Illinois Medical Malpractice Blog

The Illinois medical malpractice attorneys at our firm usually work on cases where a medical professional has failed to perform up to a reasonable standard of care. In these case a patient has suffered severe harm because their doctor did something inappropriately or did not do something that should have been done according to prudent medical practices. These cases of negligence on the part of medical professionals frequently give rise to what are referred to as medical malpractice lawsuits.

However, hospitals and medical centers can also be the site of other actions which might give rise to civil lawsuits. For example, AMED News posted a story this morning on an appellate court ruling involving potential liability related to a patient-on-patient assault. The case involves a 20-year old woman who was a patient at a mental health facility after experiencing mental problems. While showering at the home the woman reported that a male resident entered her room and assaulted her. Following the incident the victim filed suit against the medical facility for failing to properly monitor the other individuals in the facility and not properly supervising the man who assaulted her. She also alleged that the facility did not have the resources to properly care for all of the residents in the home.

The medical center denied liability and thought to have the suit thrown out because of failure to comply with certain medical negligence procedure rules. Conversely, the plaintiff’s attorneys explained that the case was not a medical malpractice suit, because the conduct in question did not bear a substantial relationship to medical care provided by a medical professional. The trial court initially ruled in favor of the medical center. However, recently a state appellate court overruled that decision and noted that the woman could proceed with her claim under a premise liability theory. Premise liability refers to the responsibility that all property owners owe to those on their property to keep them safe from certain dangers.

This case is also an important reminder of the need all facilities like this medical center to ensure that patients, residents, and guests are kept safe from criminals in the area. A report last year from the Joint Commission showed that health care institutions are increasingly the site of crimes like assault, rape, and homicide. In the last decades and a half there have been at least 256 such violent crimes reported in the organization’s database.

One of the key roles of all injury attorneys is to listen to a potential client’s story and understand each of the various potential legal theories that could be used to recover for the victim. As this case demonstrates that involves sharing information about potential alternative bases upon which the case may be rooted. Not all incidents that occur in a hospital fall under a malpractice theory. In our area, a quality Illinois medical malpractice attorney must be flexible enough to understand all ways in which a client may recover. Zealous advocacy on behalf of clients demands that no stone be left unturned when working to help victims navigate the often complex legal system.

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Potential Alarming Levels of Chicago Nurse Fatigue

Doctors Need to Disclose Sleep Fatigue Before Surgery

Politicians on both sides of the aisle are prone to make claims about the effects that medical malpractice “reforms” might have on various aspects of the healthcare industry. Of course, it is assumed that everyone involved has the same goal of ensuring affordable, high-quality, error-free care to all community members. However, disagreements remain about exactly what changes, if any, need to be made to better reach that goal. Unfortunately, misinformation abounds about the effects of claimed “reforms” of the system.

For example, Republican presidential candidate and current Texas governor Rick Perry recently made a claim about the effect of medical malpractice reform in his state while on the campaign trail. Texas enacted changes to its tort law which place caps on the awards that victims of malpractice can receive regardless of what juries decide they are owed. Mr. Perry suggested that one of the effects of caps was a dramatic increase in the number of physicians in the state. He claimed that 21,000 more physicians began practicing in Texas in the nine years since the tort reform specifically because of the change in the law. Mr. Perry said that more than 30 counties that did not have certain types of care in their area now do because of the law change.

One well respected government watchdog group—2009 Pulitzer Prize winner, Politifact—went about actually checking those claims. First, they found that Mr. Perry’s figures were off by about 8,000 physicians. However, an increase in 12,000 physicians is still a welcome figure. But was that increase in any way attributable to the tort reform law? The impartial investigators discovered that it clearly was not.

For one thing, the population of the state went up 20% while the number of doctors increased 24%, meaning that much of the increase was likely just a natural product of population growth. Some so-called reformers may argue that that still represents a slight increase in the influx of doctors as compared to the population. Yet, a look at the doctor growth rate before the tort reform law was enacted shows that doctor rates outgrew population increase rates when compared to the nine years since the law. In other words, there is absolutely zero evidence to suggest that the law had any affect whatsoever on doctor retention.

