Illinois Medical Malpractice Blog

For a moment, put yourself in a heartbreaking hypothetical: a loved one was diagnosed with a life-threatening disease and has just passed away. However, after your companion’s death you find out that there was something the doctor could have done to save the person’s life, but didn’t. Or that the doctor did something he or she wasn’t supposed to, which hastened your loved one’s death. Certainly the death was caused by the illness – but what about the doctor’s liability?

This is a question with which Illinois courts often struggle.

In a famous Illinois medical malpractice case called Holton v. Memorial Hospital, the Illinois Supreme Court was faced with the issue of whether a sick or injured person with a less-than-50% chance of survival or recovery could successfully bring a medical malpractice claim against the doctor for the doctor's intervening acts or omissions.

The Illinois Supreme Court ultimately said that such a claim may be valid – but the answer isn’t that simple.

The standard of care currently accepted in Illinois says that a health care professional who provides professional services to a patient is liable for the harm that results if one of the provider’s acts or omissions increases the patient’s risk of harm. This is what is known as the “Lost Chance doctrine” in Illinois medical malpractice actions, and it refers to two types of situations:
1. where a person has been deprived of a chance to survive or recover from a health problem due to the medical provider's negligence, or
2. where the medical provider's negligence either lessened the effectiveness of plaintiff's treatment or increased plaintiff's risk of an unfavorable outcome.

What does this mean for you?

Since Holton, the Illinois Supreme Court has twice found that the injured party does not need to prove that he or she would have been better off had the health care professional not intervened. This means that the evidence only has to show that the care provider interceded, and that the involvement increased the patient’s risk of harm. Bringing a claim is much easier for people who have been wrongfully injured.

The reason behind this – in addition to ensuring that unjustly hurt persons are allowed their day in court – is that if recovery was prohibited in cases of injury when the patient was already ill, there would be no incentive for medical professionals to administer the best possible quality of care. It would be terrifying to think that if a person was at risk for death and the doctor absorbed no liability, that the doctor wouldn’t be held to any professional health care standards.

So what now?

Even though the Illinois Supreme Court in Holton laid out the standards for bringing a medical malpractice claim in Illinois, it doesn’t guarantee a win in all Lost Chance cases. It simply means that in cases where a health care professional’s intervention negatively affected a patient’s likelihood of survival or recovery, the court will hear the case. Certainly it’s a huge step in the right direction in terms of achieving justice for those who have been wrongfully injured.

Continue reading "Loss of Chance in Illinois Medical Malpractice Cases – Is There a Clear Standard?" »

Earlier this week the State Journal Register ran a high-profile story that sheds light on the consequences of one particularly complex form of Illinois medical malpractice: misdiagnosis.

An incident was highlighted that explains how a mistaken diagnosis that a woman had a fatal mix of problems almost led to her death. The victim was brought to a hospital after she broke her leg in a home fall. While at the hospital the patient eventually developed shortness of breath. A subsequent X-ray revealed that she had lung cancer. A team of physicians decided there was likely little that they could do for the victim. She was put on “comfort care” and her family was told to expect her passing within hours.

Doctors were surprised when the woman was still alive the next morning. Early that day an oncologist on duty was looking at the woman’s records and discovered that her lung cancer appeared treatable. The oncologist thought that the woman’s problems likely stemmed from colon problems instead of the cancer. He suggested that a colonoscopy be performed.

Upon hearing this suggestion the patient’s previous doctors repeated that the test was futile. Eventually the exam proceeded but the doctor performing the procedure refused to suck out excess gas in the woman’s system because he thought it hopeless. Fortunately, the oncologist who had insisted on the alternative course of treatment was able to get a nurse to remove the gas. Following that step, the woman’s condition immediately improved. The victim was able to return home, though the removal of oxygen for 24 hours may have caused her some slight brain damage.

The woman is fortunate to be alive. Were it not for the persistence of the oncologist, the woman likely wouldn’t have been given a second look by doctors assuming she was going to die. Patients in similar situations are likely to pass away because of the misdiagnosis.

Observers explain that doctors rarely receive feedback on their diagnosis and therefore often become overconfident. One of the nation’s leading experts on diagnostic errors noted that doctors “get it right so often that they don’t really appreciate that they get it wrong. And they just take it for granted that everything they’re doing is OK.”

Continue reading "Illinois Misdiagnosis Can Be Deadly" »

Dallas News shared the heartbreaking story of a mother who was forced to endure a nightmarish ordeal following a medical error. She has subsequently filed a medical malpractice lawsuit alleging that mistreatment at a hospital has led to a string of problem from which she has yet to recover.

Three years ago the woman was rushed to the emergency room with a high fever. It was soon discovered that she was unknowingly 17 weeks pregnant. However, the child was dead at the time of the discovery. The pregnancy was a surprise to the couple, because the woman had undergone a tubal ligation procedure two years earlier.

However, in a complaint that the woman later filed she alleges that she was forced to sit in the hospital untreated for 16 hours, awaiting removal of the fetus. Her doctor failed to examine her and the delay resulted in her contraction of a blood infection, sepsis. That ultimately resulted in her suffering septic shock. The shock sent the woman into a coma. She would not wake up for three months.

