Illinois Medical Malpractice Blog

The 7th Amendment Advocate recently explained an overlooked concept in the debate about medical malpractice “reform.” Self-defined “conservatives” are usually the ones calling the loudest for rule changes that would cut away at victim’s right to a jury trial. These same individuals often extol the virtue of limited government, promoting policy concepts that keep decision-making power with states and individuals.

Baffling is how these same conservatives fail to recognize the hypocrisy of advocating for medical malpractice “reform” that does nothing more than create blanket rules at the federal life at the expense of states and individual citizens.

As we have repeatedly emphasized on this blog, the 7th Amendment to the U.S. Constitution is clear in enshrining the unfettered guarantee of a jury trial in essentially all civil trials. It would be logical for all those who respect the freedoms guaranteed by our Founders to fight against any erosion of those freedoms.

The inconsistent principles advocated by these “reformers” are disturbing, suggesting ulterior motives are behind the claims. The situation is all the more unfortunate because the practical consequences of most medical malpractice legislation is little more than a money grab by the big medical lobby and insurance interests. For example, the current proposal known as H.R. 5 would do nothing to limit medical malpractice; it would impose arbitrary damage awards, change liability rules, and make it much more difficult for injured victims to seek redress from those who harm them carelessly.

Continue reading "The Conservative Case Against Medical Malpractice "Reform"" »

The Food and Drug Administration recently rejected a proposed rule change that sought to ensure the safety of all medical devices. As reported in DrugWatch the proposal would have eliminated the loophole that allows certain medical devices, like hip implants, from undergoing clinical trials. The mandate for more testing of devices before their mass use would catch potentially defective products before they are capable of injuring patients.

The chaos surrounding the DePuy hip implant recall was the impetus for the proposal. As blog readers are aware, over 93,000 implants were recalled at the end of August this year after the metal-on-metal hip implant system was discovered to fail at a much higher rate than usual. The malfunction caused metallic particles to enter the patient’s body, leading to bone and tissue problems. The defect requires a painful and risky revision surgery. As a result, anyone who has had a hip implant with the DePuy ASR XL Acetabular System and ASR Hip Resurfacing Systems may have a legal claim against the company for the problem with the medical device.

However, had the proposed rule been in place, the clinical trials would likely have caught the problem with the DePuy implants before thousands of patients suffered.

Continue reading "DePuy Hip Recall Update: Stricter Implant Requirements Rejected by FDA" »

Lawyer bashing and jury ridicule have been commonplace in the recent public discussion about the civil justice system. Certain special interests continue to propagate the belief that “reforms” need to be enacted to improve the system of justice across the country. Most perplexingly, this call for action is done in the name of the Constitution—a perversion of the document at direct odds with the clear intention of our Founders.

Ken Connor, the President of the Center for Just Society eloquently explained how these political calls for medical malpractice reform seemingly ignore the 7th Amendment to the Constitution which protects the rights of citizens to jury trials in civil cases. On top of that, the proponents of this “reform” view apparently find little stock in the 9th and 10th Amendment protections that limit federal power and ensure that individual citizen rights and state control are preserved and respected.

Of course the rejection of Constitutional principles is even more disappointing in that it is motivated by efforts to protect wrongdoers from accountability at the expense of the injured victims and their families. Recently introduced legislation in the U.S. House of Representatives, known as the HEALTH Act (H.R. 5) is the latest incarnation of this problem.

Ken Connor summarizes the bill as “a federally imposed, top down, one-size-fits-all, special-interest driven emasculation of fundamental constitutional rights, turning victims of medical malpractice and dangerous drugs into constitutional eunuchs.”

The new proposal has a large scope—it applies to medical malpractice lawsuits, nursing home claims, and suits against insurance companies. It includes arbitrary caps on non-economic damages, and shortens the statute of limitations on many acts of negligence. It also eliminates joint and several liability and raises pleading standards. These changes would essentially make it harder for victims to win cases and, even if they are won, harder to collect the entire damage award reached by the jury. Many of these changes preempt state law, overriding the will of state legislators and voters.

Continue reading "Calls for Medical Malpractice Reform Ignore the Constitution" »

Observers of this week’s State of the Union address by President Obama likely noted his mention of the need to improve the country’s medical system. The oration included reference to the recently passed comprehensive health care law. The President explained that he is always open to ideas to improve the legislation, regardless of what political party has the idea.

We continue to applaud the President for his efforts to implement the new health care law and improve the health of millions upon millions of Americans. However, it is unfortunate that the President used the occasion of the State of the Union to throw a bone to the oft-repeated talking point about medical malpractice “reform.” The facts simply do not support the claims that malpractice lawsuits are at the root of any major problem in the healthcare system.

