Illinois Medical Malpractice Blog

One type of patient safety program implemented in several areas involves linking state payments with their performance on standardized measurements of medical care quality. This is accomplished by having a review board set the rates at which hospitals are capable of charging for certain procedures. For example, if a hospital has what is deemed an unacceptable level of medical mistakes in a given period, that facility will have its maximum charge amount lowered.

The Baltimore Sun wrote last week on nine different hospitals in its area that faced just such penalties because of poor medical care. The hospitals in this case were involved in a program that keeps track of nearly 50 different medical complications—problems that hospitals should be able to prevent with proper care free of medical malpractice. Those include blood clots, urinary tract infections, and similar issues. The hospitals that perform worst on these measurements as compared to other hospitals are then penalized for their care. The inverse is also true, with the best performing hospitals receiving a financial boost for their commitment to ensuring patient safety.

Thus far the new programs are seeing some success. One commission reports that complication rates are falling and costs are actually being saved—one state had a 12% reduction in complications with nearly $62 million in healthcare savings. The ability to make improvements in these areas is clear when hospitals have real incentives to make the changes.

One advocate explained the benefit of the programs seeking to “show patients and people who pay for health care where they are getting their best value. That’s a combination of efficiency and quality.”

Continue reading "Hospital Penalized for Number of Preventable Medical Mistakes" »

On many occasions this blog has included calls for improvements in patient safety efforts. The number of patients killed by medical mistakes remains staggeringly high—98,000 a year according to recent reports.

Encouraging news from Modern Healthcare indicates that steps may soon be taken by the Centers for Medicare and Medicaid Services in an attempt to improve the safety of all medical patients.

One of the focuses of the initiative will involve making “best practices” for eliminating certain mistakes more widely shared among hospitals across the country.

Citing certain programs that have virtually eliminated specific medical errors at isolated hospitals, the current CMS chief administrator Dr. Donald Berwick hopes wants particularly dangerous hospitals made aware of those successful programs. The CMS head did not indicate whether the effort would involve new regulations or a grant program. However, he reiterated that patient safety measures are high on the priority list for the upcoming year.

Dr. Berwick also emphasized the role played by improving information technology. They offer coordinated tools to create patient specific care plans that may ensure better overall care. He also mentioned the use of Accountable Care Organization (ACOs) to ensure there was proper tracking of problematic medical events.

Continue reading "Efforts Underway to Improve Medical Patient Safety" »

One of the founding partners at our Chicago medical malpractice law firm, Steve Levin, is calling upon all citizens to stand united against an advancing piece of federal legislation known as H.R. 5. The bill, Health Efficient, Accessible, Low Cost, Timely, Health Care (HEALTH) Act of 2011, was recently passed by the House Judiciary Committee and is expected to be voted on by the entire U.S. House of Representatives soon.

The advancement of the dangerous bill makes it all the more important for thoughtful citizens to do everything in their power to voice disapproval of the measure. As we have frequently documented on this blog, H.R. 5 proposes a variety of legal changes that would have the effect of handcuffing the rights of medical malpractice victims.

Specifically, the bill would cap noneconomic damages of victims at $250,000. On top of that, the time given to injured patients to make the decision to file a lawsuit would be cut in half by the legislation. These misguided efforts are being taken to limit the rights of victims even though over 98,000 people die every year because of medical errors. Logic would dictate that Congress spend more time working to limit those losses instead of limiting the legal rights of those suffering from negligence.

In fact, medical malpractice cases actually play a role in improving the care provided by medical professionals. Steve Levin explains that, “When health care providers are sued and required to pay damages to victims, they are motivated to improve patient care to avoid being sued again. If lawmakers reduce the threat or consequences of medical malpractice lawsuits, we will see dramatic decreases in the quality of health care, and an increase in healthcare costs.”

Continue reading "Chicago Medical Malpractice Lawyer Speaks Out Against Health Care Reform Bill" »

The spreading of misinformation about tort reform continues unabated in public forums across the country. Things are no different in this part of the nation as some special interests continue to argue that Illinois medical malpractice lawsuits are causing a healthcare “crisis.” The only solution, say these proponents, is legislation that takes away the rights of negligence victims.