Investigators who examined the situation later noted that the entire staff failed to recognize the seriousness of the woman’s situation. One independent investigator explained that “the attending physician should have been notified of the dire nature or her worsening condition, and furthermore, should have attended to the patient in a timely manner.”

The woman now receives dialysis three days a week, has had two strokes, brain surgery, a series of blood clots, liver damage, a partial hysterectomy, and heart surgery. She is also currently on the waiting list for a kidney transplant.

Continue reading "Medical Malpractice Lawsuit Filed After Woman Develops Infection Following Death of Her Unborn Child" »

Earlier this year we shared the story of the young Chicago infant who was killed when he was accidentally given a dose of sodium chloride that was 60 times more than needed. The baby was born prematurely had stabilized. His family expected him to transferred home but instead he died only 40 days after he was born. The victim’s parents filed an Illinois medical malpractice lawsuit following the tragedy.

Today the Chicago Tribune explained how that medication error was likely caused by the use of an automated program to provide medical care. Specifically, the pharmacy technician accidentally typed the wrong information onto a programming screen which controlled the distribution of the drug. The mistake is an important reminder of the risks that run with increasing technology use in some areas of medical care.

Of course technological improvements often come with important advances in medical care that can help save lives. However, they also come with new safety risks. All medical providers must be aware of those risks and act accordingly to eliminate the chance that patients could be harmed because of the errors. Computer crashes may lead to lost information or jumbled data that cause physicians to have trouble finding what they need in a timely fashion.

The U.S. Food and Drug Administration indicate that there have been at least 370 reported problems with health information systems in the last three years. Many of those mistakes led to patient injuries and death. That figure includes only self-reported, voluntary information, so the total number of errors is likely much higher.

Continue reading "Illinois Medical Malpractice Can Result From Computerized Systems" »

There is a tendency in the medical field for professionals to assume that “new” necessarily is better. The latest medical devices and products are assumed to offer superior benefit and safety to patients who receive them. However, this is not always true. Perhaps nothing proves this as a fallacy more than the latest controversy surrounding metal-on-metal hip implants.

This weekend the New York Times published a detailed examination of the problems with the implants and the steps that the U.S. Food and Drug Administration have taken to protect future medical patients.

The problem began to reach public attention last year when the DePuy hip implant recall was issued. The devices were given to as hundreds of thousands of patients before experts truly understood the risk they posed. The rubbing of the two metal parts was capable of releasing small metallic particles into the patient’s body often with severe consequences.

Since that time the FDA has ordered all metal-on-metal hip makers—over 20 different companies—to evaluate their product safety. This is a virtually unprecedented move by the administration aimed at ensuring that no more fall victim to the defective devices.

Innovations like this which are not properly tested before being used on patients are usually promoted as a way for these companies to raise prices and maximize profits. One surgeon explained the situation by noting that “there is a phenomenon in the U.S., the latest and the greatest. There was a patient demand to get these implants on the misconception that the latest was the best.”

Continue reading "Illinois Hip Implant Recall Shows Problems with Improper Product Testing" »

The Illinois Attorney General’s office recently filed a lawsuit against a suburban medical company that they claim unfairly convinced buyers to purchase unnecessary medical scans. The Southtown Star reported on the suit which was officially filed on Thursday.

According to the complaint in the Illinois lawsuit, the company, Heart Check America, Inc., attempted to get customers to purchase scans to check for cancer. However, the corporation is accused of using unfair and deceptive business practices to pressure unsuspecting customers into signing up for yearly contracts that they did not need. Many customers signed up for the body scans which often cost up to $7,000 a year in contract fees. The business also charged customers a $199 enrollment fee and $199 annual membership dues.

Yet, the state’s Attorney General is claiming that most customers got little to nothing of value for those costs. The staff members who sold the scans were not medically trained, and the customers were not evaluated by medical providers before the sale to determine whether the scan was appropriate. On top of that, customers were not informed of their potential risk for radiation exposure as a result of the procedure. They were similarly kept in the dark about the fact that false negative results from the tests could lead to unnecessary expense and harm from future exams.

The company and its owners have been missing in action over the past several months. The two offices have been closed, phone disconnected, and consumers have been unable to receive their scan or results.

Continue reading "Illinois Medical Malpractice Lawsuit Over Unfair Medical Business Practices" »

One of the first questions often asked of our Chicago personal injury attorneys is: “Do I still have time to file my claim?”

It goes without saying that an individual can’t wait around indefinitely deciding whether or not to file a personal injury claim. More specifically, Illinois has a statute of limitations that establishes concretely the available period of time in which a person may file a medical malpractice lawsuit.

The relevant law essentially says that, in the normal course of events, an individual must bring the suit against his or her health care professional, hospital, or health care institution within two years of the period of time when he or she knew, or should have known, about the injury. Moreover, even with the leeway allowing time after the two years to discover the injury, the general rule is that, no matter what, the lawsuit may not be brought more than four years after the event that triggered the injury.

Tolling of a Medical Malpractice Statute of Limitations May Occur During Infancy, Mental Incompetency, or Imprisonment.

The basic premise of exceptions to the medical malpractice statute of limitations is to protect injured parties who have a valid claim, from not being able to file suit against the person or persons who caused their injury.