As reported in Politics Daily, the American Association for Justice President Gibson Vance issued a response to President Obama’s inclusion of the misinformed claim. Vance explained again how more than 98,000 patients likely die each year because of medical errors. Those deaths represent a crisis that has not received nearly the recognition it deserves.

In this area, a main reason for the seeming acceptance of high levels of Illinois medical malpractice deaths is the distraction presented by the repetition of falsehoods about “dangerous lawsuits.”

Vance summarizes, “President Obama should direct his focus towards tackling this startling figure, not promoting efforts that could eliminate the legal rights of patients.”

Continue reading "Response to State of the Union Mention of Health Care “Reform”" »

Medical malpractice takes many forms, but one of the most common is hospital acquired infections—also known as Healthcare-Associated Infections (HAIs). These represent infections that a patient contracts while undergoing medical treatment. It represents a medical problem that they did not have before they began seeking treatment for some other ailment. Patients contract the infections in a number of medical settings, including during surgeries, while on ventilators, or any time there is contact from one person/equipment to another.

The scope of the problem is much larger than most suspect, according to HAI Watch. The World Health Organization reports that at any given time 1.4 million people are suffering from an infection they received because of their effort to receive medical treatment. The severity of the infections is also startling. The Centers for Disease Control claims that over 98,000 people die each year in the United States alone from infections they acquired while at hospitals. This is not a problem that anyone can afford to ignore.

Medical safety experts have worked hard at identifying the root cause of these infections and the best ways to snuff them out. Research is clear that to minimize the problem medical professionals must pay particular attention to the best infection management strategies. These strategies are varied, but typically involve simple checklist style requirements like hand washing and proper equipment sterilization.

Continue reading "Raising Awareness About Vital Illinois Medical Malpractice Issue—Hospital Acquired Infections" »

Yet again new federal legislation is attempting to “reform” the medical malpractice system in a way that will do nothing but insulate big business at the expense of malpractice victims. The latest attempt takes the form of H.R. 5—legislation identical to a proposed bill from the last Congress. If passed it would have severe consequences on all Illinois medical malpractice lawsuits.

The same debunked claims about “cost savings” are being put forward by proponents of the legislation. However, as the American Association for Justice pointed out, the money spent on legal defense in medical malpractice lawsuits is drastically exaggerated. In addition, all reasonable estimates reveal little to no actual savings in health care can be created by limiting patients’ legal rights. Those arguments act as nothing more than a smokescreen, raising false concerns in order to benefit big insurance and doctor interests at the expense of regular community members.

This latest bill is particularly troubling because of its large scope—it applies to medical malpractice claims, nursing home claims, and suits against insurance companies. It includes arbitrary caps on non-economic damages, and shortens the statute of limitations on many acts of negligence. It also eliminates joint and several liability and raises pleading standards.

These changes would essentially make it harder for victims to win cases and, even once they’ve been won, harder to collect the entire damage award reached by the jury. Many of these changes preempt state law, meaning that the federal government would be overriding the will of many states, forcing these unfair rules upon them.

Continue reading "Illinois Medical Malpractice Suits May Be Unfairly Limited By New Legislation" »

Often it is difficult to put malpractice caps into perspective in the abstract—personal stories of grievous loss caused by medical errors are apt.

The Los Angeles Times shares the story of a 17-year old girl who had corrective heart surgery shortly before going to college. The procedure would only take a few hours and the girl had gone through the same operation several times in the past. The teen was supposed to be back home for dinner that night.

However, a few hours later the girl’s mother was told that an “incident” had occurred during the operation, depriving the victim of oxygen. The girl was placed on a breathing tube, but she would never recover. A week later her parents were forced to make the excruciating decision of removing her from the ventilator and taking out an internal breathing tube. The girl died shortly after.

The family pressed the hospital for more answers to better understand what happened to their daughter. However, the hospital provided little more than general, inconclusive explanations. The family was forced to sift through confusing medical records on their own in an attempt to put the pieces together. The grieving mother explained that the process made her realize the difficulty faced by families of malpractice victims.

She admitted, “I could imagine this happening over and over again because families don’t have the resources to find out how their loved one passed away. We had to claw our way through the system.”

The family decided to sue the hospital so that they could actually learn more about what happened. They initially had trouble finding legal representation because of the state cap on malpractice damages. However, one law firm took the case and filed suit. Eventually, it was discovered that the postdoctoral fellow had removed the young girl’s catheters without doctor supervision with the assistance of another fellow who hadn’t even been cleared to see patients.

Because of the cap on damages, the attorneys were forced to urge the Cull’s to settle the case for $250,000—the maximum allowed under the law. The trial process was cut short. The family plans to use the funds to start a scholarship fund in their daughter’s name. However, the first-hand experience has led them to understand how the threat of a larger settlement might have forced the hospital to have been more forthright about what happened.

