July 31, 2010

Family Awarded $56 Million Medical Malpractice Award

The Chappaqua-MountKisco Dispatch recently wrote about the latest development in an eye-popping medical malpractice case resulting in a record setting verdict last year.

The Swanson family was awarded $56 million from a medical malpractice jury verdict late last year. The case stemmed from the medical errors that occurred at the Northern Westchester Hospital during the 2003 birth of their son. The couple filed the suit against the hospital and several staff members at the facility including their obstetrician, Dr. Carla Eng-Kohn.

The problems began when the medical staff discovered that the delivery involved shoulder dystocia. Shoulder dystocia is a condition that arises when an unborn child’s shoulders become trapped against the mother’s public bones. The condition does not automatically result in injury to the child so long as medical professionals acting in a timely and appropriate manner.

However, the medical staff at the hospital in this case failed to relieve the dysocia in a timely manner. As a result the baby was delivered with brain damage, nerve damage, internal bleeding, cervical bruising, facial bruising, and arm bruising.

Unfortunately, medical errors during childbirth are a common occurrence at many hospitals. The results of the errors are often catastrophic, leading to lifelong injuries and at times, death. Our Chicago medical malpractice lawyers at Levin & Perconti have fought many legal battles for victims of hospital error during childbirth. For example, in one case we secured a $6.7 million verdict in a case where an inexperienced medical resident performed a vaginal delivery on a breeched baby. The result was, as in this case, was shoulder dystocia leading to a crippling arm injury on the infant.

With so much on the line during childbirth, medical professionals must ensure that they do not commit preventable errors. Please contact our office if you may have been the victim of negligent care during child birth.

July 30, 2010

Doctor Operates on Wrong Finger During Surgery

A state medical board reprimanded a doctor last week for medical error following a revelation that he operated on the incorrect body part of a patient during an operation at the Rhode Island Hospital.

The Providence Journal reported that the patient had degenerative joint disease in both hands. He had been under the care of orthopedic surgeon Dr. Edward Akelman for five years before the 2009 surgical mistake performed by the doctor. Dr. Akelman was made aware of his mistake while the patient was still unconscious in the middle of the procedure and subsequently performed the correct operation before the patient woke.

An investigation into the error by the state health department discovered that the correct hand had been marked as the surgical site, but there was no marking indicating what fingers needed to be operated upon. Hospital protocols required the specific fingers be marked to avoid just the error that occurred here.

Further investigation showed that two separate finger operations were planned each with its own surgical protocols that needed to be followed. But the medical team treated the two operations as one single procedure. As a result, the team cut corners and skipped necessary steps that are usually required for each unique operation. As so often happens when medical professionals sacrifice care for speed, the mistake was made.

The most fundamental aspect of any surgical procedure is operating on the correct part of the body. Amazingly, wrong-site surgeries occur frequently during all sorts of operations. In fact, the same hospital where this error occurred had made five other wrong-site mistakes in the last three years.

If medical professionals are capable of making surgical mistakes of even that fundamental nature, it is clear that more nuanced errors occur every day at hospitals across the country. Our Chicago medical malpractice lawyers at Levin & Perconti are committed to fighting for the rights of those injured by medical errors that should have been prevented.

July 29, 2010

Female Patients Susceptible to Failure to Diagnose Heart Problems

KTBS.com recently reported on the prevalence and consequences of medical error involving misdiagnosis of cardiac problems in female patients.

As the report indicated, a misdiagnosis can occur in several forms: diagnosing the patient with the wrong condition, failing to diagnose anything at all (missed diagnosis), or delaying diagnosis and allowing complications to develop.

One of the most deadly forms of misdiagnosis involves heart health. A recent study discussed in the article points to the fact that doctors are much more likely to miss critical heart problem warning signs in female patients than in male patients

The study involved over 300 doctors who examined test medical records, one of a female patient and one of a male patient. Each patient showed the same symptoms. The doctors’ hypothetical diagnosis and treatment revealed the gender bias. The male test patient was diagnosed with heart problems more than thirty percent more frequently than the woman in the sample.

The prevalence of misdiagnoses is widespread, with many people never realizing that they have been victims. The National Patient Safety Foundation reports that nearly one in six people have been misdiagnosed at some point in their medical history. In particular, women under the age of 55 are seven times more likely to be misdiagnosed and sent home from the hospital. Once sent home, the chance of dying from heart complications increase by fifty percent.

For that reason, our Chicago medical malpractice lawyers at Levin & Perconti continue to encourage anyone who suspects they may have suffered because of this medical error to contact our representatives. Many healthcare provider errors are never fully uncovered until lawyers begin investigating circumstances to better understand the causes of certain medical problems.

July 28, 2010

Trial Begins In Medical Malpractice Case

The Aspen Daily News is reporting on a medical malpractice case that is underway involving a well-known local surgeon. The defendant, one of only two general surgeons in the area, Dr. William Rodman, is charged with providing negligent medical care to Dan Bopeley in 2006.

Mr. Bopeley was treated by Dr. Rodman for a blot clot in his leg. As part of the procedure, Dr. Rodman inserted a filter into his vein. However, Bopeley claims that the filter did not operate correctly. Instead of catching clots and preventing them from traveling to his heart, as it was intended to do, the filter itself failed to deploy properly causing severe damage.

The suit alleges that Dr. Rodman was negligent in both picking the filter to use on Mr. Bopeley and actually inserting it into his body. After the first filter problems, Mr. Bopeley sought a different doctor who inserted another filter without any complication.

Filters are common medical devices typically used as in this case to prevent blot clots from traveling to other parts of the body and causing medical complications. However, as with any medical device, if it is not selected properly and inserted into the body appropriately, it may cause severe complications. Medical devices of all kinds are crucial components to many health care plans. However, patients always deserve to be provided proper care when using these devices. When doctor error leads to problems, patients deserve compensation for the harm and suffering at the hands of medical device error.

Our Chicago medical malpractice attorneys at Levin & Perconti have experienced many legal situations involving medical devices that do more harm than good. From pacemakers and filters to catheters and stents, no device inserted into a patient’s body should make the patient’s health worse than before. If you suspect you or someone you know may have been the victim of similar medical negligence, please take steps to ensure rights are vindicated.

July 27, 2010

ITLA President Explains Need for Legal Rights for Injured Patients

On July 24th the Chicago Tribune published a letter from Illinois Trial Lawyers Association President Todd A. Smith that forcefully repudiated a July 9th editorial in the newspaper. The newspaper editorial had criticized an Illinois Supreme Court decision that struck down a law capping damages to medical malpractice victims. Mr. Smith made clear that the insurance reform was the only logical remedy to the insurance problem in the state.

Mr. Smith pointed out that the “crisis” of doctors fleeing the state because of skyrocketing insurance rates supposedly caused by medical malpractice verdicts of does not hold up when examining actual doctor retention stats. According to the American Medical Association, the numbers of doctors in Illinois has remained virtually static since 1945. The 2005 damages cap that was temporarily in place in Illinois had no effect on doctor retention.