For minors, the law is similar. If the injured person is under the age of 18 at the time of the accident or occurrence, a period of eight years following the injury is allocated, in which a claimant may file suit. If the individual is 18, the four-year period for normal circumstances applies.

However there’s one more significant provision of the law: “If the person entitled to bring an action. . . is, at the time the cause of action accrued, under a legal disability other than being under the age of 18 years, then the period of limitations does not begin to run until the disability is removed.”

But what does that mean?

To date, the Illinois Supreme Court has not addressed the issue of “legal disability” as provided in the statute governing limitations on medical malpractice claims. However, a number of court cases in lower Illinois courts have given shape to the issue.

In order for imprisonment to stall the clock on for the imprisonment exception, the occurrence causing the injury must have accrued at the same time the person was imprisoned on a criminal charge. This means that if the injury happened while a person was in prison, or the injury happened to the child of a prisoner, the statute of limitations is suspended until the “disability is cured,” – or the prisoner is released.

Then again, the Illinois legislature wouldn’t have wanted to encourage crime for the purpose of allowing people to have a longer period of time to bring a lawsuit, so subsequent courts have found that the limitations period will not be deferred if the person entitled to bring suit was not incarcerated at the time of the alleged malpractice.

But what about the other conditions that allow tolling of the statute of limitations?

Continue reading "What Tolls the Statute of Limitations for Illinois Medical Malpractice Cases?" »

A Chicago medical malpractice lawyer knows that improving patient safety is a two part process. First, awareness has to be raised about the prevalence of mistakes in area hospitals. No improvements will be made if the public doesn’t understand that there is an actual problem. Second, protocols must be enacted at all medical facilities to actually tackle the problem and eliminate the errors.

A new article in RGJ News recently discussion the second questioned and explained how so many efforts to improve care is not as effective as it could be. The story explains how most medical errors are not the product of single incident dramatic mistakes but instead are caused by systematic problems—the way that some hospitals conduct ordinary business. The solution then should center on creating more opportunities to intercept serious mistakes within the system.

For example, one of the most common forms of medical mistake involves patient falls. Thus, lowering that prevalence of the accident requires creating system-wide safety changes at hospitals to ensure that these accidents are prevented. These changes may include better risk assessments for those who have a higher chance of falling. Those patients can then be properly identified so that staff members know which patients should not be left alone.

Hourly rounds, education of patient families of fall risks, bed alarms, and similar efforts are all important tools to combat the problem. Accountability and discussion about the issue remains key. As one nurse explained, “the more you talk about it and keep up awareness, the fewer falls you have.”

Continue reading "Reducing Illinois Medical Malpractice Requires Fail-safe Systems" »

Overexposure to radiation is an unacceptable risk for patients, and when it occurs in our area it may be a form of Illinois medical malpractice. Even with the widespread awareness of the dangers, however, hospitals across the country still continue to expose patients to much more radiation than is safe.

The problem is particularly troubling when it comes to CT scans. A story in the New York Times late last week explored the troubling situation that frequently occurs when patients have their chests scanned twice in a single day. Experts explain how the successive scans are almost never necessary. However, reports indicate that, shockingly, some hospitals were double exposing Medicare chest patients 80% of the time.

Over the last few years there has been growing concern about the overuse of these scans. The problems are two-fold. First, the second scan unnecessarily exposes patients to extra radiation. One CT scan is equal to about 350 standard X-rays, so the exposure concerns are not trivial. One doctor noted how “it is incumbent upon all of us to limit it [radiation] to the amount needed to make a diagnosis.”

The second issue is the millions of extra dollars that the unnecessary testing takes from the already burdened Medicare system. About $25 million was spent unnecessarily last year because of this double-testing.

It seems that the problem was most prevalent at smaller, community hospitals. Investigators into the issue believe that these hospitals need to do more to change physician behavior to save money and protect patients.

Continue reading "Overuse of Powerful CT Scans Put Patients At Risk" »

The Chicago-based hospital accreditation group known the Joint Commission sets the mandatory rules that seek to prevent wrong-site surgeries. In general, the requirements insist on preoperative verification of surgical details, marking the site, and a timeout to confirm it all shortly before the operation.

The head of the Joint Commission admits that the rules are “very simple stuff,” because it takes quite an immense lapse in protocol for surgeons (and all staff members involved in operations) to operate on the wrong body part or the wrong patient. Yet, as shocking as these errors are, each year more and more wrong-site surgeries occur involving things like the amputation of the wrong leg, removing the kidney from the wrong patients, and similar faux pas. In our area they remain one of the most shocking types of Illinois medical malpractice.

The statistics are startling. According to a recent story on the issue in the Washington Post, nearly 40 wrong-site surgeries occur each week in national hospitals and clinics. Officials report that the problems may actually be worsening. A member of the Joint Commission explained how increased focus needed to be put on these errors. He thought the problem stemmed in part from hospital cultures that were difficult to change. Doctors prize their autonomy, often scoff at checklists, and fail to understand their risk of error.

Experts explain that many doctors continue to resent rules aimed at preventing these wrong site surgeries, even though some types of surgeons have as much as a 25% chance of being involved in a wrong-site surgery. One safety authority member exclaimed of the situation, “It’s very frustrating. If you can’t solve the wrong-site surgery problem, what can you solve?”