Continue reading "Parents Question Malpractice Cap Law After Daughter’s Death" »

Malpractice is a potent problem because so many of the victims never become fully aware that they have been wronged. Patients so often depend completely on the decisions made and explained by their medical professionals. It is difficult to question things about complex medical care.

In the same way, it is difficult for victims to understand the billing details of that care. Illegal over-billing occurs with more frequency than many patients are aware. Unfortunately, they often never discover the problem. However, according to St. Louis Today, one victim is stepping up and filing a class action lawsuit on behalf of many victims of medical overbilling in his area.

The lawsuit claims that thousands of patients were overbilled for their care. The malpractice suit claims that the prices for “out of network” care is exorbitant an unfair because drastically different amounts are charged to patients depending solely on who is paying for the service. The same care provided by the same doctors to virtually the same patients often cost staggeringly different amounts.

This problem is compounded when “out of network” care decisions are not even made by the patient. For example anesthesiologists, certain types of equipment, and laboratory work are chosen by the care provider themselves. Those decisions (and cost) are often deemed outside of the “network,” triggering the unfair billing of patients without the patient playing any role in deciding their use.

Continue reading "Class Action Lawsuit Challenges Medical Billing Practices" »

The Chicago Tribune reported this weekend on a disturbing story of sexual abuse out of suburban Tinley Park. According to court documents, a psychologist with the Tinley Park Mental Health Center was charged with coercing a female patient into performing sex acts in exchange from her release from the facility.

The 66-year old doctor has worked for the Illinois Department of Human Services for over 20 years. He was even the facility’s liaison to the state’s attorney’s office. The victim was a 45-year old patient suffering from depression. She was confronted by the abuser and told that if she did not perform the sex acts requested than the doctor would not allow her to be released from the health center. Fearing that she had no other choice, the woman complied with the man’s request.

Following her release, the abuser attempted to cover his tracks by giving the victim money in exchange for not telling authorities about his conduct. Fortunately, she eventually came forward and talked with police. He is no longer seeing patients at the facility and is charged with several criminal counts for his misconduct.

Continue reading "Chicago-Area Psychologist Sexually Assaults Patient" »

One of the many tools in the arsenal of big interests seeking to limit patient rights is the claim that malpractice lawsuits encourage costly defensive medicine. The myth claims that costs are increased indirectly because doctors now run more tests than necessary for fear of litigation. Yet, a close look at the situation in hospitals across the country paints a much different picture.

A recent Huffington Post article explains the claims made about the effect of “defensive medicine” are virtually unproven. In most cases the idea is generated solely by doctor surveys organized by the very groups who stand to benefit from claims about rising healthcare costs. When pressed further most of these groups have a difficult time identifying what exactly constitutes defensive medicine.

Even more evidence continues to pour in that shows that increased testing is most frequently done because of the fee for service Medicare guidelines that incentivize overuse of procedures. Regardless, Medicare rules would forbid performing tests that are unnecessary except to defend against lawsuits. In other words, if defensive medicine is used, it is illegal and should be rooted out.

The majority of unbiased scholarly research has found that the problem of defensive medicine is nothing more than the latest gambit by those interested in taking rights away from medical victims. In reality, the data indicates that medical providers are not conducting as many additional tests as is often believed. In addition, virtually no savings in medical costs can be gained from eliminating the testing of patients.

Continue reading "Columnist Calls Defensive Medicine A Fraud" »

The Darvon and Darvocet recall continues to make headlines as experts weigh in on its impact around the world.

Lawyers and Settlements published a story this week in which one well known physician explained that the danger of the now-recalled drugs was very clear early on. The results of the delay in banning the drug have been catastrophic. Calls for the ban began decades ago, but nothing was done. Now the doctor explains, “There could have been hundreds of thousands of deaths due to Darvon and Darvocet over the past 25 years.”

Medical researchers informed the FDA of their findings regarding the dangers of the drugs decades ago. However, the department was extremely slow in investigating the true risks of the medication—only pulling it from shelves this November.

Some experts believe that the trials related to Darvon and Darvocet will prove to be larger than many other mass medication cases. For example, Vioxx maker Merck provided a $4.85 billion settlement fund to be used to families of those injured by the painkiller’s effect on heat attacks.

The upcoming lawsuits will be of a similar magnitude.

One expert shared, “I think the Darvon trials will become bigger than Vioxx because it has been going on for so long, but some people are just now realizing how catastrophic Darvon is.”

Continue reading "Doctor Explains the Importance of Darvon and Darvocet Trials" »

Today members of the U.S. House Judicial Committee met to discuss issue related to medical liability and malpractice lawsuits. The hearing involved discussion of patients rights as well as repeated, misguided claims about the need to take away certain legal decisions from juries.

