

A delayed diagnoss can have devastating effects on a patient because it can postpone treatment of a medical condition. In many instances, medical conditions can be treated more effectively if they are caught and addressed in their early stages. When conditions are allowed to progress, they can worsen and spread, making them harder to treat. In this victim's case, her kidney may have been salvaged if her original doctor had recognized and addressed the early signs of renal cancer.

Failure to treat a medical condition in a timely manner is a common medical malpractice claim. If a doctor or a healthcare provider delays either your diagnosis or your treatment, he or she is putting your health at serious risk. If you believe that your healthcare provider has committed a medical error by delaying your treatment, please consult a Chicago medical malpractice attorney.

A recent study by the Center for Disease Control (CDC) found that ambulatory surgical centers failed to prevent hospital-borne infections in 46 of the 68 surgical centers that the study examined. Researchers reported lapses in infection control in hand hygiene, injection safety, medication and handling, equipment reprocessing, environmental cleaning, and handling of blood sugar monitoring equipment. The study found that 28% of the facilities used medications in single-dose vials for multiple patients and that 32% of the facilities performing blood glucose testing did not clean and disinfect the blood glucose meters after each use. Additionally, the study found that 6% of the facilities reused items that were packaged and labeled as single-use devices and 21% of the facilities used a single lancing penlet device for multiple patients in blood glucose testing.

Ambulatory surgical centers operate exclusively to provide surgical services to patients who do not require hospitalizations or admission lasting longer than 24 hours. Between 2001 and 2008, researchers found that there was a 50% increase in the number of Medicare certified ambulatory surgical centers in the United States. During that same period of time, researchers also found a significant rise in problems relating to hygiene and safety health procedures at the Centers.

Hospital-borne infections are a serious problem facing hospitals. When a patient suffers further injury or death because of a hospital’s failure to prevent infections, hospitals may be held liable. Hospitals can prevent infections among patients by making sure that both the hospital staff and visitors regularly clean their hands with an alcohol-based hand cleaner. Hospitals should also make sure that if a patient needs an IV that it is inserted and removed under clean conditions and changed every three to four days.

For more information about the Center for Disease Control study, visit WebMD.

If you believe that you or a loved one has been the victim of a healthcare provider error, such as an infection that could have been prevented, please consult our Chicago medical malpractice attorneys to discuss your possible claim.

Northern Trust Company v. Burandt and Ambrust, LLP, No. 2-08-0193 (5-26-10) found that infection-causation defense that preexisting strep bacterial infection caused infant's injuries at time of birth should have been admitted, as this defense meets the general-acceptance Frye standard. This case will impact Illinois medical malpractice law.

Business Week reports on a recent study in the Journal of the American Medical Association that found that admissions to long-term acute care hospitals are on the rise. However, 50% of patients admitted to these facilities do not live for more than a year. The American Hospital Association defines a long-term acute care hospital as a facility that provides long-term medical and rehabilitative care to those with acute or chronic illnesses. Often, these people are too sick for nursing homes, yet not benefitting from traditional hospital care. From 1997-2006, the number of acute care hospitals doubled and with this increase the number of Medicare patients admitted tripled. These increases are due, in part, to the population aging and also to new advances in care that keep patients alive for longer periods of time. However, outcomes for these patients are still poor and therefore new approaches are still needed to combat the high rate of death among these patients.

As the number of long-term care hospitals increase, so does the incidence of medical malpractice in these facilities. Due to their limited mobility, many patients develop pressure sores, and infection is also an issue. Several months ago, the New York Times drew attention to the fact that these hospitals face little scrutiny in spite of many violations. The article found that many of these hospitals do not have full-time doctors on staff and on nights and weekends must call outside physicians in an emergency. As a result, many of these facilities are faced with lawsuits aimed at compensating victims and correcting the system.

The Acute Long-Term Care Hospital Organization website lists ten long-term care hospitals in Illinois.

-Greater Peoria Specialty Hospital
-Kindred Hospital - Chicago – Lakeshore
-Kindred Hospital - Chicago - North Campus
-Kindred Hospital - Chicago – Northlake
-Kindred Hospital - Chicago Central
-Kindred Hospital – Sycamore
-Advocate Bethany Hospital
-Holy Family Medical Center
-Marianjoy Rehab Hospital
-RML Specialty Hospital

To learn more about the most recent study on long-term care hospitals, follow the link.