In addition, the example of other states makes clear that insurance reform is the true remedy for problems of increased insurance premiums. In 1976 California did not see its medical malpractice premiums decrease in 1976 when an arbitrary damages cap was issued. But the premiums did drop when specific insurance reform was put into place in 1988.

Specifically, what is needed in Illinois is insurance reform that requires these large insurance companies to provide more open information on rate-setting and payout. The effect would be increased competition and ultimately lower premiums for doctors.

Our Chicago medical malpractice attorneys at Levin & Perconti have witnessed the devastation of entire families by negligent and at times abusive conduct at the hands of substandard medical care. Imposing random and often inadequate limits on damage verdicts would only weaken protections for injured patients suffering from doctor error without any noticeable change in the real issue: skyrocketing insurance rates.

Please Click Here to read the entire letter to the editor.

July 26, 2010

Jury Finds Surgeon Negligent in Medical Malpractice Case

A Rhode Island jury recently awarded slightly less than $1 million to a woman plagued by the consequences of negligent medical treatment. The Providence Journal reported on the decision reached last week which returned a medical malpractice verdict against podiatric surgeon James McCormick.

The victim, Christ B. Durant, receive an operation on her big toe at Dr. McCormick’s facility in June 2005. The doctor’s negligence during the operation had severe consequences for Ms. Durant, resulting in intense pain and the need for additional surgery to correct the medical error.

Besides the errors during the procedure, the medical malpractice lawsuit also challenged Dr. McCormick’s failure to obtain informed consent on Ms. Durant before performing the operation. In medical situations, doctors are typically required to obtain the consent of their patients before performing certain procedures. However, to protect patients’ rights, doctors are further required to ensure that the consent that obtained is “informed.” Informed consent can only be given when the doctor properly makes the patient aware of the risks and potential consequences of any procedure. That way, the patient is able to fairly weigh her options before allowing the doctor to proceed.

The informed consent requirement is a logical, necessary step to ensure that medical patients receive the care to which they are entitled. That is especially true in surgical cases, as all patients deserve to be made aware of potential risks before allowing a doctor to perform the invasive, potentially deadly medical actions.

Our medical malpractice lawyers at Levin & Perconti understand the importance of proper medical care and informed medical decisions. All patients deserve that minimum level of care, and have the right to seek compensation when they receive less than that standard. Please contact our offices to learn more about your options if you or someone you know suffered similar negligent medical care.

July 25, 2010

Doctor Sued for Using Improper Medical Device

The Pioneer Press recently reported on a medical malpractice lawsuit involving a nationally-renown doctor who was himself the victim of a medical mistake following treatment to correct a bleeding bladder.

Dr. Noel Mills, a cardiovascular surgeon and medical teacher, was treated by Dr. Bradley Qualey in 2006 after experiencing bleeding in his urine. During the visit, patient Mills explained his medical history and the fact that he had been treated for prostate cancer. The radiation cancer treatments often produce a condition that causes bladder bleeding, which can be stopped a cauterization. However, after performing a cystoscopy, a procedure designed to investigate bladder bleeding, Dr. Qualey determined that Mills need fulguration to stop the bleeding. Fulguration is a procedure where the damaged bladder tissue is destroyed using electricity.

Dr. Qualey ultimate performed the procedure, but during the surgery he expanded a portion of Mills bladder with a medical device known as a “sound.” These devices vary in size and one much too large was used on Mills, causing additional damage to his bladder. As a result, Mills suffered burning in his urethra and pain in his prostate. He has suffered never-ending bladder dysfunction and trouble with recent kidney stones as a result of the medical mistake.

Our Chicago medical malpractice lawyers at Levin & Perconti are skilled in protecting victims of medical device errors. Many medical procedures involve use of complicated equipment and devices that, when improperly used, can have serious consequences on the innocent victim. These devices include little-known object like the “sound” and other more well-known pieces of equipment like pacemakers and catheters. Patients deserve to have these devices used properly and in a safe manner. As this case indicates, even the best doctors in the country sometimes fall victim to medical error and seek representation to protect their rights. If you suspect that you or someone you know suffered due to a malfunctioning device, please contact our offices to learn more about your legal options.

July 24, 2010

Jury Finds Doctor Guilty of Medical Malpractice During Childbirth

A child who suffered brain damage due to negligent medical care during the delivery was awarded $510,000 by a jury this week. Staten Island Live reported on the jury verdict which found Staten Island hospital and the obstetrician Paul Heltzer guilty of medical malpractice.

Marquita Spicer was rushed to the hospital in early April 2006 to give birth to her first child, Xzaviar. The birth proved to be long and difficult. After breaking Ms. Spicer’s water to speed up the labor, doctors also gave her pitocin, a drug used to assist natural contractions.

However, doctors kept Ms. Spicer on the drug for far too long. The result was that contractions continued more vigorously and for longer than necessary, leading to harmful stress on the baby. The stress increased pressure on his brain while lowering the blood and oxygen flow throughout his body. The stresses and flow problems ultimately led to Xzaviar suffering permanent brain damage.

A jury ultimately agreed that Ms. Spicer was on the drug for too long and that a Caesarean section should have been performed in the later stages of the pregnancy to avoid the complications. As a result, Xzaviar now has permanent lesions on his brain, a lower IQ than his similar age counterparts, and fine-motor skill deficiencies.

A permanent injury to babies caused by negligent medical care during deliveries is an all too common problem. Our Chicago medical malpractice attorneys at Levin & Perconti continue to fight for the rights of victims of medical errors during the birthing process. In one case, we negotiated a $2.3 million settlement after a child suffered cerebral palsy because of a doctor’s decision not to perform a timely Caesarean section when it became clear that it was necessary. If you or someone you know may have suffered similar negligent medical care during delivery of a child, please contact our offices to learn about the process of vindicating your rights.

July 23, 2010

Patient Safety Day to Raise Awareness of Medical Error

This Sunday July 25th marks “Patient Safety Day” which seeks to remind all those who receive medical treatment to remain vigilant about the care they are provided and active to ensure that they do not fall victim to negligent medical error.

Unknown to many, medical errors and the costs to correct those errors have tripled in recent years. The mistakes come in a variety of forms, from surgeries conducted on the wrong part of the body to infections caused by unsterile equipment and unclean medical staff. In all cases, however, the injury to the patient and the resulting complications are entirely avoidable. According to the Institute of Medicine, over 271,000 people died last year due to medical error. On top of that, almost $66 billion is spent on medical care each year to correct the complications that were caused by medical error in the first place.

Patient Safety Day seeks to raise awareness of this prevalent problem and encourage all patients to push for open and fair changes in hospital protocol. For example, the rates of hospital-caused infections and medical errors should be reported in each state so that consumers are properly educated when making medical choices.