Many member of Congress stood tall in their support for the preservation of patient rights. For example, Representative Nadler made clear that all discussion of malpractice had to focus on the fact that 98,000 patients die each year because of preventable medical mistakes. Advocates for victims also explained that the claims regarding rising healthcare costs is not related to the judgments in malpractice cases.

The reality is that researchers consistently find that malpractice lawsuits and the proposed “reforms” would have little if any effect on healthcare costs. The vast majority of expenses in litigation are related to claims of merit.

Continue reading "Updates on House Judicial Committee Medical Liability Hearing" »

This blog has recently shared information about the growing number of lawsuits filed on behalf of patients who suffered because of complications from the medications Darvocet and Darvon.

News published in About Lawsuits now suggests that the manufacturer of those dangerous drugs, Xanodyne Pharmaceuticals, is attempting to block all efforts that would consolidate and centralize those lawsuits. Multidistrict litigation, or MDL, is common when product liability cases like this one occur. It is designed to avoid the wasteful repeated efforts of discovery and avoid inconsistent rulings on the various claims across the country. Thousands of victims are expected to file lawsuits in all parts of the country following the recall of these products.

The medication became one of the country’s most popular prescriptions in the late 1970s as a pain medication. Concerns were raised about the drug’s safety as early as 1978. However, it wasn’t until 2006 that an FDA advisory panel began investigating the safety of the medication following public advocacy claims regarding the skyrocketing death toll linked to the drugs. Two year later Public Citizen, a consumer rights organization, filed a lawsuit against the FDA for its failure to properly take action against the drug.

The FDA finally changed course from previous pronouncements in late November of last year, asking the drug makers to pull the medication from the market.

Continue reading "Drug Manufacturer Seeks to Split Up Darvon and Darvocet Lawsuits" »

The attack on the justice system rages on as corporate interests seek “reform” which will take away the rights of certain medical patients to access parts of the legal system. This weekend the State Journal-Register published a letter to the editor written by the president of the Illinois Trial Lawyers Association which defended the rights of victims.

He explains how the claims for “reform” are almost entirely supported by studies that have been widely shown erroneous. The reports used to support the ideas are funded and organized by the top names in big business—Phillip Morris, General Electric, and others—the ones who stand the most to gain by handcuffing victimized patients’ recovery efforts.

It remains a cornerstone of a system of laws that that when businesses act irresponsibly in ways that harm unsuspecting patients, like creating dangerous drugs or using deceptive practices, they should be held responsible for the damage caused. There is nothing to fear from fairness.

The claims of all those seeking to take away patient rights are growing even more exaggerated by the day. The latest round includes suggestions that the entire ailing U.S. economy can be traced back to lawsuits. Reasonable minds must join to reject these overblown, misleading claims.

Continue reading "Letter From Illinois Trial Lawyer: Legal Rights of Patients Attacked By Corporate Interests" »

Few medical miscalculations have the potential to harm more people than mass medication errors. When unsafe drugs are continually given to patients, the consequences are often catastrophic. That is exactly what happened with two drugs that were recently pulled from the market for the unacceptable health risks that they caused. However this was not before the medication was given to patients for more than half a century, even though concerns about its safety had been made clear for decades.

Darvocet and Darvon, also known as propoxyphene, was finally pulled from shelves by the FDA in November. The recall was spurred by evidence of the drugs’ causing dangerous disturbances in heart rhythm. An unusually high number of patients were found to exhibit the heart problem after 18 months on the medication.

The Darvon and Darvocet recall is only the latest in a series of FDA actions that have been questioned, mostly for their delay. On many occasions the decision to recall a drug is a battle of risks, financial investment, and patient safety. Millions and millions of dollars are spent investing in new medications and pharmaceutical companies always exert pressure to keep the drugs on the market.

Continue reading "Darvocet and Darvon Lawsuits Show Need for Improved FDA Safeguards" »

On many occasions we have discussed the staggering cost of malpractice both on patient lives and healthcare costs. Estimates suggest that each year nearly 98,000 people die and around $55 billion is spent because medical mistakes. The toll has led many experts to spend time and effort working to better understand why the errors are made and what can be done to prevent them.

One of the easiest but most effective ways to provide better care involves the use of medical checklists. Reuters recently discussed new research which highlighted the benefits. The latest data indicates that almost a third of all malpractice claims would be eliminated if checklists were used in all cases. The improvement would specifically be seen in surgeries, as the vast majority of mistakes actually occur during those operations.