The truth, however, shows that not only do medical malpractice cases have nothing to do with the issue, but there is no actual “crisis” at all. A guest editorial in the Belleville News Democrat recently explained the actual state of affairs. One common claim is that doctors are fleeing the state because of the threat of lawsuits. In reality the number of doctors in the state has increased without exception for the last 45 years. In fact there remains an oversaturation of doctors in many of the most populous parts of the country.

One tort reform proponent attempted to claim that a doctor shortage in the town of Hillsboro was related to Illinois medical malpractice lawsuits. But even a cursory look at the facts would show that there was only a single such case filed in that county last year. It is hard to imagine a single lawsuit having anything to do with some claimed “crisis.”

Concern about misinformation of tort reform claimants doesn’t necessarily mean that no policy changes need be made. For one thing, insurance reform should be seriously considered to improve transparency of rate-setting practices and payouts. However, the public will never benefit from policy discussions that use proven falsehoods and distortions as their starting point.

Continue reading "Illinois Medical Malpractice Lawsuits Not Causing Healthcare “Crisis”" »

The St. Louis Post published a story this morning that emphasizes the huge costs that would be incurred by average citizens if “tort reform” proposals become law. The debate typically involves some big interests making claims about the “problems” with medical malpractice lawsuits therefore necessitating these changes. Patient advocates continue to challenge the scope of the exaggerated problem.

Less frequently mentioned is the effect these changes would have on citizen rights. In other words, we advocate against tort reform not because it is unnecessary (though it is unnecessary), but because it would have dangerous effects on the rights of innocent victims.

All citizens have the constitutional right to a trial by a jury. That right inherently involves the option of having the jury hear the evidence in a case, decide upon liability, and evaluate the losses to determine an appropriate remedy. The point of having this right in constitutions (at both the federal and state level) is specifically because our founders did not want it violated by legislative action.

Alexander Hamilton once mentioned that while the nation’s early leaders often disagreed on certain principles, “if they agree in nothing else, [they] concur at least in the value they set upon the trial by jury.” It is vital that victims retain that right in current medical malpractice trials.

Continue reading "Illinois Medical Malpractice Reform Would Have Huge Costs" »

A new comprehensive article released by the Center for Justice & Democracy critiques the existence of “defensive medicine.” The claim about use of unnecessary medical procedures remains one of the common refrains made by powerful interests seeking to limit medical malpractice lawsuits.

However, arguments about the effect of “defensive medicine” on healthcare costs are entirely 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.

For claims about defensive medicine to be true, one must believe that physicians are guilty of performing unnecessary medical procedures (in contravention of Medicare law) and exposing patients to unnecessary testing, radiation, and the like. No objective evidence supports that claim, and it proffers a very pessimistic perspective of physician judgment.

Even if one believes these false claims about defensive medicine, the practice itself has little effect on healthcare costs. One doctor quotes in the article explains that "the costs, if any, of defensive medicine, are trivial, in comparison to the medical and social costs of negligence."

Continue reading "New Report Sheds Light on Myth of Defensive Medicine" »

Boston.com reported last month on the culmination of a tragic legal battle alleging medical malpractice following the death of a 4 year old girl.

The young female victim died after her psychiatrist at Tufts Medical Center prescribed her an overdose of a psychiatric drug. The medication error involved pills that were intended to help handle the girl’s claimed hyperactivity disorder and bipolar illness. The medical professional reached the settlement after the victim’s parents were convicted in criminal trials of recklessly dispensing the drugs to their daughter.

There remains much confusion over the psychiatrist’s role in the death. The doctor had diagnosed all three of the family children with the disorders, prescribing them all mood altering drugs. Testimony indicated that the doctor was fooled by the parents into believing that the children had the problems, even though objective evidence showed little signs of medical issues. The parents were seeking the diagnosis and mood-altering drugs so that they could collect federal disability checks.

Besides the $2.5 million payment, the settlement agreement requires the medical facility to set up educational and outreach programs to ensure that similar tragedies are caught before lives are destroyed. As the judge in the case explained, “there is no amount of money that can right this wrong.”

The settlement will go to the girl’s two siblings with whom she lived before her death. Those children’s lives have obviously been turned upside down by the death of their sister and arrest of both parents.

Continue reading "Medical Malpractice Lawsuit Ends in $2.5 Million Settlement" »

We have recently paid close attention to the status of a tort reform bill introduced last month in Congress known as H.R. 5. The legislation represents a dangerous combination of legal changes that would severely curtail the rights of innocent victims of negligence. The misconceptions and falsehoods used to promote this unnecessary legislation has been frequently debunked on this blog over the past few months.

