Illinois Medical Malpractice Blog

Many cases related to DePuy hip implants have been brought to many Chicago medical malpractice lawyers. Blog readers are well aware that the DePuy medical device used in hip replacements has malfunctioned in many patients, leading to a recall of thousands of the defective products. The problems, increased rissk, medical expenses, and other ramifications of the defective have cost victims billions of dollars, not counting the non-monetary damages.

The DePuy problems have led many to closer scrutinize the Food and Drug Administration approval process that allowed these damaging products to enter the market. As reported in Pilot Online News, it was soon discovered the Depuy hip implants were one of many products approved for use in a less demanding approval process known as the 510(k) exemption.

The emption is supposed to streamline a product’s use on the general public if that product is substantially similar to a product already on the market. However, by far the majority of products ultimately recalled for their danger are approved through this “back-door” method. Of the 113 devices recalled in the last 4 years, 80 of them were allowed to be sold following use of the 510(k) exemption.

The DePuy device was a metal-on-metal hip replacement. Over 93,000 patients had the implant installed before the dangers of the metal system were discovered. The joint deteriorated far too quickly, releasing metal particles into the patients’ bloodstream. Many of the replacements needed to be replaced themselves far too quickly.

Continue reading "Defective Medical Implants Suggest More Oversight Necessary" »

Recent headlines about the so-called “Angel of Death” incident have led many to ask about the difference between criminal and civil legal cases as both resulted from the nursing home incident. Some Chicago medical malpractice cases also involve both civil and criminal issues. Understanding the legal system requires knowing the distinctions between each. In general, three main differences are important to distinguish: who is involved in each case, the burdens of proof, and the legal consequences.

Who Is Involved
In a civil lawsuit a private individual believes that another person, company, or government has wronged them, and they seek to be compensated for that wrong. For example, a doctor who mistakenly amputates a man’s left leg instead of his right would likely be a defendant in a civil suit for his surgical error. All medical patients are owed a reasonable level of care. These civil cases are instigated when a medical malpractice lawyer files a document known as a complaint with the court.

In a criminal matter, one side of the case is always led by a prosecutor who represents the government. Crimes are only committed when a someone specifically violates a law laid down by the legislature. For example, in the medical malpractice context, some doctors are prosecuted for Medicaid fraud—which is the crime of stealing money from the public by filing false documents to the government for reimbursement. These often go hand-in-hand with civil lawsuits filed against those doctors for mistakes, but they are two different matters. Criminal cases begin when a prosecutor files an indictment, officially accusing the person of the crime.

Legal Standards
Perhaps the most crucial distinction to be made between civil and criminal cases is the different standard of proof that a prosecutor (criminal) or plaintiff (civil) must show to be successful. In criminal matters a jury is only instructed to reach a guilty verdict if they have no reasonable doubts at all about the person’s guilt. Considering evidence is very rarely perfectly preserved, it is often easy for some reasonable doubt to sneak in (even if the person likely broke the law), leading to a not guilty verdict. However, in civil matters a jury is instructed to reach a guilty verdict so long as they believe it is more likely than not that the individual wrong was committed. That is a much easier burden to show, and therefore many cases that end in not guilty criminal verdicts still lead to fault being found in related civil cases.

The Possible Outcome
Most are likely aware that it is only in criminal trials that a defendant can be sent to jail or prison. The possibility of losing one’s freedom is one of the main reasons why a higher burden of proof is required for conviction. In civil cases the remedy is almost always either damages, injunctions, or both. Damage involves awards of money (medical expenses, compensation for pain and suffering, etc.). Injunctions are orders by the court for some action to be done or stopped. For example, a court may order a hospital to hire more nurses so that the quality of care is improved.

Trials can result from both types of cases, and both can also be resolved before trial. In criminal cases this involves a plea bargain being reached. In civil matters parties can reach a settlement to end the matter before trial.

Continue reading "Chicago Medical Malpractice Lawsuits: The Difference Between Civil & Criminal Cases" »

Last week we posted on a story on a key concern for many a Chicago medical malpractice lawyer—the staggering amount of overtime hours that area nurses accrue. Cook County medical professionals regularly work far more overtime hours than in most places across the country and more than industry standard groups recommend.

The major concern related to excess overtime is the toll it takes on the employees and the quality of their work. A new study published in the Health Services Research journal (and analyzed on Modern Healthcare) lends credence to the concern that too much overtime increases the instances of medical malpractice.

Specifically, the research found that hospitals that reduced the overtime hours of their nurses had fewer patients who were forced for return to the hospital shortly after leaving. In other words, patients treated by overworked nurses more often had their medical problem reoccur, requiring more hospitalization.

The data was culled from nearly 2,000 patients at a select group of hospitals, and was funded by the Interdisciplinary Nursing Quality Research Initiative. The overall effect of fewer readmissions caused by fresh nurses saved medical payers roughly $608 per patient. Even taking into account the cost of having more nurses to reduce overtime, the average cost savings was $410 per patient.