The checklists include reminders of obvious but occasionally overlooked processes that are vital to proper care. They list simple acts like proper scheduling, ensuring equipment availability, marking the correct operating location, and similar actions so that the professionals ensure that nothing is overlooked.

A surgeon who has written often on the issue explained, “This kind of evidence indicates that surgeons who do not use one of these checklists are endangering patients.”

Continue reading "Malpractice Could Be Minimized With Use of Checklists" »

Wrongful death lawsuits are exceptionally heartrending, especially in the case of a mother during or as a result of childbirth. According to Setexasrecord.com, a Texas woman died four days after her delivery at a local hospital.

The woman was survived by her parents, husband and three young children. The family has initiated a suit against the hospital, physicians, and radiology services. The medical malpractice lawsuit alleges that during the delivery, “force was used to attempt to get the baby out.” The woman was discharged two days after her delivery, but readmitted the same day as a result of bleeding and pain. Two days later, the mother died. The family has accused one physician for using force during the delivery and the other physicians for negligently failing to recognize the mother’s medical needs once she was readmitted. The complaint seeks all allowable wrongful death damages.

Wrongful death is defined in legal terms as a death, which is a result of another person’s fault. An explicit example of this sort of death is a physician’s failure to diagnose a fatal disease. Typically, the decedent’s family members file the wrongful death suit. The damages awarded in these suits may cover the decedent’s potential lost earnings. In addition, families may be rewarded damages such as lost benefits, pain and suffering, and punitive damages.

In Illinois, a personal injury lawyer could also bring a medical malpractice claim in this case. Medical malpractice claims occur when patients are injured as a result of a medical provider’s negligent or intentional actions. For example, a missed diagnosis or a delayed diagnosis may be the result of a physician’s negligence. Compensatory damages often result, which attempt to restore the person or family to the position in which they would have been in lieu of the malpractice incident.

Continue reading "Family files wrongful death lawsuit after mother dies days after giving birth" »

When people hear the words “tort reform” they often do not immediately associate the issue to something found directly within the United States Constitution. However, as the American Association for Justice President wrote in the Huffington Post last week, the rights being fought for in the tort reform debate are part of our nation’s foundational document.

The 7th Amendment to the Constitution, part of the Bill of Rights, specifically guarantees the right of Americans to a trial by jury. The promise has even deeper roots, found 800 years ago in England’s Magna Carta. The Founders understood that right. Thomas Jefferson explained that jury trials in civil cases (like malpractice) were “the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.”

However, big business and insurance efforts to strip medical patients of that right threatens the very foundation of the 7th Amendment. These interests seek to undermine the ability of victims to share their story with a jury and allow them to a return a verdict. Instead, they prefer a system that takes away decision-making power from a jury and replaces it with automatic rules from which they benefit.

All those who respect the vision of our Founders and the mandates of our Bill of Rights should stand arm in arm against attempts to undermine our system with alleged “tort reform.”

Continue reading "U.S. Constitution Protects Patients Rights to Medical Malpractice Jury Trial" »

We have frequently updated readers on the latest news related to the DePuy hip implant recall. The impact of the defective product continues to have effects close to home. Several Chicago patients recently filed a lawsuit for their suffering due to the hip device.

According to ABC News, the Chicago DePuy lawsuit includes five patients who are accusing the company of ignoring the clear evidence that the devices being implanted posed too high a risk of failure and complications. Failure to act reasonably led to an unnecessary delay in the recall.

The husband of one of the victim explains of his wife, “She can’t walk. She can’t do anything. [She’s] in deep pain.”

These victims represent only five out of thousands who suffered because of defective DePuy hip implants. Nearly 100,000 of the implants were recalled by the company in August after evidence mounted even higher showing the extreme danger the product presented to patients. Many of the patients who have suffered complications from the product may have suffered irreparable harm to their bodies. Each time a join is redone some bone is lost.

Perhaps even more frustrating is the lack of clear answers on why the product was even defective in the first place and how the company allowed so many patients to face complications. Also concerning is the fact that there is no standardized tracking system in the United States for joint implants—other countries require such tracking. Those nations have seen the rates for revision surgeries drop by as much as ten percent as the lists allow defective devices to be identified much earlier.

Continue reading "New DePuy Hip Implant Lawsuit Filed in Chicago" »

The new Congress that was sworn into office in Washington D.C. last week will soon begin debating a variety of hot button issues. Many of those matters will be of particular interest to all those concerned with the fair treatment for medical patients. In particular, the specter of medical malpractice “reform” will once again rear its head in many committee debates and policy calls.

In that discussion a claim will often be made about “savings” to be had if tort reform legislation is passed. The basis for that claim is generally linked to a single Congressional Budget Office analysis from a year and a half ago. That analysis has been shown severely flawed, as with so much of the information used to push the takeaway of legal rights for patients. The Center for Justice and Democracy published a detailed examination of the errors in the CBO analysis.