Continue reading "The Truth About “Tort Reform” Effect on Doctor Increase" »

The Record reported this morning on a new medical malpractice lawsuit that some observers want to be used to mount a successful challenge to one state’s unfortunate medical malpractice damage cap law. The law—known as the Medical injury Compensation Reform Act—limits pain and suffering jury awards to $250,000. This means that regardless of how much a jury agrees should be paid in a particular case, the amount will be decreased to this default amount. However, some are working to challenge the constitutionality of that law.

The latest case involves a 49-year old man who was killed in 2006 due to hospital negligence while being treated for a motorcycle accident. Specifically, the surgeon in that case was negligent in taking the man off life-support far too early. The doctor removed critical medical services and was preparing the man to go home while ignoring clear signs that his body was shutting down. Following an earlier medical malpractice case, a jury in the community agreed that the widow of the man was entitled to $8.5 million from the negligent surgeon and hospital that caused his death. However, per the arbitrary law, that award was decreased to a mere fraction of the award deemed appropriate by neutral jury members.

However, the case is now being appealed on the grounds that the law which reduced the award violates the state’s constitution. Victim advocates explain how the caps are an affront to juries and a clear violation of the victim’s right to a jury trial. The role of judges have also been tampered with, because they now have no discretion to raise and lower awards basic on any perceived juror irregularity.

Yet, there are avenues for victims to challenge the constitutionality of these laws. A legislature makes these laws, but it is up to the court system to specifically interpret how those laws apply in a particular case and to ensure that those laws conform with the requirements of a constitution. If a victim believes that the law is contrary to a provision in the constitution, then the victim can file a suit on those specific grounds. The case then works its way through the court system with the attorneys explaining to judges specifically how the law runs counter to the mandates of the constitution and must therefore be rejected. Various levels of trial and appellate courts exists so that once one court reaches a decision, it may be heard again by another panel of judges. In cases dealing with constitutional issues such as this it is usually ultimately decided by the highest court in the state. In those cases, the supreme court either takes the case and makes a definitive decision or decides not to hear the case, thereby essentially upholding the decision of the lower court.

Readers may be familiar with the fact that Illinois medical malpractice damage caps were ruled unconstitutional a few years ago by our own state Supreme Court. We remain in steadfast support of all those who are fighting against these misguided “caps” that take away victims right, disregard the role of the jury, and eliminate all judicial discretion. Contrary to misleading reports, we know that frivolous Illinois medical malpractice lawsuits have little to no effect on the overall cost of healthcare. It remains irresponsible for legislature to bow down to large interests for their own benefit at the expense of regular community members who suffer devastating loss through no fault of their own.

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Impartial Organizers Lining Up Against House Resolution 5

H.R. 5 Medical Malpractice Proposals Shot Down By Committee Testimony

Our Illinois medical malpractice attorneys understand that while we vigorously believe in the injustice of “tort reform” measures that take away the rights of injured victims, we are easy for other to attack because of the type of work that we do. Those who are actively seeking to arbitrarily override jury decisions accuse those in our position as simply being greedy individuals who want to make more money and profit off others. We understand the political reasons why medical malpractice lawyers are attacked in this way. These clearly biased attacks will do nothing to dampen our commitment to helping injury victims seek justice and fairness with the big interests that do them harm.

We also well understand that we are on the right side of justice with many other impartial organizations when we stand against dangerous “tort reform” legislation that percolates throughout the halls of Congress. The latest version is known as House Resolution 5 (H.R. 5). As an Injury Board post explained on Friday, many impartial, non-profit organizations have come forward against this backward-thinking legislation.

Recently the Director of the Congressional Watch division of one of those groups, Public Citizen, explained how H.R. 5 was a “grab bag of the worst set of ‘deforms’ proffered yet.” The legislation would essentially combine many of the most damaging methods of limiting the rights of regular citizens to seek justice in the courtroom, combine them, and mandate that all states in the country follow it. Just a few of these so-called medical malpractice reforms include: arbitrary caps on damage awards, shorter statutes of limitations, and preemption of state laws on the topic. Also very troubling is the fact that this legislation applies to not only negligent hospitals and doctors but also to abusive nursing homes, medical device makers, and pharmaceutical manufacturers.