The research is only the latest data to suggest that nurse performance falters when they are forced to work longer hours. Of course, unlike other professions, mistakes in performance in the healthcare field have serious (often deadly) consequences on patients. It is for that reason that these workers must be held to a reasonable standard that ensures patient safety.

Continue reading "Healthcare Costs Lowered When Patients Treated By Nurses Not Working Overtime" »

Basic issues of fairness and constitutional respect often lead a Chicago medical malpractice attorney to advocate against the dangerous and misguided attempt to take away victim rights with so-called “tort reform” legislation. However, many advocates often forget the sad reality that there remains a huge group of medical malpractice victims who have already had all of their legal rights stripped from them. Veterans, military families, and other groups have no right to seek any compensation if they are injured by the medical malpractice of military medical personnel

Fortunately advocates believe that recent action by the U.S. Supreme Court may finally restore to these brave service members and families the basic legal protection so many take for granted. The AP recently reported on the effort.

The United State Supreme Court has asked for more information in the case of one Air Force sergeant who hospitalized for what should have been a common procedure, an appendectomy. The surgery went just as expected. However, following the surgery a military nurse anesthetist put a breathing tube into his esophagus instead of his trachea. The mistake deprived his brain of oxygen for an extended period of time. He remained on life support for three months before passing away.

The Court may use the case to overturn what has become known as the Feres Doctrine. This 1950 Court ruling essentially declared that all injuries suffered by military personnel because of the medical mistakes of their military caregivers was the same as suffering a battlefield wound. As such, the victim had no right to be compensated for the losses they suffered as a result of medical malpractice.

Continue reading "Victims of Military Medical Malpractice Seeking Basic Legal Rights" »

A Chicago medical malpractice lawyer is used to defending himself or herself against claims by tort reform “advocates” arguing that doctors are fleeing the state because of medical malpractice lawsuits. As we have explained time and again, those claims bear no connection to the actual facts about doctors in this area. Chicago remains a prime spot for new and old doctors alike—there are more doctors than there are medical jobs.

This truth was reaffirmed by a recent Crain’s Chicago Business article on medical residents. Reports indicate that the majority of graduates of Chicago’s medical schools hope to stay in the city. The biggest hurdle is the tough job market. Large physician practices typically have many more applicants for positions than they do available openings.

A healthcare business development expert explained that “Chicago is a great market, but it’s a competitive market. We have great hospital systems and academic centers. There is more robust recruitment in certain specialties such as primary care. We’re better off than most states.”

Despite false claims to the contrary, Chicago medical malpractice lawsuits have not had a negative effect on doctor retention in the area. There remains a large swath of new doctors searching for employment who will be unable to stay in Chicago because the slots are simply filled up.

Continue reading "Chicago Medical Malpractice Lawsuits Have No Effect on Doctor Attraction" »

ABC Local News reported last week on a medical mistake involving a 4-year old boy whose doctor performed an eye operation on the child’s wrong eye. . Wrong-site surgeries are some of the most egregious cases of medical error that a Chicago medical malpractice lawyer will ever see.

According to reports, the doctor performed a corrective surgery on the wrong eye, and then, without the parents consent, quickly operated on the correct eye. The surgery was intended to correct a wandering eye problem in the young child. It was only after several months of investigation and consultation that the family decided to have the surgery performed at all.

The specific surgery weakens the muscle on the bottom of the wandering eye, because it is the strength of the muscle which causes the wandering. However, the doctor weakened the muscle on the wrong eye. The family will have to wait at least 5 weeks until the eyes heal before the damage can be properly determined.

According the boy’s mother, while waiting for the surgery to be completed, a nurse came out unexpectedly and told her that they were operating on both eyes. No explanation was given and the mother was not able to ask any questions. It was only later that she discovered what had happened. The mother explains that “no parent, no child, nobody should have to live through the torture of that day.”

Continue reading "Possible Medical Malpractice Lawsuit After Doctor Performs Eye Operation on Wrong Eye" »

It is rare for a Chicago medical malpractice lawyer to have a potential client come to his or her office with complaints about exposure to improperly sanitized medical equipment. The main reason for this is that few patients will ever be made aware of this occurrence. Patients often never even see the specific equipment used in an operation and, even when they do, they would have no idea whether that equipment was safe. However, improperly sanitized medical equipment has the potential to transfer deadly viruses to patient—from hepatitis and HIV. The consequences are high.

Unfortunately there has been a recent rash of cases involving improperly sanitized equipment, exposing thousands of patients to those complications. Several of those cases have occurred at veteran’s hospitals, prompting federal officials to being looking into the matter. The Miami Herald reported recently on a scheduled Congressional subcommittee hearing that will look into the patient safety issue.

The hearing is entitled “Sacred Obligation: Restoring Veteran Trust and Patient Safety” and will take place on May 3rd. The meeting will involve discussion of the previous cases of sterilization problems. In addition, standardized cleaning rules for medical equipment will be analyzed and possible sanctions and punishments for those suspected of negligence in this area will also be considered. Finally, the appropriate method and format of making potential victims aware of lapses in cleanliness care will be evaluated.