The bill is particularly troubling because of its large scope—it applies to medical malpractice claims, nursing home claims, and wrongful death lawsuits. 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.

Unfortunately, the American Association for Justice reported this weekend that H.R. 5 recently passed its first legislative hurdle after being approved by the House Judiciary Committee. The legislation will next be considered by the entire House of Representatives as early as next month.

Continue reading "Illinois Medical Malpractice Watch: Dangerous Tort Reform Bill Advances in Congress" »

The Center for a Just Society recently posted a detailed essay about tort reform written by an experienced attorney who has worked on all sides of the legal system. The author explains that his opinion on the merit (or lacking thereof) of tort reform was rooted in his experiences as both defense and plaintiff’s attorney in medical malpractice lawsuits.

The essay explains how the vast majority of medical malpractice cases that are actually accepted by attorneys are those with merit. Most attorneys take dozens of calls from potential clients in cases in which it is clear that there is a mix-up between negligence and an undesired result. Attorneys are well aware of the difference and explain that difference to disgruntled patients. Even with the patients whose cases are clearly meritorious, claims require thousands of dollars in upfront attorney investment time and costs just to get the case started.

Only then are potential experts consulted who can explain the actions that a reasonably competent medical professional should have taken. By this point after upwards of $15,000 have already been invested by many lawyers, and it is only then that an attorney is truly aware if their case has the potential to win in court. That huge initial investment means that almost no attorneys are willing to take on “frivolous” lawsuits. It remains prohibitively costly for any reasonable attorney to waste time with those unnecessary cases.

Continue reading "Illinois Medical Malpractice Watch: First Hand Look At Tort Reform" »

A young girl was recently the victim of an egregious emergency room mistake that ultimately caused her to suffer catastrophic physical amputations. Fox News reported on the story after the filing of a medical malpractice lawsuit on behalf of the 2-year old child.

The young girl was taken to the Methodist Hospital near her Sacramento home in November. She was suffering from a severe fever and rash. Upon arriving at the hospital she was forced to wait over five hours in the emergency room. She received no treatment, and her condition deteriorated quickly. Doctors eventually discovered that she had a staph infection as was going into liver failure. After being rushed to two other hospitals, a different group of physicians were forced to amputate both her feet and one hand.

The victim’s mother recounts the horrific decision she was forced to make explaining that doctors told her, “Your daughter is dying and the only that we can do to save her is amputate.”

The girl is now in rehabilitative therapy. She will likely require extensive rehabilitation to help her acquire as much functionality as possible while missing the limbs. Her family has filed a medical malpractice lawsuit seeking to recover the cost of the mistake, including medical bills and rehabilitation therapy.

Continue reading "Emergency Room Mistake Caused Toddler to Lose Both Feet and a Hand" »

This blog is consistently filled with information on the latest developments in the public debate around tort reform. Medical malpractice law is seemingly always in the news as insurance companies and other big business interests continue to pressure lawmakers to enact statutes taking away rights of legal victims. Fortunately, there remains a cadre of advocates, who fight for the rights of medical victims by countering the mistaken assertions made by these special interests.

Recently the Illinois Trial Lawyers Association (ITLA) published a report that summarized the recent letters sent by the President of the ITLA to local newspapers. These letters, many of which were reported on this blog, made factual and logical assertions debunking many of the false claims made in support of so-called “tort reform.”

For example, some letters have pointed out that, contrary to certain claims, there is an oversaturation of doctors in the Chicago-area. This means that there are more doctors here than would otherwise be needed based on the population. The doctors who leave the area typically do so to find work in places where there is less saturation. Besides that, most other new doctors who leave do so because they never planned on practicing in Illinois from the start. Medical malpractice lawsuits have nothing to do with it.

Other letters have spread accurate information about a wide range of topics from defensive medicine to the constitutional foundations of right to jury trials.

Continue reading "Defending Illinois Medical Malpractice Victims Requires Year-Round Advocacy" »

High-profile studies have recently emphasized the scope of the problem of medical mistakes across the country. As blog readers are well aware, almost 100,000 patients are killed each year because of preventable medical errors. Many other victims experience various degrees of problems because of the negligent actions of their medical providers.