Overall, the claims of money saved are taken almost solely from a handful of studies that actually contradict one another. One of those studies even goes so far as to claim that changes to the current structure would allow may cause more than 50,000 more people to die from medical errors each year—on top of the almost 98,000 who already do.

The CBO analysis uses an extreme form of tort reform legislation that no single state has ever accepted, including a hard $250,000 limit on non-economic damages and a one year statute of limitations on claims. The group’s own evidence also suggests that these reforms may actually increase costs, not save them. In states with the most widely used type of reform—limits on joint and several liability—the costs of healthcare actually increased following the legislation.

Continue reading "No Financial Savings To Be Had With Medical Malpractice Reform" »

In late November last year we posted on the large medication Darvon and Darvocet recall announced by the FDA. The recall was initiated following medical studies which showed that the drugs caused serious, unacceptable side effects. Particularly troubling was indications that patients who took the medication were at risk for fatal heart rhythm abnormalities as well as risks of suicide, addiction, and overdose.

The medication became one of the country’s most popular prescriptions in the late 1970s as a pain medication, according to reports at Lawyers and Settlements. Concerns were raised about the drug’s safety as early as 1978. However, it wasn’t until 2006 that an FDA advisory panel began investigating the safety of the medication following public advocacy claims regarding the skyrocketing death toll linked to the drugs. Two year later Public Citizen, a consumer rights organization, filed a lawsuit against the FDA for its failure to properly take action against the drug.

In early 2009 that advisory committee recommended recall of both drugs. However, a few months later the FDA as a whole rejected the committee’s urging, instead only claiming that some changes should be made on the label. The FDA finally changed course in late November of last year, asking the drug makers to pull the medication from the market.

Several lawsuits have been filed on behalf of the victims and their families seeking redress for the problems with the drug and its recall. With the mounting evidence pointing to a link between potentially deadly side-effects and the use of the medication, it is vital for all patients who have taken the drug to receive a health assessment.

Continue reading "Darvon and Darvocet Lawsuits Begin Heading to Courts" »

We recently published several stories that highlight the steps taken by the Illinois medical lobby to prevent common-sense action to that protect patient rights and improves healthcare. As reported in the Chicago Tribune, the fight has continued this lame-duck session of the Illinois General Assembly as similar legislation is again on the docket. It is yet unclear whether the new bill will make it through the process to become law.

This time the issue involves patient right to records concerning their doctors previous quality of care. The Patients’ Right to Know Act was passed by the House last week and will be sent to the Senate to obtain its support. If passed the law would allow patients to be made aware of certain acts by their physician, including firings, criminal convictions, and acts of malpractice.

The profiles that would be required under the bill were previously available to the public as part of legislation attached to medical malpractice caps. However, when the Illinois Supreme Court ruled those caps unconstitutional, the doctors ensured that access to the profiles were taken away from patients. When available the online profiles attracted more than 130,000 clicks per week.

As usual, the Illinois State Medical Society is using its influence to defeat the bill. That organization has successfully killed similar efforts in previous years.

Continue reading "Illinois Law Seeks to Make Doctor Histories Available" »

Official government efforts to ensure proper medical care for patients at the state level typically involves rules proscribing allowable conduct as well as clear procedures to ensure negligent doctors are prevented from harming more patients. Unfortunately, the second-prong of that approach is typically lacking.

St. Louis Today recently discussed that lax doctor disciplinary and oversight process in the state. For example, the story highlights the case of one doctor who botched eye procedures on a young infant girl. The child went in for surgery to fix a muscle in her left eye. But the doctor made a mistake and operated on the right eye. To cover up his error, the doctor lied to the family and claimed that another surgery was necessary. He then did the original procedure on the left eye. Afterwards, the doctor altered the girl’s charts to make it seem as if no mistake was made. The girl is now legally blind in one and has only minimal sight in the other.

After all of this was uncovered the doctor was reported to the state’s Board of Registration, but little to nothing was done to sanction the surgeon for his conduct. The doctor was allowed to keep seeing patients without missing a single day, and he received only a silent reprimand in his file.

As the newspaper uncovered, this lenient treatment for error-prone doctors seem to be a trend for the state’s regulatory body.

Continue reading "Problems with State’s Lax Doctor Disciplinary Process" »

Consumer Health Day wrote last month about the unreliable use of patient death rates as a measure of the quality of a hospital.

The story explained how a new study from researchers a the Harvard Medical School examined varying measurement forms of patient death rates; researchers determined that they presented scattered scores for each individual hospital. Specifically, it was noted that mortality rates are examined in different ways by different hospitals, meaning that their comparison is often unhelpful.