Continue reading "Chicago Medical Malpractice Lawyers Shares Information on Upcoming Improper Sterilization Hearings" »

At times a Chicago medical malpractice lawyer is forced to defend him or herself against claims that the lawsuits that they file are “frivolous” and at fault for a wide range of societal problems. Of course, as we have outlined in detail here, all of those claims are rooted in falsehoods and guided by public relations efforts of professional defendants.

A court ruling issued in Southern Illinois this week adds even more proof to the truth that claims about the “problem” of tort lawsuits are merely marketing tools that negligent big businesses are using to unfairly influence public opinion.

St. Louis Today reported on the ruling. In the decision a judge revealed that a Chicago public relations firm suggested to a potential water polluter that they influence their case by painting the local court system as a “judicial hellhole.” The case involved the polluting of groundwater by an agribusiness firm in the area. The firm hired a public relations company to help blunt the negative effects of revelations about their conduct. That firm suggested that painting the area as a haven of frivolous lawsuits might help persuade the public, regardless of the accuracy of that claim.

The ruling explained that the large company created a strategy to “enhance the public’s perception…[of the company]…at the expense of the Madison County judicial system.” In other words, these large businesses have no problem unfairly tarnishing the legal system throughout the country if it helps ensure that their profits are maximized.

The ruling was in response to the release of a variety of documents between the public relations company and the agribusiness defendants.

Continue reading "Illinois Polluters Use False Claims About Tort Reform to Influence Illinois Negligence Case" »

A good Chicago medical malpractice lawyer must always keep on top of the latest legal developments both in Illinois and throughout the country. The law is not static. New arguments are advanced, laws changed, and regulations are altered all the time. As a result, the best legal advocates ensure that they understand all of the legal options open to their client at any given time.

For example, we have previously discussed the different ways in which a court may define an “injury.” Physical injuries caused by a medical mistake are the most obvious example, but there are other forms of injury that are less apparent. Increased risk of complications because of poor medical care may itself be deemed an injury actionable in a court.

The Columbus Dispatch reported on a new ruling in that state which more appropriately clarifies the types of injuries that patients often endure as a result of their caregiver’s negligence. The issue at hand was the effect of a faulty medical diagnosis which ignored the spreading of cancer. A court recently found that a patient may pursue an emotional distress claim following a missed diagnosis of her cancer.

The emotional distress claim is connected to the physical injury associated with untreated cancer and so it falls within the types of injury which a court usually allows. The trial court initially dismissed the claim on grounds that the state did not allow emotional distress suits in these cases. However an appellate court reversed that decision which was then upheld by the state’s Supreme Court.

Continue reading "Missed Diagnosis Causes Several Types of Medical Malpractice Injuries" »

As we have often pointed out, the type of work performed by doctors, nurses, and other medical professionals dictate the standards to which their work is held—a standard of which any Chicago medical malpractice lawyer should know well. All actions that possibly impair the medical worker’s ability to perform error-free work places patients at risk of suffering injury and death. Those high stakes demands high standards.

Yesterday we reported on concerns that Chicago doctors may be more prone to fatigue than in other locations because of their high overtime rates. That fatigue has been vividly shown to lead to more Illinois medical mistakes and deadly complications. Along the same lines, some new research highlighted by Reuters this week show that alcohol may be more involved in surgical errors than previously thought.

Of course everyone would rightly condemn any surgeon who is under the influence of any drugs or alcohol when performing a medical operation. However, the new data suggests that the dangerous increased of error is seen even the day after a surgeon has consumed alcohol. This is particularly troubling news, because there are virtually no rules about how much a physician can drink before the day of a surgery.

One doctor involved in the study explained that “Historically, the medical professional has had a reputation for high rates of alcohol consumption. It is likely that surgeons are unaware that next-day surgical performance may be compromised as a result of significant alcohol intake.”

The testing for the study involved a group of students and doctors who performed a virtual surgical operation the morning after a night on the town. A similar group that had not any alcohol but also went out on the town acted as a control. The results found that both students and surgeons who had consumed alcohol the night before committed nearly twice as many errors. This was the case even though virtually all of the physicians had no detectable blood alcohol levels.

Continue reading "Surgeons Commit More Medical Errors the Day After Consuming Alcohol" »

Crain's Business Today provided a video report this week on a dangerous problem that is putting local medical patients at risk—fatigued nurses and doctors. A Chicago medical malpractice attorney is well aware that at the root of many medical mistakes sits a doctor or nurse who has worked too long and gotten careless. In many professions a slip or a mistake caused by tired eyes is easily fixed. However, there is no room for those errors in the hospital. Unlike other professions, mistakes caused by overworked doctors place the life of another human being at risk.

Unfortunately, a new report issued by the Illinois Better Government Association found that overtime rates for doctors in Cook County were much higher than the nationwide average. The 6.3% overtime pay as a percentage of total pay was also significantly larger than the recommended maximum rate of industry research groups to prevent fatigue and medical mistakes. That recommended rate is only 4.5%.