With all of the attention paid to these examples of medical malpractice, many advocates sought to institute changes that would improve medical care and lower the instances of error. Unfortunately, new research our of the Harvard & Stanford Medical Schools and summarized late last year in Science Daily found that those efforts are thus far having little effect.

The five year study examined instances of medical mistakes at hospitals from 2002 to 2007. The research focused on hospitals that had shown a particularly strong commitment to improving patient safety, making the lack of positive changes even more disturbing. It is likely that the results are no different when looking specifically at Illinois medical mistakes.

One of the study’s authors explained the take-away lesson from the research, “Our findings are a call to action for the health-care system. We need a nationwide strategy for reducing harm from medical care.”

Continue reading "Medical Mistake Rates Persist Despite Effort" »

The President of the Illinois Trial Lawyers Association wrote a letter to the editor last week published in the Madison-St. Clair Record. The letter sought to correct one of the most common myths around medical malpractice lawsuits.

The oft-asserted belief is that medical malpractice lawsuits are the cause of doctor fleeing the area. The most basic objection is that a recent survey funded by the Illinois State Medical Society itself found that the most populous areas of the state actually have an oversaturation of doctors. There is no shortage at all. There has never been a decline in doctors in the state over the last 45 years, according to the American Medical Association.

Besides that, there is literally zero evidence connecting Illinois medical malpractice lawsuits to a doctor’s decision to leave the state. A recent article attempted to show otherwise by claiming that certain areas of the state had shortages of doctors. However, the example used (Hillsboro, Illinois) is a city that has barely any medical malpractice lawsuits filed each year—only one in 2010. Obviously, a single lawsuit cannot be blamed for a shortage of doctors. Even the example used to support a made-up claim fails in even this most basic regard.

Continue reading "Illinois Medical Malpractice Watch: Setting the Record Straight on Doctor Shortages" »

When we discuss tort “reform” on this blog we are typically referring to the attempts by some to limit the damage awards reached by impartial, unbiased juries. Damage caps are likely the most discussed part of these so-called reforms. As we’ve attempted to show repeatedly, those caps act as an arbitrary infringement upon the rights of a jury to make decisions in our legal system. The ramifications of efforts to handcuff juries will be seen in all Illinois medical malpractices cases.

One facet of the debate that receives less attention that it warrants is the alternatives to arbitrary damage caps. As an article in the Huffington Post points out, even if all the dubious assertions made by proponents of tort reform are true (unlikely), there still exists superior alternatives actions to random caps on the awards provided by juries.

For example, even if there are some frivolous lawsuits—as claimed by doctors—why would that automatically mean that legitimate claims should be punished because of the frivolous? Turned on its head, the concept would mean that all doctors should receive lower Medicare payments because some doctors make fraudulent Medicare claims. The logic behind blanket restrictions on the rights of all victims fails.

Of course, there also remain other alternatives to solving this claimed crisis. Malpractice insurance premiums can be capped if doctors feel the rates are too high. There is no reason why the victims of the poor medical care should be the ones who are forced to suffer. The minimal discussion alternatives are telling, as insurance companies and other major interests are at least partially behind the effort to take away victim rights with damage caps. A clear motive behind the effort is less to reign in claimed excesses but to immunize certain sectors from the responsibility that comes with providing medical care to their community members.

Continue reading "Illinois Medical Malpractice Watch: Alternatives To Taking Away Victim’s Rights" »

Our Founding Fathers valued liberty and created our founding documents with an eye toward creating a system of individual rights and fair government procedures. Our civil justice system remains a unique American hallmark. Our Constitution, a document with few revisions over the last 230 years, specifically lists the importance of a jury trial as one of those enshrined liberties. The right of juries to hear evidence fairly presented by both sides and decide upon a judgment is a cornerstone of our national system. Changes will have drastic effects on all Illinois medical malpractice victims.

That is why it is shocking when those who most often call for respecting the constitution have so little regard for this principle of justice. These claimed conservatives are often vocal supporters of “tort reform,” a misguided effort to undermine the jury trial in the country. As a recent editorial written by the Center for Just Society explained, it is similar to a politician calling for the right to vote to be taken away from citizens. The affront to liberty is similar in both cases.