As it now stands different “vendors” crease various measurement tools for hospital-wide death rates. The study used the same hospital and measured its score using different calculations made by each vendor. Over 2.5 million patients were analyzed in the study.

The study’s lead doctor explained, “It’s troubling that four different methods for calculating mortality rates as a measure of quality should yield such different results…common sense suggests that there is a problem.”

Thus, as is now stands there is no “gold standard” measurement upon which all others can be compared. Mortality rates remain a murky, subjective measure that is of little use to the average consumer looking to compare the quality of care provided at different facilities.

Continue reading "Experts Say Hospital Quality Measurements Need Improvement" »

One of the many tools in the arsenal of big interests seeking to limit patient rights is the claim that malpractice lawsuits encourage costly defensive medicine. The assumption is then made that these unnecessary medical steps lead to increases in the cost of healthcare. That was the refrain used by many members of Congress this week as the U.S. House gears up for its seemingly symbolic vote to repeal the recently passed healthcare legislation.

However, as a recent Huffington Post article explains, the claims made about the effect of “defensive medicine” on costs are virtually unproven. In most cases the idea is generated solely by doctor surveys organized by the very groups who stand to benefit from claims about rising healthcare costs. When pressed further most of these groups have a difficult time identifying what exactly constitutes defensive medicine.

Even more evidence continues to pour in that shows that increased testing is most frequently done because of the fee for service Medicare guidelines that incentivize overuse of procedures. Regardless, Medicare rules would forbid performing tests that are unnecessary except to defend against lawsuits. In other words, if defensive medicine is used, it is illegal and should be rooted out.

Continue reading "The Truth About Defensive Medicine" »

We recently discussed the risks associated with sleep deprived physicians performing operations on unsuspecting patients. Yesterday the L.A. Times continued that examination of patient safety with a look at a similar problem plaguing many physicians: burnout.

The magazine Anesthesiology published two separate studies on medical burnout in its latest edition. The first involved a survey conduct by the Vanderbilt University School of Medicine of an entire perioperative unit—all professionals who work with a patient before and after surgery. The results clearly indicated that those professionals who had heavier workloads were more at risk of burnout.

Similarly researchers at Northwestern’s School of Medicine conducted surveys that found older physicians were also at a higher risk. These senior doctors—many of them chairs of the department—were highly likely to suffer the identified criteria for high or moderate burnout.

While research is still being conducted connecting the burnout to patient safety, it is clear that nothing good comes out of the overwork and exhaustion of so many medical professionals. A New England Journal of Medicine report from last month did make the connection, finding that burnout led to more medical mistakes. One doctor involved in the research explains that “burnout is also associated with malpractice suits and turnover which can create substantial cost to hospitals and practice groups.”

Continue reading "New Report Expose Harm to Patients From Doctor Burnout" »

The St. Joseph Medical Center made headlines earlier this year when it was discovered that one of its high-profile doctors was committing medical fraud by repeatedly telling patients they needed stents implanted in their heart, even though they didn’t.

Now federal investigators are ordering the hospital to take steps to ensure future mistakes are not repeated. The Baltimore Sun reports that the facility must now conduct annual, random audits of its cardiac care practices. They must also keep a database of business arrangements related to certain procedures, provide annual reports to regulators, and maintain supervision of physicians and the cardiac laboratory.

The facility has already agreed to a $22 million settlement to repay federal funds used in the unnecessary procedures.

The man at the center of the scandal, Dr. Mark Midei worked for several years in his own medical center connected to the hospital. Eventually he left his own practice to work full-time for St. Joseph, taking a high profile seven figure salary. The employment lasted until 2009, when accusations about Midei’s falsification of records led the hospital to contact hundreds of its former patients and warn them of the possible error.

Continue reading "Sanctions For Hospital That Conducted Unnecessary Heart Stent Procedures" »

Blog readers are well aware of the dangerous infections that many patients develop during hospitals stay. These hospital inquired infections can be extremely harmful and in almost all cases are preventable if proper steps are taken by medical staff.

Similarly, a disturbing new study explored last week in Consumer Health Today explained that anesthesiologists often pass on germs to patients during medical operations. Researchers examined over 164 operating room procedures and found that in 11.5% of cases bacteria was transmitted to the intravenous line valves. Even when not reaching that line, in over 90% of cases bacteria reached the operating room in one way or another.

The research went further in determining the major source of the problem. Half of those cases of bacteria transfer were caused by germs that originated on the hands of anesthesiologists who were involved in the operation. One researcher explained, ‘Contamination of provider hands before patient care…represents an important modifiable risk factor for bacterial cross-contamination.”

The solution is simple: hand washing.