The bottom line is that doctors and other medical professionals are more likely to be fatigued at Cook County public hospitals and more likely to commit errors.

The cause of the problem likely includes a variety of factors, but none of them are incurable. For example, comparable private hospitals in the area have overtime rates at only 1/3 the level of the public institutions. Clearly it is possible to lower the rates and improve patient safety if proper management and supervision is instituted at the hospitals.

Continue reading "Potential Alarming Levels of Chicago Nurse Fatigue" »

Some of the most heart-breaking, traumatic, and complex injuries that a family is forced to endure are those caused during childbirth. However any Chicago medical malpractice lawyer will tell you that it is those cases where the legal system most appropriately yields justice. The consequences for families are never higher than during childbirth. A mother’s health is at constant risk and hanging in the balance is the new life that a family is hoping to bring into the world. When poor medical care and careless doctor decisions cause injury (and sometimes death) in those moments the law must be there to hold the negligent parties accountable.

An example of one of those birth injury cases was recently shared by a story in Red Orbit. In the case a mother suffered devastating injury while attempting to give birth to her ten pound child. The mother had been in severe discomfort throughout the pregnancy—it was clear that the child was going to be large. The pain during the pregnancy and the known size of the child led the mother to logically and repeatedly request a Cesarean section. Her doctor paid little attention to her concerns.

The negligent physician’s poor care didn’t improve when it came time for the child to be born. In fact, the couple’s doctor admitted that he “wandered in and out” of the room during the delivery. He arrived by the expectant mother’s side mere minutes before the child was born. It is unclear why the doctor was missing in action as he had no other patients in the hospital at the time. The doctor’s lack of oversight meant that the couple’s complex care was instead placed in the hands of an inexperienced first year resident and nurse. The new doctor made some mistakes during the delivery. The suffering mother was exposed to excessive anesthesia, and exaggerated hyper flexion abduction measures were performed during the birth.

The suffering mother was forced to endure an unnecessarily painful birth. By the end her pelvis was broken and separated. Her back also experienced immense trauma. Special hardware and neurological devices needed to be installed before it was over. Even after that she still requires a cane to walk at all times.

The trial in this medical malpractice lawsuit was held recently. After hearing all the evidence from both sides the jury unanimously found in favor of the victims—awarding them $5 million.

Continue reading "Jury Awards Family $5 Million Following Medical Malpractice Lawsuit" »

A thoughtful Chicago medical malpractice attorney will always advise those concerned about the quality of their healthcare to take proactive steps to ensure their safety. There is only so much that can be done after a hospital error has occurred. Prevention is always the goal when it comes to patient safety. Individual patients cannot usually do much to change overall hospital policy and protocol. Those decisions come from administrators. However, all patients can be proactive in their own care, demanding answers from health providers and asking questions about safe practices in their own case.

In the real world, though, it is often difficult to question a physician. An Op-Ed in the New York Times recently delved into this tricky subject. The facts continue to document the dangerous habits of many physicians, with a poor record of hand-washing and other germ prevention measures. Many medical rights advocates openly encourage patient to ask their doctors to wash their hands.

Most people are polite and considerate regarding the work of a medical professional. However, with one out of every three people suffering a hospital mistake and over 100,000 people killed each year because of preventable errors, it is vital that safety and well-being be prioritized. One advocate explains that “There are all sorts of reasons we default to being quiet. It is general etiquette not to correct another adult, especially when this is their profession. But when the consequences are so grave, you have to summon up your courage.”

Continue reading "Important to Talk to Doctors about Medical Malpractice Issues" »

Medical research and data collection consistently reveals a troubling reality: there remains a staggering rate medical malpractice. The L.A. Times reported on the latest research unveiled by Health Affairs which indicated that as many as one in three patients are victims of medical errors. That rate is consistent in most parts of country, a fact that would not come as a surprise to a Chicago medical malpractice lawyer.

The latest figures may be the most accurate yet, because it involved a scan of medical paperwork and notations in more depth than usual methods employed by accident research.

For the average community member, this news emphasizes the importance of properly weighing the quality of different medical facilities in your area. Fortunately, the new healthcare law will require all hospitals to electronically monitor certain medical errors, like hospital inquired infections. Federal funding will track these quality indicators in part, meaning that facilities will then have financial incentives to improve care.

However, all victims of Illinois medical malpractice likely know that these systematic efforts of measure hospital quality are nowhere near adequate. As a result, it is imperative that patients be proactive in assuring that they receive the quality of medical care that they deserve.

For example it is important to ask your doctor questions whenever you are unsure of a treatment or operation. Ensure that the doctor is aware of all the medications which you are on; similarly, double check the pharmacist to ensure that the correct dose is delivered. Follow up on testing and ensure that you receive a copy of the results. Failure to properly keep track of test results often leads to a missed diagnosis.