Our Chicago medical malpractice lawyers at Levin & Perconti have long been advocates for patients remaining active participants in their medical care. Medical professionals make decisions every day in which life and death literally hangs in the balance. When mistakes are made, the healthcare providers need to be sure to accept the error and compensate the victims. Only then, when information is openly and honestly shared, can patients begin to make the most informed healthcare choices. And only when hospitals are held accountable for their errors will they be sure to implement changes so that no future patients suffer from the same mistakes again and again.

Please Click Here to read more about Patient Safety Day.

July 22, 2010

Illinois Doctor's Failure to Diagnose Leads to Skin Cancer Death

A trial began this week in southern Illinois involving a long-lasting medical malpractice lawsuit stemming from a doctor’s failure to diagnose skin cancer. The Madison-St. Clair Record is reporting on the trial which was originally filed in 2003 by Maria Storm and her husband against Dr. Patrick Zimmerman.

Ms. Storm visited Dr. Zimmerman in 2003 to have a lesion removed from her back in 1999. After removing the lesion, Dr. Zimmerman told Ms. Storm that her problem was all resolved and that she had nothing else to worry about. Four years later, however, it became clear that Maria did in fact have something to worry about. A different doctor discovered that Maria actually had skin cancer.

Upon learning of the cancer, Maria and her husband filed suit against Dr. Zimmerman for his failure to diagnose the skin cancer during her earlier visits with the doctor. Unfortunately, Maria endured two years of treatment only to succumb to the skin cancer in 2005, before the trial could officially begin.

Failure to diagnose is a serious issue with many patients. Even slight delays in catching medical problems can be the difference between life and death. Maria’s chances of beating her skin cancer would have been much higher if only Dr. Zimmerman had caught it four years earlier. Our Chicago medical malpractice attorneys at Levin & Perconti have fought legal battles exactly like this one. In one case, we won a record $14 million verdict against a doctor who misread x-rays leading to a failure to diagnose lung cancer. Our lawyers understand that when a patient visits a doctor, they deserve a certain standard of care to be provided, including the diagnoses of potentially life-threatening medical problems. Patients rely on their heath care provider’s expert medical advice, and they suffer the consequences of those medical mistakes.

Contact an experienced, reliable medical malpractice lawyer if you or someone you know was a similar victim of an expert’s failure to diagnose a serious medical problem.

July 21, 2010

Examining Doctor Notes May Prevent Medical Error

The Washington Post reported on a new study is about to begin which will test the value of patient review of doctor notes. The new project will give a limited number of patients electronic copies of their medical chart and the handwritten notes made by their doctor following each visit. The goal of the study is to determine if patients actually look closely at this information and to understand how it may affect the quality of care.

The most novel component of this “OpenNotes” project is the fact that for the first time ever it will allow many patients access to their doctor’s handwritten notes, which often indicate the medical professionals’ thought process as he or she considers various different diagnoses.

One potential benefit of the note sharing may be that it helps limit doctor error. In one case where the notes were already being shared, the patient noticed that tests that the doctor told her should be ordered were in fact not listed in the notes. It turned out that she was correct and the doctor had failed to order the appropriate procedures. The patients’ diligent review of her doctor’s material had potentially saved a preventable medical mistake.

With so much upside, it’s a wonder why more patients had not already reviewed their doctor’s notes. After all, all states give patients a legal right to obtain access to their own medical records. However, researchers indicate that most patients have never been aware of their ability to look at the notes and, even if they were, hospitals often charge as much as 75 cents for each page of record. The easy, free, and immediate access to the records which will be given in this study is intended to bridge those barriers.

Our Chicago medical malpractice attorneys at Levin & Perconti understand the close eye all patients should give to the medical care that they are provided. We have represented dozens of clients who were left in the dark about the care provided by their negligent doctors, leaving them little options to ask more probing questions about the care they were being given. Each patient should scrutinize their medical care and be sure to seek representation when that care has fallen below the standard to which they are entitled.

Please Click Here to read more about the “OpenNotes” study.

July 20, 2010

Many Doctors Misdiagnose and Mistreat Breast Cancer

The New York Times recently profiled a Michigan woman who endured a partial breast removal, weeks of radiation treatment, continuous drug therapy, and the intense psychological strain of a cancer diagnosis only to discover that she never actually had cancer at all.

Monica Long was a middle-aged registered nurse when a pathologist in her a nearby hospital, Dr. Linh Vi, diagnosed her with ductal carcinoma in situ (D.C.I.S.). Like millions of others, Ms. Long received the diagnosis by the pathologist in her community hospital after irregularities discovered in her yearly mammogram. Dr. Linh ran the pathology department at that community hospital and made the diagnosis even though he was not board certified in pathology at the time.

Following a move to Illinois (and after the surgery and years of treatment), Ms. Long continued her cancer treatment with a new physician. However, the new medical care providers soon discovered something unique about Ms. Long situation. After reviewing the pathology report, the new doctors discovered no evidence of D.C.I.S. at all. Ms. Long never had the cancer in the first place. The breast removal, other treatments, and intense fear that go along with a cancer diagnosis had all been unnecessary.

Unfortunately, Ms. Long’s ordeal is far from a rare occurrence. Since the use of regular mammograms in the 1980s, the number of D.C.I.S. diagnoses in American woman has skyrocketed over 800%. However, a new study by the Susan G. Komen for the Cure organization discovered that the diagnoses are fraught with error. The study estimates that nearly 90,000 woman have received an erroneous breast cancer diagnosis or treatment plan. Similarly, a pathologist who reviews slides for women who seek second opinions in breast cancer diagnoses has discovered that cases like D.C.I.S. may be misdiagnosed up to 20% of the time.

For many women the error of misdiagnosis of breast cancer is compounded by treatment options that are often much more aggressive than necessary. For example, even though D.C.I.S. is curable in 90% of cases, a full mastectomy (breast removal) is sometimes offered as an option. Among D.C.I.S. patients, the mastectomy rate has nearly tripled since 1998.

Overall, the current situation is one where many women undergo unnecessary and painful procedures due to false diagnosis of breast cancer. The error is then made worse by a tendency to commit to the most aggressive and irreversible treatment options, even though not necessary. These mistakes are harming thousands of women each year, many of whom never fully realize the extent of their doctors’ mistakes. Our Chicago medical malpractice lawyers at Levin & Perconti encourage all women to remain vigilant to any concerns about misdiagnosis or improper treatment. As Ms. Long’s case demonstrates, even someone trained in the field as a registered nurse is unable to fully understand the risk and error the pervades many medical practices when unprepared medical professionals engage in too much speculation. Please contact our professionals if you even suspect that you may have been one of the thousands who have fallen victim to this vicious trap of medical mistake.

Click Here to read the full article and learn more about the current problem of medical error in breast cancer diagnosis.