Tort reform claims boil down to the fact that many big interests do not like the decisions reached by some juries and therefore seek to strip all juries of some of their power. It is a direct affront to the principle of a nation ruled by its citizens. Just as our elected officials are selected by the people, our judicial decisions are made by fellow community members. Tort reform is therefore simply a power grab from the people and toward specific interests. It is based on distrust of average citizens and fear of the choices made by community members. It is a disrespect to all those who value personal responsibility.

As is so often forgotten, jury trials represent a check on powerful government interests. Teddy Roosevelt explained that juries “protect us from the harsh hand of government.” We are at the edge of a dangerous precipice when we chose the arbitrary mass decisions of the government over the judgment of our own citizens.

Continue reading "Illinois Medical Malpractice Watch: The Erosion of Our Liberty" »

The LA Times reported last week on a wrongful death lawsuit filed after a tragic surgery killed a 50 year old woman.

The victim underwent a “Lap Band” surgery in July of this year at the Simi Valley Hospital. The surgery involved the insertion a silicone ring around a portion of her stomach to aid in proper eating and weight loss. However, without informing her or her husband, surgeons accidentally lacerated the woman’s liver in three locations during the surgery. The lacerations caused three liters of body fluid to seep into her abdominal cavity.

Upon discharge from the hospital the woman suffered severe pain. It wasn’t long before she was rushed back to the facility for emergency care, but there was little to be done. She died five days after the surgery. The surgeon who performed the operations claims that heart failure caused the woman’s death, not the surgery.

Several other Lap Band patients have also died following the procedure. Some of those victims have also filed wrongful death lawsuits following the deadly surgical mistakes.

Surgical errors are a common form of medical malpractice. Patients are often at risk for complications when their surgeons and nurses make mistakes when performing these risky operations. All patients should be guaranteed a basic level of care when they submit to the surgery.

Continue reading "Surgical Error Leads to Wrongful Death Lawsuit Following Weight Loss Procedure" »

Many plaintiffs in new DePuy hip implant lawsuits are arguing that the company which manufactured and sold the products waited too long before recalling the devices.

According to Lawyers and Settlements, claims made by victims of the defective implant are suggesting that the company was aware of problems with the devices long before they stopped giving them to patients. Hip implants are suppose to last up to 20 years, but a large number of patients with DePuy implants required revision surgery in less than 5 years.

As one advocate involved in the DePuy hip lawsuits explained, the recall “has come too late for thousands of Americans…who will now live with the consequences of these faulty devices for years, if not the rest of their lives.”

Overall, over 93,000 patients have undergone surgery using the problematic implants since 2004. The recall was issued in August after pressure built upon the manufacturers, Johnson & Johnson, over the 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 "Company Waited Too Long To Issue DePuy Hip Recall" »

This month the American Association for Justice released a comprehensive new report entitled, “Medical Negligence: The Role of America’s Civil Justice System in Protecting Patients’ Rights.” The medical malpractice report provides a broad and worthwhile overview of the prominence of medical errors and the way in which victims are aided by the justice system.

One of the main communication techniques used by big insurance companies and the medical to skew the debate around healthcare justice involves framing the issues as a medical malpractice lawsuit problem, instead of merely a medical malpractice problem. As the report highlights, the Center for Disease Control (CDC) estimates that over 98,000 Americans are killed each year by preventable medical errors—making it the nation’s sixth biggest killer. The lawsuits stemming from those errors are only a judicial response, not the problem itself. All talks of “tort reform” need to begin with the goal of actually reducing the number of torts (i.e. medical errors). In that way, lives are saved and families preserved. Lives must be prioritized about profit maximization for insurance companies and other big interests.

Virtually all Illinois medical malpractice claims have merit, according to mounting research data. In fact, studies have indicated that there are far more instances of medical errors that are never compensated than the reverse. The truth remains that most patients simply want their medical professionals to be accountable for the work they perform. Too often the victims are kept in the dark, and lawsuits are one of the only ways to learn what truly happened to themselves or their loved one. Full disclosure by hospitals almost always lowers the number of medical negligence claims made; all hospitals should embrace the concept.

All of this reveals that the best way to reign in healthcare costs is not by destroying the civil justice system itself but by better efforts at patient safety. Medical malpractice costs account for a mere fraction of the overall healthcare bill. However, costs associated with complications following errors run in the hundreds of billions. All reform efforts need to begin there.