Continue reading "Rules Preventing Wrong-Site Surgeries Are Ineffective" »

In the latest installment of Client Tell—our firm’s newsletter—we discussed the story of one family who we recently helped reach a settlement following the filing of an Illinois wrongful death lawsuit of their 20-month-old girl.

The young girl was a few months shy of her second birthday when she died in a central Illinois hospital. She had been born with congenital muscular dystrophy requiring a number of hospital stays before being released at home. However, even when away from the hospital she required a ventilator, pulse monitor, apnea monitor, and tracheostomy to help keep her airwaves open. Aiding the young child became an important family obligation.

Eventually the child checked into the hospital to begin a ventilator weaning schedule. For several hours a day nurses would help wean her from the machine. However, during this time records indicated that the girl still required frequent suctioning because her tracheostomy would often become clogged with mucous. The young child’s erratic movement often led staff members to remove monitoring leads—devices which alert staff members to problems immediately if they develop.

Eventually a nurse received approval from a doctor to remove the child’s electronic monitoring. The following evening, tragedy struck. Nurses found the young girl unresponsive in her hospital bed with blue skin. Resuscitation was attempted but the child never regained consciousness. She died several days later from brain damage. It was eventually discovered that the girl’s oxygen had been cut off by a mucous plug.

The family’s Illinois medical malpractice lawsuit alleged that the staff was negligent in its steps to cut off electronic monitoring, including failure to monitor oxygen levels and heart rate Our firm attorney Jeffrey Martin explained that “what makes this even more egregious was the fact that these mistakes occurred in an ICU where the care was supposed to be ‘intensive.’” The suit was eventually settled for $750,000.

Continue reading "Levin & Perconti Help Medical Malpractice Victim Obtain $750,000 Settlement" »

A stereotype of medical errors usually involves the belief that all medical mistakes take place while a vulnerable patient is in a hospital bed or on the surgical table. Upon hearing the words “Illinois medical malpractice” most think of accidents like the improper administrative of drugs to bedridden patients or the consequences of a slip of the surgical knife.

Yet, a more thorough understanding of the truth about these events requires looking beyond the hospital. As a recent post on the Wall Street Journal Health Blog argued, just as many medical errors take place in out-patient settings than at actual hospitals. This was made clear by a new study in the Journal of American Medical Association that analyzed malpractice claims.

The survey discovered that the total number of claims paid out by physicians for malpractice events were roughly equal between out and in-patient claims. The trends did not change much over the past few years, except that out-patient claims have slightly risen as a percentage of total number of errors.

The researchers who made the findings expressed surprise at the results. One investigator explained how she did not expect the total number of outpatient malpractice claims to be nearly that high. She suggested a possible reason, reporting that “there are many more sites of outpatient care than inpatient care, and many outpatient sites may be too small to have well-trained staff who devote significant attention to improving patient safety.”

By far the single largest cause of outpatient medical errors involved failure to diagnose. As we have often reported, a medical professional’s failure to diagnose represents one of the most deadly potential forms of error. One author explained how these diagnostic mistakes are best understood not as a single error but a series of breakdowns in the process.

Other commons forms of error that occur outside the hospital are those involving medication and the transition from a hospital to community-based care.

Continue reading "Need to Focus on Medical Errors Outside the Hospital" »

One of the most common forms of Illinois medical malpractice lawsuit involves patients who develop bedsores because of inadequate care at their medical facility. As blog readers know, bedsores (also known as pressure sores) are skin lesions which usually form due to constant pressure on bony prominences of the body. The pressure decreases the blood flow to those areas and causes a variety of problems depending on the severity of the sore. In the most extensive cases, there is full skin loss and extreme damage to all tissues, muscles, and bone in the area.

What makes these sores particularly distressing is the fact that they are virtually always preventable. Immobility, poor nutrition, inadequate hydration, diabetes, and other risk factors can be identified and accounted for to prevent the development of these ailments. When hospitals and nursing homes fail to prevent the problems, then there is often good cause to file suit for poor treatment.

That is what happened in the case of one man whose medical providers allowed severe bedsores to develop, resulting in a debilitating hip infection according to SI Live. He is currently unable to walk and may likely spend the rest of his life in a wheelchair.

He first entered the hospital after suffering a health episode that doctors diagnosed as encephalopathy or brain dysfunction. However, within a few days at the hospital, the man had developed pressure sores in various areas on his body. Complications from those sores continued to develop over the next year as he was shuffled between the hospital and nursing homes. He continues to suffer from infections, hip dislocations, and other issues.

The man filed a medical malpractice lawsuit against the facilities that caused his bedsores—including both the hospital and a nursing home. Recently the jury in the case found in favor of the man for $5.4 million. They specifically found that both facilities were partially at fault for the bedsores.

Continue reading "Hospital Bedsore Lawsuit Results in $5.4 Million Verdict" »

A trend that is quickly noticed by those who follow Illinois medical malpractice suits is the frequency with which the error at issue is related to a failure to diagnose. A fundamental aspect of receiving medical care is an assurance that the medical professionals will make you aware of all potential health problems that they reasonable should discover. Of course, patients do not usually walk into a medical clinic or hospital and tell the doctor exactly what ailment they are suffering from. Instead, they explain their symptoms and rely on the expert to perform the appropriate tests and apply their knowledge to identify the issue and provide treatment.