July 19, 2010

Infighting Among Medical Professionals Harms Patients

A new report examined by Fox Philadelphia has found an alarmingly high rate of disruptive behavior among doctors and nurses at local hospitals. These examples of unprofessional behavior have placed dozens of patients at unnecessary risk.

According to the Pennsylvania Patient Safety Authority, fighting between doctors and nurses has even occurred during surgery. In one case, a surgeon literally stormed out of the room during the operation because of a conflict with an attending nurse. The unaware patient was left lying on the operating table. In other instances, the report found examples of doctors who had personal conflicts with nurses acting out their disagreement by refusing to answer calls from those nurses who had questions about medications and other critical patient care details.

Overall, the report in that state alone found 77 incidents of personal disputes bleeding into the work environment and leading to unnecessary and unacceptable risk to the innocent patients who happened to be caught in the middle. Doctor-Nurse disputes accounted for the vast majority of the incidents, but several cases were found involving disagreements between doctors.

According to the report, hospital hierarchy facilitates temper-tantrums from doctors who are often not used to getting their way. In one case, an impatient doctor refused to wait out the necessary 30 minutes for a topical anesthetic to take effect on a circumcision of an infant. Instead he rushed the procedure on the baby all to save himself a few minutes time.

All work environments occasionally involve personal disagreement between professionals. However, disagreement is never an excuse for performing substandard medical work. That fact is especially true in the medical setting, where life and death literally depend on the careful work and coordinated efforts of several employees together. Our Chicago medical malpractice attorneys at Levin & Perconti understand the delicate nature of many medical procedures. However, all too often we have seen the deadly harm caused by avoidable errors. Personal disagreement can never be allowed to negatively affect that care given at our hospitals.

July 18, 2010

Obstetrician Charged with Medical Malpractice in Baby’s Death

A Connecticut doctor whose practice recently closed was sanctioned by state officials and sued for medical malpractice for his handling of a 2008 delivery that resulted in the death of the infant, reports the Norwich Bulletin.

H. John Bodin was investigated by the Department of Public Health after it was reported he failed to properly monitor the patient in labor, ignoring nurse pleas that the labor was not going as expected. Ultimately, the infant required a Cesarean section birth but suffered a lack of oxygen, resulting in brain hemorrhage and injury. The infant died five weeks after the birth.

The Department of Public Health eventually reached a consent disorder with the doctor, fining him $5,000 for the violation and medical negligence in his handling of the infant’s delivery.

Following the investigation, the infant’s mother filed a wrongful death suit against the doctor for the action. She contends that used an excessive amount of Pitocin in the delivery (a drug to stimulate contractions). The legal complaint also indicates that the doctor failed to recognize signs of fetal distress or to intervene by performing the Cesarean section in a timely manner.

Our medical malpractice attorneys at Levin & Perconti understand the perilous situation of most patients when they seek medical care. We have won numerous multi-million dollar verdicts and settlements on behalf of patients who received substandard care during their delivery. Any deviation from the proper standard of care requires proper compensation for the losses they suffer.

If you or anyone you know may have been victims of similar negligent medical care, be sure to contact a medical malpractice lawyer.

July 17, 2010

Bad Nurses Allowed to Keep Working

The USA Today recently reported on a loophole in the regulatory system of many states that allows nurses convicted of a variety of negligent, abusive, and illegal behavior to continue working long after their conduct is discovered.

The loophole is created by the compact that currently exists between 24 states throughout the country. This ten-year old agreement is intended to allow nurses to move and work in critical areas across the country in need of their skills. Any nurse with a license in one member state is allowed to travel and work in any other.

However, there is no central licensing authority between the 24 states. In that way, the supervision and policing efforts of the entire compact is left to each individual state. Member states simply agree to let in any other member-state nurse without checking their history. That means that nurses with any number of negligent and abusive past actions, like forgotting to report changes in condition, missing tests, and stealing medication and other errors are able to skip out on the consequences and continue practicing nursing by moving to another member state.

Genell Lee, head of Alabama’s nursing board (a non-compact state) suggested that the compact allows one state’s accountability errors to be compounded, harming patients across the country. Records reveal that very few visiting nurses are ever disciplined by other states, with three states reporting only thee such citations in the last decade.

A California study highlights the problem. Officials in that state discovered that 3,500 nurses in the state had disciplinary actions in other states but had retained clean records in California. Current nurse Danya Hickman is an example of the problem. Ms. Hickman moved to California after her Texas license was revoked for giving a patient undiluted vitamin K too quickly, resulting in the patient’s death. She worked for several months in California and currently is a critical-care nurse in Iowa.

The investigation revealed countless other examples of bad nurses allowed to continue to practice in other states, placing patients across the country at risk for medical error. Alma Rice, for example, was able to work in several states for over seven years even after being found a threat to patients. Ultimately she was able to steal drugs from three different hospitals in three different states, collecting felony convictions in each state, before finally being stopped.

Our Chicago medical malpractice attorneys at Levin & Perconti share all medical patients concern about the quality of the care they are provided at hospitals across the country. Medical care is only as good as the individuals who provide it. Unless states adequately monitor the records of those making critical medical decisions, patients will continue to suffer the harm of negligent medical care that could have been prevented.

Click Here to read more about the investigation into bad nurses.

July 16, 2010

Fertility Doctor Charged with Medical Malpractice

Justice News Flash reported last night on a high profile example of medical malpractice. Dr. Michael Kamrava was the California fertility doctor who performed the artificial insemination on Nadya Suleman which resulted Ms. Kuleman giving birth to eight children. The unique nature of the births and interest in the children brought media attention to the doctor as Suleman became known across the nation as “Octomom.”

The Medical Board of California recently accused Dr. Kamrava of medical malpractice both in Suleman’s case and others. In the investigation into the circumstances surrounding Suleman’s octuplets, the Medical Board called Dr. Kamrava guilty of “a pattern of gross negligence” in allowing the process to unfold and for failing to adequately ensure that Suleman was a proper candidate to undergo the procedure. Suleman had six other children before the octuplet births, all of which were conceived through in vitro-fertilization (IVF).

This week the Medical Board filed charged Dr. Kamrava with other negligent acts, where he placed the patient’s safety in jeopardy. For example, Dr. Kamrava inserted seven embryos in a forty-eight year old woman which ultimately resulted in the woman becoming pregnant with quadruplets and placing her in extreme risk of complications. Eventually, the woman lost one child during birth and delivered the other three by Caesarian section with one developing severe brain problems.

In that case, the Medical Board explained that Dr. Kamrava failed to have the patient undergo a mental health evaluation and adequately determine if she was prepared to undergo multi-fetal pregnancy reduction. The standard of practice in the field mandates that those steps be followed.

These patterns make clear that Dr. Kamrava is often motivated more by selling a procedure and making money than ensuring the safety of the patients who seek his treatment. Our Chicago medical malpractice lawyers at Levin & Perconti have dealt with doctors and other medical professionals who had similar priorities. It is never appropriate for a doctor, nurse, aide, or hospital administrator to place the bottom line of the budget ahead of the proper care of those depending on their medical services.