It does not take much investigation to uncover how these dangerous bills are considered by lawmakers. Many of the big –interests who will be protected from legal claims against them—such as hospitals, doctors, and drug companies—frequently lobby and onate piles of campaign cash to supportive politicians to “encourage” them to support “liability reform” measures. Amazingly, these deliverers of misinformation have been able to convince some that medical malpractice lawsuits are somehow one of the biggest reasons that healthcare costs are increasingly. Virtually every single independent study on this issue has found that to be completely untrue.

In our area, virtually every Chicago medical malpractice attorney understands the often devastating effects that these preventable medical errors have on the lives of local community members. When these victims seek redress in the court system they are not asking for handouts or windfalls. Instead, they simply ask a jury of their peers to consider the information in the case and return a fair verdict. Those jury members do not have any personal stake in the cases. Yet, amazingly, some lawmakers in Washington D.C. believe that they know better than each and every jury across the country. Those pushing this legislation believe that they should make decisions about awards in every one of these medical malpractice cases, regardless of what an impartial jury who actually heard both sides decides. This attempt is completely wrong-headed and in violation of the spirit of the justice system upon which our nation should take pride.

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Person Injury Lawsuit Alleges Negligence By Hospital in Bad Diagnosis

Former Tort Reform Advocate Realizes the Harm from Damage Caps

For years certain interests have worked to convince Americans that medical malpractice lawsuits are of the main reason why healthcare costs have increased. Our Illinois medical malpractice attorneys know full well that the claims made about these lawsuits are dramatically overblown, as research continues to explain how even the most draconian “tort reform” efforts have next to no effect on these expenses. Instead the unfortunate rise in medical costs are being used by deep-pocket interest groups as an opportunity to use misdirection to take away the legal rights of average consumers so that their profit margins can increase even more. We must do everything in our power to fight these untrue and unfair attempts to undermine the justice system.

It is also helpful to spread information about the true causes of price increases. For example, Forbes reported today on one of the main problems: hospital monopolies. The author explained that—far from limiting the rights of medical malpractice victims—one of the main ways to lower costs is to change the way that healthcare is sold. Previously consumers (and health insurance providers) could work to essentially “shop around” and ensure that those healthcare professionals who charged less for certain services received more patients. In this way the market system was allowed to work to balance medical quality and costs.

However, all of that changes when those once-competing hospitals merge into one. When that occurs the medical providers take all of the leverage and can charge whatever price it wants for certain services. These large healthcare monopolies can essentially strong-arm smaller competition and insurers into doing what they want, which includes accepting higher costs.

Many advocates believe that governments need to do more to combat these strong-arm tactics. There are some signs that public bodies are doing just that. For example, the Department of Justice has opened an investigation into anticompetitive behavior of the Boston-based Partner’s Healthcare. Similarly, the Federal Trade Commission recently began challenging a merger between two Toledo hospitals after the newly merged business immediately began increasing rates. As soon as the merger was finalized the companies went to insurers to demand higher reimbursement rates which are then passed onto consumers who will have higher premiums.

However, much work still needs to be one before the situation is adequately addresses. Some advocates explain that stronger doctor-hospital alliances—known as “accountable care organizations”—may make the problem worse. These partnerships can strengthen the medical provider’s bargaining power even more, allowing these conglomerates near unchecked power to charge whatever rates they want in a certain region.

Far too many area residents struggle each day to afford basis health coverage. It is important for all steps be taken to investigate how to bring down these often staggering costs. In our area any experienced Illinois medical malpractice attorney knows that lawsuits are not the problem. Instead, it is helpful to focus on systematic problems relate to the sale of that care. This includes working to ensure large medical monopolies do not unfairly strong-arm the market and use their power to force higher rates upon community members.