However, the necessary treatment to correct the problem can never be applied if the medical staff never catches the medical issue in the first place. That is the root cause of the egregious error known as missed diagnosis or delayed diagnosis. The main issue with this form of error is the lost time where proper treatment is not obtained, often allowing the condition to develop complications leading to more serious injury or death.

A similar issue was at the heart of a medical malpractice case that recently resulted in a $6.7 million verdict for the victim. The Insurance Journal has the details of the case. Following an accident suffered in an all-terrain vehicle crash, a man was rushed to his local hospital for treatment. The doctors initialized stabilized the man, but they provided inadequate follow-up care. As a result, they did not perform reasonable tests to check on his recovery which would have indicated that he was suffering from internal bleeding.

By the time doctor actually caught the bleeding, it was too late. The blood caused one of the man’s lungs to collapse which trigged a fatal heart attack. After hearing the evidence in the case, a jury found the negligent medical professionals liable for the error and awarded the wife of the victim $6.7 million.

Continue reading "Jury Awards $6.7 Million in Hospital Malpractice Lawsuit" »

Medication mistakes have a received a lot of attention lately as new evidence continues to roll out emphasizing the drastic scope of the problem. As explained, the most vulnerable victims of these errors are usually the elderly and infants.

A related story of deadly medical error was shared earlier this week by the Omaha World-Herald. The story explained how a new medical malpractice lawsuit has been filed by the family of a young child killed when she was given ten times the proper amount of blood thinner. The victim was just shy of her second birthday when she recieved a dose of blood thinner (heparin) far in excess of what was needed or could be handled by her still developing body.

The specific problem was caused by the local medical workers incorrect programming of the heparin infusion pump. The mistake was not corrected until five hours later, by which point the young victim was already in serious trouble. The overdose led to bleeding on the brain which took the girl’s life two days later.

The family has since filed a wrongful death lawsuit against the negligent facility which made the deadly mistake. In so doing they are also challenging the constitutionality of a state law which places a cap on the total amount of damage that a plaintiff can recover in one of these lawsuits. The family is suggesting that their due process rights are violated by the arbitrary limit of damage that a jury can find them to have suffered.

Continue reading "Fatal Blood Thinner Overdose Leads to Medical Malpractice Lawsuit" »

The reverberations of the DePuy hip recall that was issued last year continue throughout the country. For example, last month NPR published a story on the latest actions by the United States Food and Drug Administration to look into the safety of all metal-on-metal hip implants. The request was made not just of DePuy but of about 20 different manufacturers of the medical devices.

This latest request of more information about the consequences of these devices comes amid a flurry of complaints by those who may have suffered serious injury because of complications following their hip replacement surgery. The FDA is specifically asking these companies to report more detailed information on how long the hips last and the side-effects that some patients are experiencing.

Hip implants come in a variety of forms, with many using ceramics, plastics, and metal in various ways to help replace the ball and socket of a hip. Of course the type devices in question are solely made of metal with both the ball and socket rubbing together in use. One of the main problems with the device is that the artificial joint may emit tiny particles of metal into the surrounding bloodstream and tissue. This particle release often results in infection, necrosis, infection, and allergic problems. If enough metal is released into a patient’s bloodstream, the product may also cause cardio and neurological problems.

Experts encourage all hip replacement patients to be mindful of potential changing in feeling around their implants, such as numbing or swelling. If changes do occur, it is vital to visit with a doctor to ensure that no long term complications develop.

Continue reading "Food & Drug Administration Requests More Information on “Metal on Metal” Hip Replacements" »

We frequently have discussed the myriad of forms in which medication errors affect victims across the country. In most cases, the problems stem from errors made by professionals in a hospital setting who mistakenly give the wrong amount or kind of medication. However, pharmacists are also capable of making costly errors with medications that may have serious consequences for the victims.

The West Virginia Gazette recently reported on a new medication error lawsuit filed by a family against Poca Valu-Rite Inc., claiming that the store dispensed the wrong drug causing their 10-year old child to suffer severe injuries.

Specifically, the complaint alleges that the young child was supposed to get “Risperdal 3mg” but instead was given “Requipt.” Upon picking up the bottle from the pharmacy, the victim’s mother explained that she questioned the doctor upon first receiving the medication because the bottle was different than she had previously seen. However, the doctor explained that she should not worry because the different appearance was simply caused by a generic form of the drug being given.

The mother rightfully trusted the reassurance by the doctor and began giving the medication to her son. After taking the drug for about six days, the boy became severely ill. The complaint explains that the 10-year old “began experiencing psychosis, sleeplessness, decreased appetite, frequent vomiting, facial flushing, pharyngitis, gastrointestinal problems, and was admitted to the pediatric intensive care unit.”

Many of the injuries sustained by the child are apparently permanent. The victim’s family subsequently filed the lawsuit against the negligent pharmacy for the injuries caused by the error.

Continue reading "Medication Mistake Lawsuit Filed Against Pharmacy" »

This weekend we reported on the staggering scope of the problem of medication errors. The toll that these mistakes have on healthcare throughout the country cannot be exaggerated. In fact, according to a new article at AMED News, more people are rushed to the emergency room each year from medication errors (or “adverse drug events”) than for things like pneumonia and strep throat.