If you suspect any deviation from what is proper care, contact a medical malpractice attorney to share your story and determine if more action is needed.

July 15, 2010

Most Doctors Fail to Report Negligent Colleagues

A new study by the Journal of the American Medical Association and analyzed at MedScape Today reveals that doctors usually fail to report their concerns about incompetent and impaired doctors to appropriate officials.

Most doctors admit that they have a duty to report any time they witness a doctor who for any reason is unable to provide the reasonable level of medical care that a patient deserves. However, the levels of actual reporting on negligent doctors fall far below the level that it should.

The survey which revealed these discouraging results was conducted last year, using a nationwide sample that included cardiologists, general surgeons, pediatricians, psychiatrists, internists, anesthesiologists, and family practitioners. Overall, 64% of respondents agreed that they have a professional obligation to report any fellow doctor who was incompetent or otherwise impaired to perform appropriate medical care.

Yet, one out of three of those doctors admitted that they had been confronted with a situation where they knew a colleague should not be providing care, but decided not to mention anything to anyone.

The medical researcher who conducted the survey mentioned the discouraging and dangerous effect of these failures to report, writing, “All health care professionals, from administrative leaders to those providing clinical care, must understand the urgency of preventing impaired or incompetent colleagues from injuring patients and the need to help these physicians confront and resolve their problems.”

The author admits that as it stands now patients are currently exposed to needless risk. A representative for the Chicago-based Institute for Ethics, American Medical Association admitted that the current system needs to be improved, calling for education, socialization of the problem, and better protection for medical whistle-blowers who risk backlash for confessing the substandard care being provided by institutions.

Our Chicago medical malpractice attorneys at Levin & Perconti are disheartened, but not surprised by these latest survey results. Our legal battles on behalf of medical malpractice victims has revealed that other doctors often allow patients to risk injury from medical error rather than step in and stop incompetent colleagues. That fact makes it all the more necessary for injured patients and their family and friends to contact their own representatives if they have been harmed by a negligent medical professional.

July 14, 2010

Lawsuit Filed Against Dentist for Medical Malpractice

A West Virginia woman has filed a medical malpractice lawsuit against her dentist for the substandard and harmful care he provided two years ago. The West Virginia Record reported yesterday on the suit that Linda Johnson filed against the Charleston Dental Association.

In January 2008, Dr. Ernest N. Pennington (a member of the dental group named in the suit) took impressions of Mrs. Johnson’s mouth. The impressions were preparatory work for a bridge which Mrs. Johnson intended to have placed in her mouth.

However, the material used for the impressions caused severe complications in Mrs. Johnson’s mouth. Her gums were eventually infected because of the material. The infection in turn had negative effects on the newly installed bridge. The bridge did not fit properly, which lead to exposed tooth roots and extreme pain.

The dental malpractice has required Mrs. Johnson to have several teeth removed, painful procedures performed, and other costly work completed. The dentist who performed these corrective measures, Dr. Richard Smith, indicated that the problems he fixed in Mrs. Johnson’s mouth were likely caused by substandard dental care in the bridge procedure.

Many dental patients do not often consider whether the complications from their dental procedures may have been the result of substandard medical care. However, just like any other form of medical malpractice, inadequate, harmful, and negligent dental work is a violation of patients’ expected level of care. Our Chicago medical malpractice attorneys at Levin & Perconti fight for victims of all types of medical malpractice, including those suffering at the hands of negligent dentists. If you may have been one of those victims, please contact representation to ensure you are compensated for your pain.

July 13, 2010

Medical Ignorance and Neglect Cause Thousands of Hospital Infection Deaths

The Washington Post reported today on survey results that indicate thousands of lives could be saved each year if medical professionals paid closer attention to deadly hospital infections.

The Centers for Disease Control and Prevention indicates that each year approximately 80,000 patients develop catheter-related bloodstream infections (CRBSIs). Slightly less than 40% of those victims (about 30,000 total) ultimately die as a result of the infection. CRBSIs are caused by improper use of catheters- which are tubes inserted into the body to allow fluid drainage, access for surgical instruments, and insertion of fluids. The most common catheter errors occur when the nutrients are improperly prepared for the catheter or it is left inside that body for longer than necessary.

With 30,000 patients dying each year due to these infections, you would expect medical professionals to take every step possible to limit CRBSIs. However, studies have indicated that the infections could nearly be eliminated if medical simple followed simple protocols to ensure the proper use of catheters.

Five simple steps are necessary to stamp out the problem;

1. Hand washing with soap
2. Cleaning patient skin with effective antiseptic
3. Covering patient with sterile drapes
4. Wearing sterile mask, hat, and gloves
5. Using sterile dressing over catheter site

Research consistently indicates that if each of these basic hygiene safety measures is followed, the infections drop drastically. However, medical professionals continually fail to adopt these basic practices in every case, leading to CRBSI-related deaths.

Besides those five steps, research has also indicated that special protocols requiring physicians to weigh the possible benefit of an extra day with the catheter to the potential risks ultimately results in lower CRBSIs. Also, having a response team prepared to deal with any infections quickly has similar effects on limiting the harm from the infections.

Together each of these procedures, as test programs in Michigan hospitals have demonstrated, could save tens of thousands of lives a year. But the majority of hospitals still fail to implement these tested practices.

Instead medical professionals often refuse to pay for the minimal costs of implanting the programs, even though the process actually saves millions of dollars in the long-term. Implementation of these processes typically costs a few thousand dollars to start. However, that pales in comparison to the $30-40,000 price tag to treat each new case of CRBSI.

Besides the skewed financial concern, experts indicate the other main impediment to these life-saving techniques is simply a lack of commitment to the process of behalf of medical professionals. With busy schedules and familiarity with old-fashioned models, many physicians and nurses are simply reluctant to make changes, even if those changes save lives.

No matter what the excuse, no patient should be placed at increased risk of deadly hospital infections. The tools exist to stop CRBSIs, and each medical professional should use them to save lives. Our medical malpractice attorneys at Levin & Perconti have fought legal battles on behalf of many patient-victims of catheter errors. We support all steps to ensure that no more victims suffer at the hands of medical device errors.

July 12, 2010

Malfunctioning Medical Device Leads to Severe Injury

A West Virginia woman recently filed a medical malpractice lawsuit against both her surgeon and medical device manufacturer C.R. Bard, reports The West Virginia Record.

The plaintiff, Betty Adkins, underwent surgery in November 2007 to treat her pelvic organ prolapse. According to the Mayo Clinic, pelvic organ proapse occurs with a weakening of the pelvic muscles supporting a woman’s pelvic organs. This muscle weakening may ultimately lead to the pelvic muscles slipping out of place. Surgery is often needed to correct the situation, as was the case with the Mrs. Adkins.