Continue reading "New Data Reveals Prevalence of Hospital Errors" »

Political news every spring is devoted to the ongoing budget ideas being debated by Congress. The outcomes of those debates almost always have important implications for Illinois medical malpractice victims. Consequently, it is vital that a Chicago medical malpractice lawyer closely follow that budgetary process and provide needed advocacy in support of logical resolutions that protect the rights of victims of medical errors and their families.

The need for advocacy is more apparent now than ever as a proposal is navigating through Congress that offers a damaging rejection of the rights and needs of medical patients. The Consumer Voices reports that this week the U.S. House of Representatives passed the FY 2012 Budget Resolution. The measure would enshrine a string of dangerous ideas that would decimate the medical system, sacrificing years of important patient safety progress.

Illinois medical malpractice victims would be severely harmed by the bill’s passage.

For example, a key outcome of the bill would be the severe weakening of the safety net for those individuals who are incapable of sustaining the high-cost of health care. In addition, nursing staff at many facilities, including Illinois nursing homes, would be slashed. These nurses are the ones charged with ensuring that many preventable medical errors—like the development of bed sores, dehydration, and malnutrition—are caught before they harm patients and residents. We have often reported on the continued prevalence of these preventable medical errors. This proposed buget will work only to increase the total number of mistakes.

Overall this budget proposal virtually ignores the need to protect and maximize medical patient safety. The bill places the quality of medical care at the bottom of the priority list. If passed a medical system would be created that not only rejects the need for better care but actively takes steps that would reduce the current focus on patient safety.

Continue reading "Chicago Medical Malpractice Lawyer Shares Information on Dangerous Federal Budget" »

Chicago Breaking Business reported yesterday evening on news that the U.S. Centers for Medicare and Medicaid Services (CMS) nearly stopped funding care at the University of Chicago Medical Center. A fatal medical mistake was at the center of the near termination.

A public notice issued by CMS explained that they had discovered at the medical center “deficiencies…so serious they constitute and immediate threat to patient health and safety.” Following that notice it was confirmed that the error the prompted the situation was the one that took the life of Chicago Sun-Times Chairman James Tyree. The hospital was allowed to continue receiving the Medicare funding only after it submitted a plan of corrective action.

Tyree died at the facility in the middle of March. The Chicago medial mistake that took his life involved an air embolism after the botched removal of a dialysis catheter. That type of medical mistake is known as a “never event.” The label applies to problems that are always preventable if medical professionals conduct themselves in the proper way. The deadly procedural error is on the same level as leaving a sponge in a surgical patient’s body or conducting an operation on the wrong body part.

A separate investigation by the Illinois Department of Public Health concluded with a “finding of immediate jeopardy due to the hospital’s failure to ensure that facility staff were adequately trained and showed competency” in conducting the procedure which ultimately took the like of James Tyree.

Continue reading "University of Chicago Funding Risked After James Tyree Deadly Medical Error" »

The Pittsburgh Tribune-Review shared the story yesterday of medical malpractice of two cardiologists who unnecessarily put patients through the arduous task of getting a stent implant.

Two more medical malpractice lawsuits were filed against the doctors this week, bringing the total suit count up to 21. Excela Health Westmoreland Hospital, the facility where the two negligent doctors worked, apparently acknowledged that the some coronary stents implanted in the hearts of these patients may not have been medically necessary.

Last month the hospital sent letters to 141 patients informing them of the problem. The correspondence explained that a closer look at their tests revealed that their hearts may not have had enough blockage in their arteries to warrant a stent—the tiny metal device used to keep the arteries open. It appears that a drive for profit was the main motivation of the negligent doctors.

The unnecessary implantation constitutes a clear example of medical malpractice. The stents costs patients $10,000 or more, require risky surgery, and place patients at increased risk for a variety of other problems. The doctors in this case was caught implanting hundreds unnecessarily, but experts believe that wasteful stent procedures are a nationwide problem. For those reasons, it is obviously not an operation that a patient would undergo unless medically necessary.

Continue reading "More Hospital Lawsuits Filed After Unnecessary Heart Stent Implants" »

The almost year-long saga involving defective hip implants continues unabated as a U.S. Senate Special Committee on Aging will soon hear testimony related to the issue. According to Mass Device, the hearing will come as part of a bigger investigation into the patient safety approval process currently available for medical devices. As the DePuy hip recall made clear, many questions remain about the safety of devices rushed to market and given to unsuspecting medical patients.

Reports indicate today’s testimony will place the Johnson & Johnson company in the middle of the federal investigation evaluating that medical device approval process. After representatives from the large medical company testify, the committee will then hear from one of the victims of the recall—many Illinois medical patients found themselves in a similar circumstance to the victim who will speak to the committee.

In addition, a national researcher will explain data that indicates that there are more recalls of devices that are approved through the 510(k) pre-market notification program. This alternative approval process allows devices to reach consumers sooner without the stringent testing required by the Food and Drug Administration’s more comprehensive PMA protocol.

The subcommittee holding the hearing explained, “Internal reviews by FDA officials and other outside sources have found troubling lapses in the procedures by which a number of medical devices were approved. The results of these investigations caused procedural and management changes to be implemented at the Center for Devices and Radiological Health in recent months.”