As it now stands not enough anesthesiologists are properly disinfecting themselves before operations. There are few excuses to be made for the poor hand-washing compliance, because the need for the process is well-known.

Continue reading "Failure to Wash Hands Continues to Spread Germs to Patients" »

The President of the Illinois Trial Lawyers Association recently sent a letter to the editor that was published in the Quad Cities Dispatch. The crux of the letter was an attempt to set the record straight about recent claims being pushed by the Illinois Medical Society—the lobbying arm of doctors in the state.

The group attempted to use a self-created survey to claim that new graduating doctors from Illinois medical schools were fleeing the state because of malpractice lawsuits. The reality is much different. Even the survey itself admits that many Illinois markets, including Chicago, are “oversaturated” with doctors. That means that the area has more doctors than is otherwise needed based on the population. No honest claims can be made about doctor shortages.

Those doctors who leave the state are shown to be motivated by two factors: job opportunities and to fulfill prior plans. In other words, the fear of malpractice liability in Illinois specifically is of little to no consequence. Instead, as one would expect, the new graduates leave the state to locations where jobs are more promising because there is not oversaturation. Alternatively, many new doctors never intended to practice in Illinois.

The facts are simple. The number of doctors in Illinois has been increasing steadily in recent years. It has never declined in the last 45 years.

Continue reading "Debunking Claims About Doctors in Illinois Leaving Because of Medical Malpractice Lawsuits" »

Chicago Breaking News reported last week on a secret monitoring program for potentially abusive doctors that remains hidden from the public.

Several years ago the state’s doctor’s lobby pushed for the creation of the Illinois Professionals Health Program—a project that provides private treatment for health care professionals with sexual misconduct problems. Some of the doctors involved were criminally convicted for their conduct.

The group has been criticized from its inception.

No one questions the importance of proper treatment for all citizens who have shown problematic conduct, including those who commit sexual crimes. However, besides treatment it is also imperative that there be disciplinary action and information sharing with the public. It is vital that all those seeking medical care have reasonable information about the risks of visiting a potential doctor.

That is where the health program is problematic.

The treatment program is shrouded in secrecy. The private program is almost entirely walled-off from the public. That means that abusive doctors are allowed to use the program as a way to hide their problems from the public and treat patients following their misconduct without any repercussions at all. For example, one Illinois doctor from a Chicago suburb entered the program after he was convicted of sexual abuse and battery of a patient. By entering the program, the doctor avoided all public discipline because of the private monitoring. He now continues to practice. In many ways the program acts as a get-out-of –jail free card.

Continue reading "Doctor Sexual Misconduct Needs To Be Explained to Illinois Patients" »

Since the official August recall of certain DePuy hip implants, thousands of patients have taken steps to check the safety of their own devices. In the Chicago area many individuals who had hip implants in the last several years have discovered that their device was defective and in need of replacement. The problems with the device vary, with some patients suffering extreme complications shortly after their surgery and others experiencing difficulties only much later. In all cases, however, the cause of the hip concerns lie squarely at the feet of the DePuy officials who made the defective product and continued to push for its use after concerns about it arose.

New data from the National Joint Registry and republished in Drug Watch suggests that woman are more likely than men to suffer problems with their DePuy hip implant. Specifically, patients with small hips (those with femoral heads below 50mm in diameter) were more likely to need revision surgery. Women have hips more frequently smaller than men, leading them to suffer more complications from the defective hips.

Over 93,000 patients have undergone surgery using the problematic implants since 2004. The recall was issued in August after much higher than average failure rates. Patients suffered a variety of maladies including bone fractures near the implant sight, implant dislocation, and metallosis. Metallosis is caused when fragment of metal break from the device and enter the body.

Continue reading "DePuy Hip Implants May Fail More Frequently in Women" »

CNN News reported this week on the results of new research that reveal doctors who are sleep-deprived often pose a unique risk to unsuspecting surgical patients.

Overall, researchers found that while falling asleep during surgery is rare, sleepiness poses extreme negative consequences on medical care long before the doctor actually falls asleep. T he chief researcher from the Harvard Medical School explains, “The level of impairment is profound well before you get to the point of being so exhausted that you fall asleep.” In fact, performing surgery while sleepy has been found comparable to driving with a blood alcohol level of .1%, a level of illegality in all 50 states.

To help combat the huge risks and damaging effects of sleepy surgery, researchers are urging all medical institutions to put into place new policies to help handle the problems of sleep-deprived doctors performing surgery. However, few facilities currently have those policies. At a minimum, the study authors believe that doctors should tell patients about their sleep status before performing any non-emergency procedure. In that way, patients are given the control over their own care—choosing either to postpone the surgery or pick a different surgeon.

Continue reading "Doctors Need To Disclose Sleep Fatigue Before Surgery" »