During the procedure Mrs. Adkins surgeon, Dr. Mitchell E. Nutt, implanted an Avaulta Plus Anterior and Posterior BioSynthetic Support System. The medical device installed by her surgeon was designed and manufactured by C.R. Bard.

Unfortunately, for Mrs. Atkins, the device has not operated as was intended. Instead, she has suffered severe pelvic pain, the loss of an organ, permanent physical deformity, and mental pain and suffering.

Betty Adkins trouble with her medical device is not uncommon. Our Chicago medical malpractice attorneys at Levin & Perconti have worked with clients time and again who suffered at the hands of improperly made devices and improperly implanted medical equipment. In each case, the consequences of the error were unnecessary physical and emotional suffering.

Medical devices are often necessary to save lives, but patients who need them deserve assurance that the device is in working order and installed properly. The most common devices include stents, dialysis filters, pacemakers, and hip/knee replacements. If you suspect that any of these or similar medical devices may had an adverse effects on your health, be sure to seek representation to protect your rights.

July 11, 2010

Improper Radiation Treatment at VA Hospital

Two weeks ago we posted on the medical negligence at a Veteran’s Affair hospital in St. Louis that exposed veterans in several states (including Illinois) to hepatitis and HIV. That incident is only one in a string of errors at VA facilities across the country.

The Philadelphia Enquirer discussed another example of inadequate medical care at the Philadelphia VA Medical Center. Over a six year period, the facility had radiation therapy problems, giving the incorrect dosage to nearly over 85% of the patients receiving the treatment.

The radiation was part of a prostate-cancer treatment. Known as brachytherapy, the procedure involves the implantation of tiny radioactive seeds into the prostate gland to destroy cancer over a period of months. When done incorrectly, however, the radioactive seeds may eventually destroy healthy tissue while leaving the cancer intact.

Five of those veterans have recently filed suit for the substandard care they received. For some, their cancer has become incurable, and all five men report severe bleeding caused by the radiation. Earlier this year, the Nuclear Regulatory Commission punished the Philadelphia VA Medical Center, fining it $227,500 for which it classified as a “total breakdown” in its radiation program.

Problems at veteran’s hospitals occur with alarming frequency. The recent incidents in Philadelphia and St. Louis highlight the need for increased oversight and action to ensure that medical malpractice at these facilities is stopped.

In addition, Brachytherapy problems are an all-too-frequent form of medical error. Our Chicago medical malpractice attorneys at Levin & Perconti won a $1.25 million settlement against the University of Chicago Hospitals for a botched brachytherapy treatment. In that case a 70 year old patient with prostate cancer suffered radiation burns on her rectal wall and lost all bladder control due to the improper placement of radiation seeds.

Be sure to contact a medical malpractice lawyer if you suspect you have been the victim of similar radiation injury. Also, all veterans should be sure to aggressively protect their right to proper treatment at the VA hospitals where they seek care.

July 10, 2010

Victim of Medical Malpractice Pushes for State Investigation

The Milwaukee Journal-Sentinel reported yesterday on a medical malpractice victim who is taking steps to ensure that no one else falls victim to his negligent doctor’s error.

In 2004, Dr. Cully White performed back surgery on Kenneth Plants. However, Dr. White performed the surgery on the wrong side of Mr. Plants back. The doctor then failed to explain the error to other doctors. On top of all of that, Mr. Plants was then charged $7,000 for a second procedure that was never actually completed. Overall, it was a nightmare scenario for Mr. Plants. He is still unable to go back to work as a carpenter, with his back problems yet to be fully corrected. Fortunately, Mr. Plants sought our medical malpractice lawyers who helped him reach a settlement worth over $2.9 million.

But like many victims of medical malpractice, Mr. Plants was also concerned that others might be harmed by Dr. White’s error. Unfortunately, the state Medical Examining Board is notoriously slow in investigating doctor errors. The Board has not begun the investigation in this case, even though the surgery occurred more than six years ago. To force the Board to look into the matter, Mr. Plants recently filed what is known as a “writ of mandamus” to force the governing body to perform its duty.

Mr. Plants is asking the court to ensure that the Medical Examining Board “investigates allegations of unprofessional conduct and negligence in a reasonable time.” A 2008 investigation into the Medical Examining Board revealed that the institution was almost always slow to investigate these matters. The investigation also showed that the Board keeps most of its investigations secret, rarely imposing disciplinary actions (even with errors that lead to patient deaths).

Medical malpractice lawsuits seek much more than merely ensuring that victims of negligence are compensated for their loss. As this situation demonstrates, these lawsuits also seek to ensure that negligent doctors are not able to harm future patients. Failure of state agencies to properly monitor these acts of negligence, however, means that doctors are often free to commit error after error as long as they have insurance to cover their victims’ losses.

Our Chicago medical malpractice attorneys at Levin & Perconti have witnessed first-hand the destruction wrought by these acts of medical negligence. Every step must be taken to ensure that future patients receive the treatment to which they are entitled. State agencies investigating medical errors need to take every possible step to investigation medical malpractice and stop negligent doctors from committing more errors.

July 9, 2010

Rush University Medical Center Charged with Inadequate Surgical Care

The Chicago Tribune reports on a newly unsealed lawsuit which describes how medical professionals at the orthopedic department at Rush University Medical Center routinely sacrificed patient safety while violating Medicare billing rules.

The suit alleges that several medical doctors at Rush overbooked surgical procedures (sometimes several at the same time), allowing medical residents to perform the operations while unsupervised. The allegations go further, with one former medical resident admitting that one of the doctors, Mitchell Sheinkop, asked him to falsify the medical record to make it seem as if Dr. Sheinkop had actually been present when the operation occurred.

Medicare rules are clear on what level of care and oversight is required of medical residents. Specifically, the rules require the supervising physician to be in the room when critical portions of the operations are underway and to be physically able to assist the operation at any times.

Ultimately, failure to abide by these laws means that patient safety is sacrificed. As we have reported on this blog previously, nearly half of all medical errors are caused by inexperienced, untrained, and unsupervised medical residents. By allowing more new doctors to perform critical operations alone, the medical professionals at Rush were drastically increasing the risk of harm to their patients.

In fact, the Accreditation Council for Graduate Medical Education (ACGME) recently proposed new rules to guide the training of medical residents. The ACGME’s new regulations were in response to new data and years of concern that the current regulations were too lax, allowing untrained residents to work for too long and without guidance, ultimately leading to inadequate and deadly care for patients. Click Here to read more about the new proposed rules offered by ACGME.

However, this suit alleges that Rush’s orthopedic doctors were not even able to abide by the older, lax medical resident regulations. Essentially the doctors prioritized the monetary reward of packing in several surgeries at the same time over the proper care for each patient on the operating table.

Another doctor named in the suit, Brian Cole, performed two surgeries at the same time, being physically present at one and monitoring the other through video devices. Dr. Cole’s schedule on one day involved five surgeries starting within 2 and a half hours of each other, with one of the operations occurring in a different building.