In total, there are about 4.5 million outpatient visits annually related to problem with medication. Of that amount, about 400,000 of those mistakes require hospitalization and extended extra treatment. One doctor involved in the study highlighted the problem, noting, “It’s scary just to think about the number of patients who are coming in with adverse drug events—and it could be the tip of the iceberg because there is a whole group of patients with problems who are not coming in.”

The mistakes most often affect seniors and those taking multiple pills in a single day. Specifically, the latest report found that patients over 65 were twice as likely as all others to experience problems. Also, those taking six drugs or more had high odds of being hospitalized for medication problems.

Prevention of these mistakes may come in various ways. Errors caused by hospital staff members can be prevented with more use of checklists and other procedures to ensure that the right type and amount of medication is given at all times. Doctors must also be sure to continually monitor their patients’ drug-drug and drug-disease interactions to ensure that they do not pose risks. Also, it is important for each patient to understand exactly when and how much of their pills they should take while at home.

Continue reading "Medication Errors Require Millions To Receive Additional Care" »

A man who claims his doctors failed to diagnose a serious spinal condition from which he was suffering has filed an Illinois medical malpractice lawsuit. The Madison-St. Clair Record has the details of the latest legal filing.

The victim is from Collinsville, Illinois who visited doctors at the Southern Illinois Brain and Spine Center following a work injury. He had severe lower back pain and some problems with his left leg. The first doctor the man saw did not notice anything and referred the man to a second doctor who also did not immediately diagnose the man with any spinal conditions. Instead, the second doctor told the man that he needed an operation on his spine. The complex surgery involved various back procedures including a laminotomy, foraminotomy, and a disectomy.

However, the man’s back and leg pain continued. It was later discovered that he actually had Caudia Equina Syndrome. The condition includes complications with the nerve roots that extend from the brain. It causes them to become compressed and paralyze. The nerves are responsible for sending messages from the brain to other parts of the body, including the legs. Patients who do not receive quick treatment often face permanent paralysis, impaired bladder control, and loss of sexual sensation.

The suit alleges that the doctors did not perform tests that they should have which would have identified the problem. On top of that, the complaint suggests that the surgeon who operated on his back was negligent in his conduct by removing spinal material unnecessarily.

Continue reading "Illinois Medical Malpractice Complaint Filed Against Brain & Spine Center" »

Perhaps no single form of medical error occurs more frequently than medication mistakes. Virtually everyone takes some form of medication on a daily or weekly basis, from over-the-counter pills to more potent prescriptions from hospital professionals. The amount of medication used by individuals across the country every day means that problems with the use of these drugs occur with surprising frequency.

Medicine Net News discussed the problem last week and the need for improvements. The National Coordinating Council for Medication Error Reporting and Prevention reported that nearly 1.3 million people are injured in the United States every year because of medication errors. That figure was reached based upon the definition of these mistakes as “any preventable event which may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care professional, patients, or consumer.”

The U.S. Food and Drug Administration is also involved in the problem, collecting information about the scope and type of medication errors. The FDA explained how the most common form a fatal medication mistake involves the administration of an improper dosage. For example, there have been several cases over the past few months of infants killed in hospitals when their medical providers administered far too large a dose for their small bodies.

In addition, the elderly are often the most at risk of these problems. The FDA explained how almost half of all deadly medication errors occurred in people over the age of 60. This is likely the case because of the amount of drugs that senior citizens take, often on a daily basis.

Continue reading "Improving Healthcare Requires Identifying the Most Common Medication Errors" »

A doctor recently wrote a post for the Huffington Post explaining why she encourages other physicians to reveal medical mistakes when they occur. Unfortunately, in our area there remain few instances of healthcare professionals who reveal errors when they occur, because of their claimed fear of facing an Illinois medical malpractice lawsuit.

However, as the article explains, when compared against virtually all other professions, it remains strange that doctors would not commit to honesty in all their interactions with patients. If a restaurant lets some dangerous substance slip into your food, you would obviously want to know it. If your mechanic accidentally broke something on your car, you’d hope that you would find out. Obviously the same is true for the work your medical professional does on your own body.

But not only is sharing the truth about medical mistakes the “right” thing to do. It is also the effective thing financially. A new study published by the American Medical Association itself explained the monetary effect of disclosing medical errors. The findings? Hospitals that launched a disclosure program saw their annual lawsuits drop by more than 50% and the average costs of the lawsuits that they did face were also cut virtually in half.

There simply remains no good reason why doctors should be secretive about their work or attempt to hide potential problems from patients. With open lines of communications doctors are capable of proving better care. As the study’s author shared, “We do know disclosure of medical errors has been increasingly accepted and expected by caregivers…almost all agree that disclosure is the right thing to do.”

Continue reading "The Importance of Doctors Disclosing Their Mistakes" »

Earlier this week we reported on a wrongful death lawsuit that resulted in a jury award for $7 million filed by the family of a woman killed when her bowel was punctured. Today, About Lawsuits has published a story on yet another medical malpractice lawsuit involving the death of a woman due to a doctor damaging her bowel.