Continue reading "Illinois Medical Malpractice Watch: AAJ Patients’ Rights Report" »

One of the challenges of the debate around the so-called “reforms” of the medical malpractice system is the consistency in which misinformation permeates. Misunderstandings about the situation are repeated in newspapers, public conversations, government hearings, and elsewhere. Fortunately there is a growing chorus of advocates who are standing up to repel the falsehoods.

For example, the President of the Illinois Trial Lawyers Association wrote another letter to the editor that was published in the Daily Herald last week. In it the advocate seeks to set the record straight on one particularly common assertion about the effect of Illinois medical malpractice lawsuits on doctors. The paper had repeated information about a “study” conducted out of a medical school that suggested doctors were fleeing the state because of the cost of lawsuits.

In truth, the study was nothing more than a survey taken of certain doctors. And even then, the survey itself actually revealed that there is an oversaturation of doctors in the Chicago-area. This means that there are more doctors here than would otherwise be needed based on the population. The doctors who leave the area typically do so to find work in places where there is less saturation. Besides that, most other new doctors who leave do so because they never planned on practicing in Illinois from the start. Medical malpractice lawsuits have nothing to do with it.

To quell this mythical fleeing of doctors, some are calling for caps on damage awards made by juries. Of course, as has been shown in dozens of states, these caps will do nothing to lower insurance premiums or otherwise incentivize doctors. Instead, the caps merely take away the legal rights of certain victims at the hands of big insurance interests. The rich stay richer and the victimized go without.

Continue reading "Illinois Medical Malpractice Lawsuits Are Not the Problem" »

We have frequently mentioned the arbitrary nature and illogical outcomes produced by medical malpractice damage caps. NBC 2 News reported on a medical malpractice lawsuit that highlights those damaging effects created when the victims of medical errors have rights ignored.

A family filed a medical malpractice lawsuit after a medical error caused severe injury to their young daughter. Three years ago a hospital negligently prescribed a dose of nutrients 100 times stronger than necessary. The little infant’s frail body could not handle the massive intake. The young girl suffered cardiac arrest—she is now blind and suffers from cerebral palsy.

After hearing all of the evidence about the error, the losses suffered by the family, and the future expenses that will be required, a jury found the hospital guilty of malpractice. The community members awarded the family $19.2 million dollars. However, because of liability malpractice caps, that award to pay for the young girls care may be cut by a staggering 90%. The joint decision of neutral community members on the appropriate remedy for the situation is virtually ignored at the expense of those caring for the young girl.

If recently proposed federal legislation known as H.R. 5 is approved, than all Illinois medical malpractice victims will suffer the same erosion of rights. It represents a misguided, unnecessary, illogical shift in power away from victims and toward negligent big interests. All those interested in justice must stand in opposition.

Continue reading "Medical Malpractice Verdict Highlights Problems With Malpractice Caps" »

A common assumption is that medical mistakes involve poor care by doctors at hospitals that lead to patients suffering physical and emotional pain. Thousands of Chicago medical malpractice victims are proof of that reality.

However, as California Watch explained in a story this weekend, there is another area in the medical industry where costly mistakes are often made—the autopsy room. The problems of autopsy errors appear to be growing as coroners begin hiring private firms to assist with the workload. Those firms are often shown to make ghastly errors. The mistakes include dissecting the wrong body and giving inaccurate testimony about their findings at trials.

The investigation into the private autopsy world has shown that rushed caseloads are a primary reason for the problems. The situation highlights the danger of a focus on profit maximization. Some private autopsy companies conduct three autopsies in a single hour, with some employees performing nine in a single shift. Experts in the industry explain that those numbers are very high, leading to rushing and mistakes.

In addition there are concerns about the type of employees that work at these locations. Some of the employees include physicians who were fired from pubic autopsy agencies for poor work. Their hiring by private companies provides these substandard physicians with more opportunities to make mistakes and harm lives.

One expert explained, “They [private medical group employees] are not being vetted in terms of their backgrounds, their skills, their ability. You hire a company, and you take the company as a whole. And you never know what you’re getting.”

The concerns about these autopsies have important ramifications on many areas. Judges, juries, lawyers, and family members all rely on the actions of these groups to help piece together the causes of many deaths. If the findings of these autopsies are the product of poor medical expertise, than there is much cause for concern.

Continue reading "Autopsy Mistakes--Little Known Form of Medical Malpractice" »

Avvo reported last week on the culmination of a medical malpractice lawsuit stemming from a birth injury.