Continue reading "United States Senate Begins Probe Into Defective DePuy Hip Replacements" »

The Huffington Post reported last week on the tragic death of a young infant as a result of medical malpractice.

The baby was born premature last September 24th, weeks before his due date and weighing only one pound at the Advocate Lutheran General Hospital. The boy had a heart condition at birth and had to be fed through IV tubes. However, even with the medical problems, the prognosis for the young boy remained good—his family expected him to make it home. Unfortunately, that wasn’t to be.

Instead, according to court papers recently filed, officials at the hospital accidentally gave the infant a sodium dose 60 times higher than prescribed. The drug error led to many complications, and the child eventually died as a result of hypernatremia—the medical term for excess sodium in the body.

An Illinois wrongful death lawsuit was recently filed by the parents of the boy. The suit alleges a series of missteps at the facility that allowed the overdose to occur, ending the child’s life. Specifically, the family claims that a pharmacy technician incorrectly filled the boy’s prescription, providing way too much sodium to be administered intravenously. On top of that, the label on the bag was covered up by an inaccurate label—hiding the fact that the amount was much higher than necessary. Finally, doctors ignored blood tests which revealed a high sodium level.

Continue reading "Illinois Wrongful Death Lawsuit Filed Following Infant Medication Overdose" »

A common problem with which many states grapple is the best way to handle doctors charged with allegations of abuse and neglect. We have often discussed the way in which punishment for negligent Illinois doctors was handled (or not handled). Unfortunately, far too often the scale is tipped against the victims and future patients of these dangerous doctors—allowing them to return to practice without much sanction at all. As a result, future patients are placed at risk of suffering unnecessary complications.

A new study by Public Citizen explored the problem of doctor discipline across the country. The data culled from the National Practitioner Data Bank revealed that more than half of doctors who had committed errors requiring a loss of clinical privileges were not punished by state medical boards. Of the 10,600 doctors who had a facility restrict their practice because of medical errors or patient abuse, only 45% also lost their medical license or were in any way punished by the state medical board.

It is unclear why the disconnect remains. The author of the study explained, “Either state medical boards are receiving this disturbing information from hospitals but not acting on it, or much less likely, they are not receiving the information at all. Something is broken and needs to be fixed.”

State medical boards have the ability to review these hospital disciplinary records and take necessary action against that physcian’s medical license to protect future patients. However, as this study illustrates, the concern for future medical patients is not present.

For example, a negligent Illinois doctor had his clinical privileges removed and had 10 medical malpractice reports issued totaling $7 million because of case mismanagement, failure to diagnose, and other issues. One of his Illinois medical malpractice victims ultimately suffered a devastating brain injury, becoming a quadriplegic. Yet, even after of all that, the Illinois state medical board did not discipline the doctor.

Continue reading "Most Negligent Doctors Avoid Any Punishment" »

Yesterday we discussed the testimony provided by advocates for medical malpractice victims at last week’s H.R. 5 hearing. We continue that discussion as outlined by the Blog of the Legal Times.

Besides mentioning the dubious connection between tort reform and medical malpractice premium decreases, during the hearing Representative Harry Waxman of California also emphasized how the federal government should leave these tort law decisions to the states.

He eloquently explained, “Regulation of insurance and the practice of medicine are quintessential state issues—they always have been. H.R. 5 would take away that or pre-empt that authority and that prerogative…But as this legislation makes clear, that guiding philosophy evaporates when it comes to protecting the interests of the insurance industry. No wonder the author of this legislation did not cite the 10th Amendment—the one that reserves power to the states—as the constitutional basis for its introduction.”

As that logic confirms, far too many individuals are willing to sacrifice basic principles of federal power in an effort to enact national rules being supported by insurance companies. Instead of caving to the demands of big interests, the better plan is to return the focus on increasing patient safety. Rep. John Dingell pointed out the potential successes of programs that make funds available for innovative patient safety programs. In that way, the real problem—the frequency of medical malpractice—is addressed.

Continue reading "H.R. 5 Medical Malpractice Proposals Shot Down By Committee Testimony" »

This week we reported frequently on the lead up to the United States House of Representatives Energy subcommittee hearing related to H.R. 5—a medical malpractice piece of legislation. The Blog of Legal Times wrote a helpful overview of the committee hearing including discussion of the forceful testimony of those explaining the unnecessary and problematic proposals contained in the bill.

As most are aware, H.R. 5 imposes limits on contingent fee arrangements, caps on certain types of damages, pleading standard changes, statute of limitation modifications, and other measures that place barriers in the way of victims seeking legal relief.

Brian Wolfman, a visiting law professor at Georgetown University emphasized the problems with the bill. The professor explained how the free market should be allowed to work, without artificial micromanagement by the federal government. A client and possible attorneys are free to determine their personal contractual arrangement that best maximizes the client’s recovery interest and the lawyers’ compensation. The testimony also explained how a random, unchanging damage cap of $250,000 is a figure virtually pulled out of a hat, without any real basis in the impact it would have on the lives of medical malpractice victims.