According to the complaint, the victim—a wife and mother of three children—visited her doctor to get an exploratory laparotomy conducted to treat a small bowel obstruction. The victim left the procedure feeling a bit uneasy. About two weeks later her symptoms has worsened. Doctors found that she had a fever, high white blood cell count, and other signs of infection. A CAT scan was performed which showed multiple abscesses. Those abscesses suggesting that she had a hole in her bowel.

Some corrective measures were attempted, but in another two weeks she was again hospitalized after bleeding from an open wound. After transfer to another hospital she was diagnosed with septic shock and inter-abdominal problems which led to multiple organ failure. The victim was eventually placed on life support until her family asked that it be removed. They subsequently filed this medical malpractice lawsuit.

It is difficult to remain unmoved by stories of suffering and tragic loss like this one. The victim’s family was understandably devastated by the loss. Some of the worst examples of medical malpractice involve a patient who intends to have a basic procedure completed only to have complications develop causing death. As the stories reported here reveal, these sorts of accidents occur in all parts of the country with far too much frequency.

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As we have often explained, some of the most costly and damaging medical errors result when medical professionals make mistakes leading to brain injuries. Few complications more negatively affect an individual’s life and ability to properly care for themselves and others. The consequences of these incidents usually affect entire families.

That appears to be what happened to a southern Illinois woman according to a new Illinois medical malpractice lawsuit that was filed in the Metro East area. The Madison-St. Clair Record reported on the new suit. According to the complaint, the female victim is claiming that her neurologist failed to recognize the development of excess tissue on her brain.

In early January 2008 the victim first visited the brain doctor to whom she had been referred by her eye doctor. The doctor apparently examined the woman but failed to appreciate the danger posed by a one centimeter lesion adjacent to the woman’s right carotid siphon. He also did not tell the woman’s eye doctor about the lesion. The neurologist failed to refer the victim to a neurosurgeon in a timely manner to help treat the lesion before it created even more problems. Consequently no treatment was provided and the lesion doubled in size over a year.

The growth has led to brain injuries. She now suffers from double-vision, headaches, and memory loss. She is in constant pain and is permanently disabled.

Continue reading "Illinois Brain Injury Results in Medical Malpractice Lawsuit" »

The Winston-Salem Journal published a story late last month on a verdict that was reached in a wrongful death lawsuit filed on a behalf a 54-year old woman who died tragically because of a hospital mistake.

The report indicates how a string of errors and complications ultimately took the life of the victim even though she only went into the hospital initially for a hysterectomy. Following the procedure the woman reported pain, but the doctors did not do anything about the concern. Instead they sent her home the next day. However, it soon became clear that something was wrong. Eventually, over three days after the operation, doctors discovered that they had accidentally perforated her bowel.

As a result of the surgical error, the woman developed a string of complications included sepsis, multiple organ failure, kidney problems, and brain complications. She died a few months later.

A wrongful death lawsuit was filed on behalf the woman and the trial was finally concluded a week and a half ago. A jury heard how the woman’s doctors ignored symptoms following the surgery like an elected white blood count that is indicative of inflammation. On top of that, even upon returning to the hospital—which was an hour and half away—there was nearly a full day gap between doctor check-ups.

By the time a second operation was ordered to fix the problem, it was too late. She had developed so many complications that her organs began to fail. The family eventually requested that she be transferred to a different hospital. She remained in poor condition at that hospital until her death about two month later.

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Some confusion has recently been created about President Obama’s position on issues related to “tort reform.” In an effort to create an unclear perspective about the President’s opinion about the rights of medical malpractice victims, there were some suggestions that he was open to caps on damages in medical liability cases. Fortunately, the New York Times reported last week on clarification from White House officials that confirmed that the President does not support these arbitrary caps. He is also opposed to egregious measures that would have terrible effects on the rights of Illinois medical malpractice victims, like the bill known as H.R. 5.

Specifically, the spokesman noted how the President “does not support caps on medical malpractice awards, since they can be unfair to people who’ve been wrongfully harmed.”

Of course those proposed caps would essentially immunize certain big interests from large damage amounts at the expense of those who have been harmed by their negligence. These sorts of changes would also lessen the incentive of medical companies and healthcare providers to ensure the best quality of care and take steps to improve the overall quality of care.

The best evidence available shows that as many as 100,000 patients are killed each year because of mistakes that should have been prevented. That figure does not count the many more patients who are not killed but face medical complications because of errors made by their providers. It remains inappropriate to even begin to have discussions about steps that would only work to disincentive changes that would lower those shocking stats.

Continue reading "President Obama Remains Opposed to Taking Away Rights of Medical Malpractice Victims" »

Some of the most costly forms of Illinois medical malpractice are surgical errors. The chances for severe consequences are high when mistakes are made while an individual’s body has been opened up. It is vital that medical professionals do all in their power to eliminate as many risks for mistakes in surgery as possible.

That is why notice is being taken of a new article in HealthDay highlighting one way that medical facilities increase the risk of mistakes: too much noise in the operating room. Specifically, new research to be published in the July issue of the British Journal of Surgery suggest that noisy operation rooms put patients at a greater risk for surgical site infections (SSIs).

The infections are then associated with longer, costlier stays at the hospital. One doctor involved in the study explained, “SSIs lead to patients spending up to 13 days longer in [the] hospital, making their stay cost up to three times as much.”