The allegations in the suit paint a troubling picture of the orthopedic department at one of Chicago’s most well-known hospitals. Our Chicago medical malpractice lawyers at Levin & Perconti are well aware of the decisions made at hospitals like Rush that sacrifice patient care for monetary reward. Each medical patient, especially those undergoing risky surgical operations, deserves the full attention of the medical doctor to which they entrust their care. When that trust is violated, medical malpractice may have occurred. Please seek out a medical malpractice attorney if you were the victim of similar abuse.

July 7, 2010

Chicago Resident is Victim of Medical Malpractice

A Chicago man is suing a St. Petersburg surgeon for medical malpractice after the death of his wife following emergency surgery last summer, reports the St. Petersburg Times.

Dr. Sukunya Susie Dunphy was a 42 year old medical doctor in Chicago. While in Florida she was rushed to the hospital after experiencing abdominal pain. It was determined that she had an inflamed appendix and that evening the surgeon performed a laparoscopic appendectomy to surgically remove the appendix.

Hours after the surgery, Dr. Dunphy’s heart rate began to climb while her blood pressure dropped. Unfortunately, the medical staff at the Palms of Pasadena hospital where she received her care failed to properly note the changes. In fact, Dr. Dunphy herself told the hospital’s nursing staff that as a medical doctor she knew her blood pressure was too low and that steps should be taken to notify the doctors to provide better care. The nursing staff did not inform doctors of the situation, however. Instead they actually wrote in her chart that Dr. Dunphy was engaging in “attention seeking behavior.”

Tragically, shortly after this incident Susie Dunphy was found “pulseless, unresponsive, and without respiration or blood pressure.” She was officially pronounced dead the following day. Examination afterward revealed that the death was caused by post operative bleeding. Susie’s spouse is suing the doctor, claiming that he should have diagnosed her post-operative bleeding and properly reviewed her chart following the surgery.

Our Chicago medical malpractice lawyers at Levin & Perconti have fought for victims like Susie for decades. Inadequate medical care comes in a variety of forms, and failure to properly monitor developing complications is just one of many ways that patients fail to receive the care to which they are entitled. Doctors are responsible for properly diagnosing problems throughout their care-giving, both when a patient first arrives and following any medical treatment. The surgeon in Dr. Dunphy’s case failed to diagnose her post-operative bleeding, which was just as egregious as if he had failed to diagnoses her appendix problems initially.

You have the right to receive proper medical treatment any time you are under the care of medical professionals. It is medical malpractice to fail to monitor a change in condition. If you suspect that you’ve been the victim of improper treatment, contact a medical malpractice lawyer immediately.

July 6, 2010

$2.45 Million Awarded in Medical Malpractice Lawsuit

The Republic covered a recent jury verdict in a boundary challenging medical malpractice suit.

Margaret Mueller sued two of her doctors who missed a cancer diagnosis. Mrs. Mueller’s doctors diagnosed her with ovarian cancer. Shortly after the diagnosis she began the long, painful treatment process. Her long-time partner Charlotte Stacey describes it as forcing Margaret to “literally sleep her life away” for three and a half years. After the treatment began she was no longer able to climb the 27 stairs to their condo, so the couple was forced to move. The move resulted in Charlotte having a 4 hours commute to work each day. Charlotte also describes the many sleepless nights, injections, and rushed trips to the hospital during the treatment.

However, after all of that, it was eventually discovered that Margaret did not have ovarian cancer at all. Instead, she actually had cancer of the appendix. That meant that the years of devastating chemotherapy had been completely unnecessary and had allowed the actual cancer to spread throughout her body.

Evidence indicated that the original pathology report correctly revealed the cancer. However, her doctors failed to read that report, leading to the years of needlessly and harmful mistreatment.

Sadly, Margaret was unable to recover from the medical errors and missed diagnosis. She died last year before the trial began.

However, the medical malpractice story does not end there. While the jury determined that the doctors’ error led to over $2 million in damages for Margaret, that same jury was not allowed to determine if her partner of 20 years Charlotte Stacey deserved compensation for the struggles she endured while caring for her dying loved one. Before the trial, a local judge had thrown out Charlotte’s claim (known as a “loss of consortium “claim), because the couple were of the same sex and therefore not able to marry. Had the couple been of different genders and legally allowed to marry, the jury would have been able to award compensation for the suffering a partner endures when a loved one is the victim of medical malpractice.

Medical malpractice has devastating effects not just on the patients who are given inadequate care but also on their family and friends. Our Chicago medical malpractice lawyers at Levin & Perconti have fought for families of medical malpractice victims, ensuring that they are compensated for the suffering brought upon by negligent medical care. We have won many verdicts for missed diagnosis, included several multi-million dollar awards for improper cancer diagnosis.

No family, no matter what the gender of the partners, should be denied fair access and treatment by the courts. No negligent doctors deserve to be let off the hook merely because they happened to botch the medical care of someone in a same-sex relationship instead of an heterosexual relationship.

If you are or anyone you know have experienced inadequate medical care, be sure to contact our medical malpractice attorneys. We will fight for all types of families that have been victimized by medical error.

July 5, 2010

Illinois Veterans Victims of Medical Malpractice

Fox News recently reported on a large-scale example of medical negligence that has put thousands of members of our armed forces at risk.

Several weeks ago the John Cochran VA Medical Center in St. Louis notified over 1,800 veterans who had been provided care at the facility that they may have been exposed to hepatitis B, hepatitis C, and HIV. Each of the armed service members had been sent to the Medical Center to receive dental care.

The potential contamination was caused by negligent dental technicians at the facility who hand-washed certain equipment instead of putting them into the special-made cleaning machines. This process is contrary to protocol and makes the equipment susceptible to contamination, in this case with forms of hepatitis and HIV. The technicians were guilty of sacrificing the care of their patients all in an effort to save time.Cleaning and sterilizing equipment is one of the basic components of proper medical care.

Medical malpractice at VA hospitals has occurred all too frequently. A hospital in Florida used contaminated colonoscopy equipment and a Philadelphia facility committed radiation errors with several veteran patients.

Also, in November a spike in patient deaths at a Veterans Affairs hospital in southern Illinois initiated a probe. According to reports, the surgeons at that Marion, Illinois facility were performing unauthorized procedures and failing to properly assess patient deaths. Eventually all surgeries at the facility had to be suspended.

Medical malpractice affects all types of hospitals, those that treat private citizens as well as our veterans. It also occurs in all types of medical procedures, from complex surgeries to routine dental work. In fact, dental malpractice is a common form of doctor error that all too often goes unnoticed and unreported.

For that reason, everyone seeking medical care should be alert to the potential errors that are caused by negligent medical professionals. If you suspect any similar negligence contact a nearby medical malpractice lawyer, like ours at Levin & Perconti, to protect your rights. Our attorneys have decades of experience protecting victims of dental malpractice and every other form of medical negligence.