One member of the committee, Representative Harry Waxman, explained how claims about the impact of tort reform bear little resemblance to the truth. He pointed out that in the first 13 years after his own state of California passed similar legislation, medical malpractice insurance premiums actually went up by 45%. Those rates only decreased after the state passed a law mandating a 20% premium rollback. In other words, insurance reform has been shown to work.

Continue reading "Illinois Medical Malpractice Watch: Overview of Latest H.R. 5 Committee Hearing" »

The Los Angeles Times reported this week on troubling medical research news which indicates the current total of reported medical errors may be much lower than the actual errors committed.

As is often reported, a well-known 1999 study by the Institute of Medicine indicated that tens of thousands of deaths are caused each year by hospitals mistakes. The financial cost of those errors total tens of billions of dollars. Evidence since then suggests that the total number of errors is not decreasing. In fact, a research team recently published a report in the journal Health Affairs which explained how errors may be ten times greater than thought.

The main problem stems from that fact that medical mistake reporting usually is quantified as a total number of “adverse events” instead of by the patients underlying condition. In other words, many hospital mistakes are never reported because they do not qualify as a clear-cut “adverse event” where a bad medical action caused a specific injury. Many errors, however, do not cause a specific injury but instead lead to a worsening of condition. Those sorts of mistakes—just as detrimental to the patient—typically fall outside the scope of problems included in these studies.

A new method is being developed to better account for all poor medical decisions. Known as the “Global Tiger Tool” the system has found 10 times as many errors as the older method. Researchers explain the take-away from the new data, noting that the “study suggests that despite sizeable investments and aggressive promotional efforts by local hospitals, these reporting systems fail to detect most adverse events.”

Continue reading "Many Medical Errors Are Unreported in Hospitals" »

Yesterday we posted a story explaining the Congressional hearing that was to take place today regarding H.R. 5—a misguided, dangerous piece of legislation working its way through Congress. Innocuously labeled, as many of these bills are, the official name of the legislation is the “Help Efficient, Accessible, Low-Cost, Timely Healthcare (HEALTH) Act of 2011.”

We have already written extensively on the illogical measures proposed by the bill and the immense harm that it could well inflict on many Illinois medical malpractice victims. This week the National Conference of State Legislatures (NCSL) came out against the proposal. In a letter sent to the committee holding the hearing, the organization expressed “strong bipartisan opposition to the passage of the latest federal medical malpractice legislation.”

The organization emphasized that there is no need for a one-size-fits all approach to the issue that would directly impede the rights of each state to decide important matters. Product liability and all other tort law issues have always been decided by individual states—there is no need for changes to that now.

Conservative political thinkers often remind others of the need to respect the American federalist tradition. Of course the nation’s Founders specifically created a system that respected the rights of individual states to dictate policy except in the areas specifically enumerated by the Constitution. In this way, diversity among the states was intended to foster an environment where differences ultimately reveal those practices that work best. One famous member of the judiciary explained that the states are intended to be “laboratories” where policies are tested and measured.

H.R. 5 is in direct conflict with this principle. It ignores states’ rights and destroys the possibility of testing various options to truly understand what policies work and what doesn’t. The preemption of state law would provide a big government solution to the individual choices of states and the juries within those states.

Continue reading "Illinois Medical Malpractice Watch: States Against H.R. 5" »

The battle to protect the rights of medical malpractice victims wages on today as the Health Subcommittee of the House Energy and Commerce Committee meets to discuss the merits of a bill now known as House Resolution 5 (HR 5).

Blog readers are quite acquainted with the danger posed to all medical patients by this misguided piece of legislation. The bill is very similar to legislation that was proposed, but rejected by previous Congresses in the past few years. In essence, if passed, the new law would promote the interest of a few big interests—professional defendants—like insurance companies and drug manufacturers. Losing out would be the victims of medical malpractice and their families, who will have some of their basic legal rights stripped from under them.

HR 5 takes away the power of juries to decide certain basic decisions about the damages in a medical malpractice lawsuit. In addition, the legislation proposes shortening the statute of limitations of certain injuries (essentially more unsuspecting victims to lose their right to seek redress). Other pleading changes and liability changes are included each with the intended effect of harming medical malpractice victims and helping the big businesses who already rake in healthy profits each year.

Continue reading "Illinois Medical Malpractice Lawsuit Watch: H.R. 5 Hearing Today" »

The regulation of medical devices remains a vitally important endeavor, because there is little that a patient can do themselves to ensure that these objects are safe and secure. Virtually all medical patients are forced to trust the judgment and fairness of their medical providers when it comes to the devices put into their body in special medical procedures.

Unfortunately, sometimes the products are inadequate—as the victims of defective DePuy hip implants well know. Consequently, it is important for a fair process to be put in place whereby hospitals use the best, most efficient devices at all times—secret agreements and back-room deals should never play a role in these decisions. When profit becomes the driving motive in these matters, medical mistakes are much more likely to happen.