According to a recent report by ABC News, researchers at the University of California at San Diego have found that the rate of medication errors increase in July at teaching hospitals throughout the country. This spike coincides with the arrival of new medical residents who are just beginning their clinical training. The “July Effect” has always been talked about, but the new study links a 10 % increase in medication errors with these changes in personnel.

An experienced physician cited in the article was not surprised by the study’s findings. He attributes these often-fatal medical malpractice mistakes to the fact that residents are inexperienced in caring for patients and are in the process of trying to learn a new system and new set of procedures. Many medical residents are adjusting to longer shifts and face sleep-deprivation. A Boston Globe article from October 2009 linked less sleep to more complications and noted that the rate of complications when a doctor had less than six hours of sleep was 2.8% higher than when a doctor had more than 6 hours of sleep before a procedure. A Mayo Clinic study in the September 23, 2009 Journal of the American Medical Association mirrored these results, noting that residents who were sleep-deprived were more likely to perform a medical error.

In order to avoid the “July Effect” hospitals and residency program directors must raise awareness surrounding the issues of medical and medication errors and work with residents to prevent them from happening. Program directors should stress the importance of having new residents ask senior residents or attendings for help if there is an issue they are unsure of. Programs should also work with new residents to help them manage their sleep and new workload. The ABC article also notes the implementation of new software that checks for prescription errors may help to quell the July Effect in teaching hospitals.

To read more about the new study on medication errors follow the link.

AP News is reporting a quite bizarre medical malpractice story. A man received a transplanted kidney from a woman who had uterine cancer and was unaware of it. He was not told that there was cancer within the kidney until almost two months after the transplant. The man decided to keep the kidney after his doctor advised him that there was only a slim chance that he could be sickened by the feminine cancer. His lawyer stated that this advice is what caused the man to lose his life. The man had previously been on three-times-a-week dialysis and had been awaiting a kidney for about five years.

The medical malpractice case has gone to trial and the plaintiff is arguing that the doctor took a huge risk with the victim’s life. Though the post-op tests found nothing, the victim suffered back pain and ultimately had the kidney removed six months after the transplant. The victim died about three weeks later of the cancer that came from his donor. The widow of the victim is seeking more than $3 million in damages in her medical malpractice lawsuit against the hospital. This transplant error trial is currently being conducted.

Statistics show that around 23 out of 28,000 transplants in 2007 were judged to have some sort of cancer, HIV, tuberculosis or another disease. Twelve of these patients did die. While donors are always screened for various diseases, those with active cancers are generally eliminated from consideration. However, some are not detected in the very short time from in which transplants are conducted. It is heartbreaking to hear that some people receive what are supposed to be life-saving transplants and instead become victims of different diseases. Transplant teams must be extremely careful to ensure that every organ transplanted is free from diseases. To read more about this transplant error, please click the link.

The Herald Online is reporting that a jury has found that both a hospital and the doctor were medically negligent in the wrongful death of a patient. The jury awarded the medical malpractice victim a $3 million verdict and ruled that the hospital bore the bulk of the responsibility. The jury did believe that the patient’s husband was partly negligent in his actions. The patient’s initially sued the hospital and doctor after his wife died. after she had gone to the emergency room at the hospital with both stomach and lower back pain and the doctors diagnosed her with a kidney stone. The medical malpractice victim stayed at the hospital for about four hours until the doctors sent her home. They had given her a prescription for pain medication and an appointment in two days.

The victim endured a seizure and went into septic shock before she was ever able to make it to her appointment. She died approximately 48 hours after she left the hospital. Her husband's malpractice attorneys argued that the hospital committed medical error in the victim’s treatment. The hospital did not follow the nationally recognized standards of care that are in place to ensure patient safety. The hospital did not run all of the necessary tests, nor did they take the victim’s temperature into account. It is imperative that hospitals perform all necessary tests in order to make an accurate diagnosis. This hospital had specific guidelines stating that patients must have their vital signs checked at the minimum of twice during an emergency room visit.

Additionally, it is important to note that a fever is a key sign of a problem when diagnosing kidney stones. A medical expert testified that if a patient with kidney stones presents a fever, the doctors should treat it as a medical emergency. Failure to properly diagnose is a common medical mistake that can be avoided if doctors carefully check a patient's vital signs. To learn more about this medical mistake, please check out the link.