The actual medical error leading to the trial occurred 18 years ago. The negligent obstetrician-gynecologist was presiding over the delivery of a baby girl when problems developed. However, the negligent doctor failed to act in a timely manner to help prevent complications from developing. Specifically, the doctor allowed a substantial time delay between the complications and the ordering of surgery. As a result of that error, the child suffered fetal asphyxia caused by umbilical cord compressions.

The damaging occurrence often leads to neurological problems in the infants, including cerebral palsy or even death. The child born here suffers from a number of developmental problems.

After hearing the evidence, the jury in this case found that the doctor’s poor care was a substantial factor in the girl’s asphyxia and subsequent neurological problems. They awarded her $3 million for her losses from medical malpractice.

As blog readers are aware, quick action is crucial during childbirth. Even small delays in decision-making can be the difference between life and death. All childbirth doctors know this and are therefore held to a reasonable standard of care when they aid in deliveries.

Continue reading "Birth Injury Lawsuit Leads to $3 Medical Malpractice Verdict" »

Many national lawmakers are standing firm against the misguided, hypocritical efforts to take away the rights of medical malpractice victims. We’ve continually documented the misleading claims made by proponents of tort “reform,” and the direct constitutional mandates standing in opposition to it.

However, those seeking to take away judicial decisions from juries remain committed to the measure, pushing forward legislation in Congress that seeks to enshrine anti-victim principles. If passed, the legislation would have debilitating effects on all Illinois medical malpractice lawsuits.

Fortunately, there are many members of Congress who are stepping up to confront the distortions made about medical malpractice claims and concerns, according to Boston.com. Even the President, who suggested he was open to some compromise on the issue during his State of the Union address, is clearly opposed to some of the most arbitrary “reform” measures. For example, he opposes malpractice damage award caps. The caps would create arbitrary award limits, regardless of jury decisions and without any thought to the specifics of each case.

Those who work with victims of medical malpractice are well aware that awards by juries in civil cases represent one of the only ways for negligent medical professionals to be held accountable for their conduct.

US Senator Patty Murray explained, “I’m not going to throw people under the bus and say if something happens to you, you are not going to have the support you need.”

Continue reading "Illinois Medical Malpractice Reform Watch—Many Legislators Stand Against “Reform” Claims" »

Millions of Americans are harmed each year because of medical errors that should have been prevented. The vast majority of those victims will remain silent about their loss, often because they themselves do not immediately find out about the mistakes. Many times it isn’t until long after the care is provided that victims of medical malpractice become aware of the problem. This silence is one way that many citizens remain misinformed about the true scope of the medical mistake problem.

To help put faces onto the issue, Public Citizen is asking for Americans to share their personal stories of medical malpractice and loss. If you are someone you know has suffered because of one of these errors, the group is asking that you visit their website and fill out a survey about the incident.

In this way, the real lives and experiences of those who have dealt with medical mistakes can be shared with the world. It will go a long way to help lift the veil of silence that remains over much of the situation. The information will also help lawmakers who are currently debating legislation related to medical malpractice and the rights of those victimized by it.
Specifically, an introduced bill, H.R. 5, is particularly troubling for those who care about medical victims—the bill would apply to medical malpractice claims, nursing home lawsuits, 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.

Continue reading "Share Your Illinois Medical Malpractice Story" »

The New York Times reported yesterday on a hot-button issue related to childbirth and medical malpractice. In a move that has angered many families expecting children, some hospitals have banned or restricted the use of cameras during the child delivery process. For many families early photographs and videotapes of the event are priceless memories that are cherished. However, others are not allowed the opportunity to capture those memories as some hospitals move to keep secret the goings-on of a delivery room medical staff.

What is perhaps shocking is that the main motivation for the ban has nothing to do with patient safety but doctor legal protection.

The story explains that the impetus for the rule in many places is the fear that when problems arise juries will be able to see the video. That is exactly what happened in an Illinois medical malpractice lawsuit following the birth of a child at the University of Illinois hospital with shoulder complications and permanent injury. The father in that case had been recording the developing problems, capturing honest reactions from doctors and nurses about what went wrong and what “should” have been done. In that case, the jury ultimately awarded the victims $2.3 million for the medical errors.

One doctor said, “I openly admitted to my co-workers that I practice defensive medicine [and] take offense…that now I have to be videoed to prove that I’m providing good care.”