The connection between the noise and the errors was found by examining 35 patients who underwent major abdominal surgery. The investigators compared a variety of factors in the room including the noise level, size of the surgical room, and length of the procedure. Of that group six developed the infections with the noise level being the only variable that increased the risk of SSI. The researchers believe that the noise increases the stress level in the hospital room, negatively impacted the concentration of the doctors.

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As we keep track of proposed federal and state legislation that may affect Illinois medical malpractice victims, we occasionally urge readers to contact their elected officials to advocate for or against certain measures. The Washington Post recently reported on a new system that is attempting to make it easier for the public to connect with their Congressional representatives.

Known as Popvox, the website is claims to offer a better way for all area residents to connect with Congressional officials. The company is working to provide information about how constituents actually feel about issues to politicians, staff members, and others involved in the process. The site claims that it is not a discussion form, but a place for action.

Popvox works by having members of the general public select bills that are currently pending in Congress. The individual can choose to support or oppose the measure and write a message about the bill to be sent to their Congressional representative. This is intended to be a direct way to ask your legislator to take specific action on proposed bills.

The group claims that Popvox information may be taken more seriously by members of Congress, because the message is sent ot the representative with your real name and address. In that way the member knows that you are an actual constituent and is much more likely to take the opinion into consideration. The website is capable of aggregating the opinions of all users and make it available free online for use by advocacy groups, the media, and other organizations in their discussions and work efforts.

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When hearing about Illinois medical malpractice, most people righty conjure images of mistakes made in hospitals. However, errors made by medical professionals can occur wherever heathcare is needed, including in nursing homes. One of the most rampant ways that poor medical care is administered at these homes is through the misuse of antipsychotic drugs. The use of these pharmaceuticals often creates a large, unnecessary risk when given to certain elderly residents in nursing homes. In fact, drugs like Seroquel, Risperdal, and Zyprexa come with a specific black box warning that they may increase the risk of death in dementia patients when used for “off-label” reasons. Yet far too many facilities continue to use the drugs in that way.

Yesterday Trial News explained the results of an investigation into the use of atypical antipsychotic drugs in the nursing home context. “Atypical” drugs refer to a newer type of medication, also known as “second generation” pharmaceuticals. Federal investigators at the Department of Health and Human Services (HHS) conducted an analysis of the use of these drugs by examining Medicare reimbursement claims. The study found that 76 percent of claims for these atypical drugs were for off-label conditions and were given to dementia patients. This was true regardless of the fact that the drugs carry the specific warning that they not be given to patients with dementia. As blog readers know, these drug mistakes constitute one of the most egregious forms of Illinois medical malpractice .

The General Inspector of the HHS explained his anger at hearing of the results. He said, “Government, taxpayers, nursing home residents, as well as their families and caregivers should be outraged and seek solutions. It is of great concern that so many nursing home residents are prescribed these drugs in the first place.”

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Yesterday we highlighted a post by the 7th Amendment Advocate which explained a recent conservative opinion piece advocating against the legislation known as the HEALTH Act, or H.R. 5. As that and other outlets have reported, virtually unanimous legal scholars from all points of the political spectrum have come together to share disdain for the incredibly misguided proposal which seeks to take away rights of injured medical victims.

This latest conservative scholar took to the pages of a popular libertarian leaning legal blog, the Volokh Conspiracy, to offer comments against the proposal. The conservative legal professor explained how consistency and principled legal opinion demands that all Republican legislators who advocate for limits on federal power stand in opposition to this bill which demonstrates a drastic federal government overreach. We have previously explored the hypocrisy of most of the bill proponents, who vocally advocate against proposals that use the exact same constitutional basis being put forward to support H.R. 5.

The legal academic explained how federally mandated tort reform like that seen in H.R. 5 was unnecessary and likely beyond federal power. States are perfectly capable of handling these matters themselves, and uniformly removing the rights of Illinois medical malpractice victims is never an appropriate response.

With the growing chorus of experts voicing opposition to H.R. 5, there remains not a single conservative scholar who has explained any support for the dangerous measure.

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Our Illinois medical malpractice lawyers believe that the rights of injured victims should never be compromised on behalf of well-funded big interests. Virtually all tort reform legislation which would take away victims’ rights is unnecessary and damaging. However, even those who feel that certain, limited reforms need to be enacted are capable of noticing extremely misguided proposals like that advocated in H.R. 5.

The 7th Amendment Advocate recently posted a story explaining how more and more so-called tort reformers are stepping up and admitting that H.R. 5, or the HEALTH Act, constitutes a blatant federal government overreach that cannot be tolerated. Yet another pro-tort reform scholar this week declared that Congress cannot “impermissibly federalize all medical malpractice litigation.”

The academic joins various other scholars who are calling out Republican supporters of the bill who claim to be against federal government overreach but then support unprecedented federalization of state tort law. There is no logical basis for tort reformers to pretend that they are acting consistently if they are against expansion of federal powers to also support overhauls like H.R. 5. As this latest scholar has noted, it is unacceptable for principles to be abandoned by those who so eagerly want to strip those who file Illinois medical malpractice lawsuits of their right to have a jury decide all of the issues of their case. The fact remains that Congress does not have the authority to enact tort reform legislation that would completely overhaul state decisions about state rules in state claims heard in state courts.

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