According to the New York Times, it is under that premise that federal authorities are currently examining the practices of one heart manufacturer—Biotronik. In particular there is growing concern over payments made by the company to the doctors who decide which products to buy. Records reveal that this company keeps detailed records of the doctors who are favorable to their business an attempt to cultivate that favorability with favors.

The risk of abuse is particularly dangerous when it comes to heart devices, like pace makers and defibrillators, because these products have the highest profit margin of any medical product. Three companies dominate the industry, but Biotronik has been able to increase its share of the business in a startlingly fast way—enough to catch the attention of federal investigators. Several of those other providers have already paid federal settlements after investigations uncovered illegal kickback practices to doctors. When those actions occur in this area, many more Illinois medical malpractice lawsuits are likely to be filed.

Continue reading "Federal Investigators Asking Questions About Heart Implants" »

Hospital safety is an issue that affects all community members. It is impossible to find someone who has not required the close care of medical professionals themselves or has not had friends and family who needed the same. The importance of the care received at these institutions remains a paramount concern.

The Chicago Tribune recently took a closer look at the problem of local hospital errors. The findings of cases of Illinois medical malpractice are in many ways disheartening. Based upon national averages, every single day 10 people in the city die from preventable medical mistakes. 100 more patients are injured because of these Chicago hospital errors.

Imagine what the public outcry would be if each of those ten deaths were widely publicized on the front pages of newspapers day in and day out. The outcry for improvement would likely be palpable. Instead, however, most of these victims die in silence. The front pages of our newspapers are instead filled with screeds by insurance company advocates claiming that Illinois medical malpractice lawsuits are out of hand and the rights of the victims should be removed.

An effort needs to be made to turn the tide against these misguided priorities.

The article examining Chicago hospitals, for example, noted that a close look at some facilities reveals crippling problems. Loyola’s bedsore rate was eight times the national average. Loyola, the University of Chicago, and the University of Illinois hospitals were all “significantly worse” on infection rates. In other areas, however, area hospitals performed better than the national average.

It is important for this information, both the good and the bad, to be shared with local medical patients. There is nothing to fear from open, honest communication about the quality of care provided by area medical centers.

Continue reading "Evaluating the Safety of Illinois Hospitals" »

Tort reform discussions far too often center on talk about numbers: how many lawsuits are filed, what those suits costs, how much money insurance companies don’t want to pay, and similar figures. As has often been explained on this blog, there is nothing about those discussions that counsel toward any need for “reforming” the legal system available to victims of negligence.

Besides the unsubstantiated focus on the finances of the medical system, tort reform advocates typically ignore what is perhaps the biggest concern of all: the hundreds of thousands of family members killed by the mistakes of their medical providers. It is important to shift the debate back to what should be the most important mission: saving lives.

A new HealthGrades report is a helpful way of re-focusing on the need to limit medical mistakes and save patient lives. The new study includes information about patient safety rates among Medicare patients at nearly 5,000 hospitals. The comprehensive package includes individualized scores that are then analyzed with the goal of improving care at all facilities. For example, the highest performing hospitals are identified and then discussed in an attempt to isolate the “best practices” capable of saving lives—mentioning plans which should be followed by other facilities. In addition, trends are compared across different hospitals, with state specific results provided.

In Illinois 84 hospitals were analyzed. Of those, less than 12% were identified as a high-performing facility. That means that the vast majority of facilities in this area have the potential to make many changes to limit the number of Illinois medical errors. Insurance companies worried about limiting Illinois medical malpractice lawsuits would best spend resources by working to improving the care at those hospitals. As a comparison, our neighboring state of Iowa had nearly 42% of its eligible hospitals each the high-performing level.

Continue reading "Victims of Illinois Medical Malpractice Ignored in Tort Reform Debate" »

This week marked a first in the reporting of medical errors, as the U.S. government released information on how many patients are injured by certain types of hospital mistakes.

St. Louis Today published a story on the data provided to the public on Thursday. The types of problems listed included hospital falls, bedsores, urinary tract infections, air in the bloodstream, foreign objects left in body, and several others.

The usefulness of the information is already being questioned, however, as analysts are unable to understand why only certain types of preventable errors were made available. For example, wrong-site surgeries and medication errors—two of the most deadly forms of mistakes—were not mentioned as part of the released data. A spokesperson for the Centers for Medicare and Medicaid Services explained that the agency was not yet ready to discuss any part of the information, including reasons for the minimal overall reported figures.

Several months ago the U.S. Department of Health and Human Services explained that a staggering 180,000 Medicare recipients die each year from hospital mistakes. The increased reporting of those deadly errors may go a long way in cutting down on those losses. Many members of the public remain unaware that these Illinois medical mistakes kill more people each year than car crashes or other common ailments like diabetes or pneumonia.

With those sobering stats in mind, it is sad that the American Hospital Association strongly opposes all efforts to provide the public with this information.

Continue reading "Federal Government Release Information on Hospital Errors" »