No national standards dictate the videotaping policy in hospital rooms, so hospitals are free to create a policy of their own. However, when openness and honesty are touted as the keys to superior medical care, there would seem to be nothing to fear from allowing families to tape the moment.

As one hospital’s obstetrics chairman that allows taping explained, “We’re trying to be as transparent as we can. If something goes wrong, we try to explain immediately what happened. A video is not inconsistent with the goal of trying to be transparent.”

Continue reading "Illinois Medical Malpractice Lawsuit Spurs Some Hospitals to Ban Cameras in Delivery Rooms" »

About Lawsuits reported on the latest developments related to the DePuy hip recall lawsuits. Johnson & Johnson, the company that owns the orthopedic business that created the defective hips, recently released financial information that sets aside money it expects to pay because of the problematic medical devices.

Specifically, the business set aside nearly $1 billion to cover costs related to the defective hip implants. It is yet unclear what percentage of that figure is expected to be spent on litigation defense, payouts to victims and other costs.

Experts admit that the overall total cost to the business will rise well above $1billion. Frequent blog readers are aware of the growing number of lawsuits filed on behalf of the many victims--including many in Illinois . Thousands of lawsuits are expected to be filed, with more victims stepping forward every day. Many of these victims have suffered a variety of severe complications because of their receipt of hip implants that failed at an unacceptable rate.

Initially the fail rate was revealed to be a high 12-13% of all implants. The continued monitoring of patients has led many doctors to believe the total fail rate will ultimately prove to be much higher.

Continue reading "Illinois DePuy Lawsuits Likely Part of Over $1 Billion in Projected Settlements" »

Earlier this week we shared information from the 7th Amendment Advocate that put the debate about tort reform into a constitutional context. Respect for the Bill of Right demands that all of the guarantees promised by our Founders be understood and protected. That includes the 7th Amendment right to a jury trial in civil matters. Doing otherwise would undermine the important Constitutional mandate, increase the scope of the federal government power, and limit the rights of individual citizens—all things most conservatives work to reject.

The 7th Amendment Advocate created a laundry list of specific reasons that all constitutional conservatives should stand arm in arm against so-called malpractice reforms (like the recently introduced bill in Congress, H.R. 5).

For example, the 10th Amendment specifically protects states’ rights. But that federalism principle is destroyed with blanket rules forced upon all states and individuals by Congress. In addition, the passage of this “reform” would simply require more government spending, because victims would be forced to seek public assistance to recover their losses. If the doctors and businesses who negligently cause mistakes are not forced to pay for the losses caused than that duty will fall to the public at large through increased Medicare and Medicaid payments.

The fact remains that the undermining of malpractice victim rights provides a stepping stone to the curtailing of many other rights. Freedoms for religion, gun owners, and the like are all up for grabs if the guarantees of our Founders are treated as little more than suggestions to be taken away upon the whim of certain powerful interests.

Continue reading "Conservative Reasons to Oppose Medical Malpractice “Reform”" »

Misinformation abounds when it comes to tort reform. Public relations teams with insurance companies and other big business have been working for years to manufacture the idea that “frivolous” lawsuits are causing nationwide problems. As we have pointed out repeatedly, the assertions made by proponents of this “reform” are often completely wrong and virtually always overblown.

One filmmaker took to the screen to set the record straight about tort reform with stories about the real lives involved in these lawsuits. Reuters recently discussed the wide support the film—known as “Hot Coffee”—has received from those who’ve seen it. Audiences continue to give it great reviews since its premiere at the Sundance Film Festival.

In it the filmmaker takes a look at the actual individuals behind many of the cases that would be affected by laws limiting victim rights. She explores the infamous McDonalds coffee case, showing the horrific pelvic injuries the elderly victim suffered when a cup of nearly boiling coffee was spilled into her lap. The document reveals how the victim initially only asked the mega-company to pay for her medical bills but was rebuffed by the arrogant corporate giant.

The movie also examines a problem that our Illinois medical malpractice lawyers know well—the widespread use of mandated arbitration clauses. These legal requirements are buried in the fine print of all sorts of agreements. These clauses are used to take away a victim’s right to sue, forcing all disagreement into arbitration hearings. Those hearings are typically skewed toward the big interests, with unique rules and requirements that often work against the victim.

Continue reading "Documentary “Hot Coffee” Sets the Record Straight on Tort Reform Debate" »