July 4, 2010

Medical Malpractice Victims Struggle to Collect from Doctor

WHIO.com reported today on a Dayton doctor with 19 medical malpractice cases currently on the docket. That list is not even counting several victims who have already won verdicts or settlement against the doctor, Dr. Lawrence Rothstein. Each of the charges involve plaintiff complaints of nerve damage, pain, weakness, numbness, paralysis and incontinence following surgeries performed by Dr. Rothstein.

On June 29th Dr. Rothstein filed for bankruptcy, putting into doubt the possibility that many of his victims will ever be compensated for the losses they suffered due to his inadequate medical care.

One of those victims is Sally Clawson and her family. Dr. Rothstein performed outpatient back surgery on Mrs. Clawson, but he botched the procedure, ultimately resulting in brain damage. In October, a jury found the doctor liable for the brain damage and awarded her $5 million in damages. However, Sally and her family have yet to receive anything from Dr. Rothstein or his employer, Riverview Health Institute. With the recent bankruptcy filing and pending cases, it is unclear when, if ever, the Clawson family will receive their judgment.

The unfortunate example of Dr. Rothstein is a stark reminder of the widespread harm a single negligent doctor can cause. It is also an indication of the importance of pursuing all potentially negligent doctors immediately. A delay may ultimately be the difference between collecting on a judgment and receiving nothing. The victims who acted first were much more likely to receive settlement and judgments while dozens of others may be left without any recourse.

Our Chicago medical malpractice attorneys at Levin & Perconti are always ready and willing to help you fight for your rights in a timely, efficient, and forceful manner. We have decades of experience dealing with insurance companies and doctors who repeatedly harm patients with substandard medical care. Do not wait until it is too late. Contact a medical malpractice lawyer today and ensure you are not left without any compensation for your injuries.

July 3, 2010

Medical Professionals May Fail to Diagnose and Treat MRSA

A highly sophisticated bacteria strain known as MRSA has long been one of the leading causes of infections in hospitals. MRSA is a form of staph infection, but it is much more dangerous to patients than the typical staph infection because MRSA cannot be treated with first-line antibiotics. In 2005, there were over 368,000 hospitalizations because of the infection, and 68% of all staph infections are now of the MRSA variety.

Science journalist Maryn McKenna recently explained in an NPR interview that hospitals have long been a breeding grounds for the infection. Bacteria prefer living in weak immune systems. Sick or weak residents at hospitals -like the elderly, HIV infected, chemotherapy patients- all have weak immune systems. Those same patients also likely have many skin cuts for IVs. The combination of weak body defenses and many entry points make hospitals the ideal breeding ground for staph infections.

McKenna also notes that it is sometimes difficult for hospitals to eliminate the bacteria in its patients. She notes that many health care workers often fail to take simple steps, like washing hands, which have a serious effect on the bacteria. She points to a recent survey that indicated nearly 50% of “hand washing opportunities” are missed by healthcare workers..

An article in the Chicago Tribune recently reported on a frightening MRSA development as experts have discovered that the bacteria is found not only in hospitals but now exist in the community at large. Maryn McKenna noted in the Tribune article that community-based MRSA is often not on the radar of many medical professionals. If someone enters a hospital with the infection doctors may fail to diagnose the bacteria, missing precious treatment time. McKenna recommends that patients should clearly ask their healthcare workers about washing their hands.

The clear connection between hospital crowding, medical hygiene, and MRSA should be of concern to anyone seeking medical care. Our medical malpractice attorneys at Levin & Perconti encourage anyone receiving hospital care to pay close attention to the hygiene of medical professionals. We also support learning more about the community-strain MRSA so that you are equipped with knowledge about the warning signs of the bacteria.

July 2, 2010

Chicago Hospital Lawsuit Settles for $7 million

The Chicago Tribune recently reported on the settlement of a medical negligence case which alleged violation of state law by the University of Chicago Medical Center.

The hospital was charged with overcrowding babies in its Neonatal Intensive Care Unit (NICU), failing to comply with state law that mandates specific bed spacing and maximum capacities. The lawsuit was filed by two former nurses in the NICU at the Medical Center, Donald Raymer and Michael Grosche.

Specifically, over an eight year period from 1997 to 2005, the Medical Center sought reimbursement from Illinois Medicaid for care provided when the overcrowding occurred. The Attorney General explained that the practice put ill babies at extreme risk of infection in “absolutely terrifying” conditions.

Luckily for all future babies who need emergency care at the hospital, since the lawsuit the Medical Center has expanded to include a properly sized neonatal intensive care unit. As another positive benefit from the suit, the majority of that settlement ($5.2 million) will be sent to nearby clinics and hospitals to provide services to young and new mothers including well-being classes and postpartum depression care.

The disturbing situation at the University of Chicago Medical Center is just one example of the corners cut by many medical service providers when they become more worried about saving money than providing the necessary care to save the lives of the patients in their care. Our Chicago medical malpractice attorneys at Levin & Perconti have decades of experience fighting for patients who were given inadequate medical care by facilities looking at the budget at the expense of emergency healthcare.

Unfortunately inadequate medical care is given at hospitals every day. Do not wait to fight for your right for proper treatment. If you suspect you’ve been a victim of negligent care, be sure to contact a medical malpractice attorney in the area.

July 1, 2010

July is Deadliest Month for Medical Malpractice

The month of July is typically known as a time of fireworks, ice cream, and sandcastles on the beach. But startling new research suggests that the mid-summer month also has a more sinister reputation. The LA Times recently reported of a new study out of the University of California San Diego that July marks the riskiest time of the year seek medical care at some hospitals throughout the country.

In what many experts term the “July Effect” medical errors increase in all hospitals that are used as teaching facilities because it is this month that new, inexperienced residents are first introduced into the hospital. The research found that fatal medical mistakes spike nearly 10% in July as compared to all other months of the year. The increase in preventable deaths occurs in hospitals that are used as teaching institutions.

The researchers suggested that the findings lead even more support to the idea that the responsibilities of new medical residents need to be reevaluated and their supervision should be increased. With life and death literally hanging in the balance, it would be hard to find anyone disagreeing with their assessment.

Interestingly, medical education reforms along those lines were recently proposed by the Accreditation Council for Graduate Medical Education. The new rules would limit the number of hours that inexperienced medical residents could work and ensure that proper supervision was provided for these new doctors. The new rules were pursued as studies continue to pour out which confirm that new medical residents are responsible for over 50% of the medical errors, leading to severe harm to the patients in their care.

While it may be impossible to avoid seeking medical help in the month of July, no one should have to sacrifice the medical care they receive. Our Chicago medical malpractice attorneys at Levin & Perconti are tireless advocates for the rights of patients to be free of medical negligence. We have won numerous multi-million dollar settlements and verdicts for patients who were victims of inexperienced medical professionals. If you or someone you know may have experience medical negligence this month, or any month, be sure to contact an attorney immediately.