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Medication Errors Require Millions to Receive Additional Care

Improving Healthcare Requires Identifying the Most Common Medication Errors

Medical patients remain incredibly vulnerable to the poor decisions of their medical providers. Patients are reasonable in relying on the choices and decisions made by their doctors and nurses, so that if those choices are not up to the standard of a reasonable medical professional, the patient often remains unaware. In our area the root of most Illinois medical malpractice cases are found in just this sort of violation of trust between medical provider and vulnerable patient.

Similarly, medical patient are usually totally reliant on the quality and safety of medical devices, supplies, and equipment that are used in their medical care. Virtually no patient has the expertise to understand when medical supplies are defective or used incorrectly. That is why it is important for the legal system to remain open to help these unsuspecting victims of misuse of these devices to recover for their losses.

For example, last month the Food and Drug Administration issued a safety alert which reported on the serious complications associated with the transvaginal placement of surgical mesh to treat certain conditions. This mesh is a medical device that is occasionally used to repair damaged tissue. It is made from unique material that comes in both absorbable and non-absorbable formats. For urogynecologic proceures the mesh is frequently used in permanently reinforce weakend vaginal walls in two contexts: to repair pelvic organ prolapsed or to support the urethra while treating urinary incontinence.

Unfortunately there have been many concerns about the potentially defective medical device and medical misuse of it. Specifically, the U.S. Food and Drug Administration reported on serious complications that thousands of patients may have experienced as a result of this mesh use. The FDA specifically urged all involved professionals that complications from use of this mesh was not rare. Many problems have resulted from the use of this product, most notably the mesh can erode through the vagina resulting in pain, infection, bleeding, organ perforation, and urinary problems.

Problems related to this surgical mesh arose as early as 2008, and complications have continued to be reported since that time. Research has found that use of the mesh has shown no better results than alternative treatments for these problems that do not rely on transvaginal mesh placement. In addition, these alternative options were show not to expose patients to the myriad of risks associated with the mesh product.

Continue reading "Food & Drug Administration Warns of Serious Complications from Transvaginal Mesh Placement" »

News Wise reported today on new research from Johns Hopkins which examines light on one common hospital practice that increases safety risks to patients. The new study examined the quality of services provided by temporary staff members in hospital emergency rooms. Specifically, researchers wanted to better understand if medical errors were more likely to be committed by these types of workers in this medical setting. The results indicate that hospitals administrators committed to eliminating medical malpractice should take a close look at this practice of using these services.

The main take away from the research revealed that temporary staff members were twice as likely to commit medication errors when compared to permanent employees. The research was conducted using an Internet based medication error reporting system from 2000 to 2005. Nearly 24,000 medication errors were part of the study which involved more than 592 hospitals. The findings, which appear in the latest issue of the Journal for Healthcare Quality, found that not only did temporary workers make more errors, but those errors were more likely to reach the patient, result in temporary harm, and be life-threatening.

Temporary workers—particularly nurses—are becoming an increasingly common site in the health care workforce. Hospitals use these non-permanent employees to fill-in for others on both a short and long-term basis. Many medical administrators like these workers because they are considered cheaper alternatives overall. While they often make slightly more money per hour they do not receive benefits.

Analysts seeking to understand the data suggest that temporary workers unfamiliarity with local staff members, care management systems, and hospital procedures may be at least a partial cause in the problem. The new circumstances may affect communication between employees creating an environment that breeds increased errors. In addition, temporary employees may be less likely to speak up if they suspect a problem. These workers manage their own continuing education (unlike permanent employees) and so part of the problem could also be that have less familiarity with new medication knowledge.

The problem is particularly prevalent in the emergency room context, because of the increased severity of many injuries, the medical complexities involved, and the decreased time available to make often life-saving decisions. The circumstances also mean that many medications are administered without the standard pharmacy check that occurs in other contexts. It remains unclear if the increased risk of errors with temporary workers exists in contexts outside of the emergency room. Further research is needed to pinpoint exactly how large of a problem these issues might be in other healthcare contexts.

Continue reading "Temporary Emergency Room Staff Members Pose Increased Risk of Medical Errors" »

This week the Chicago Tribune reported on steps taken by the state that revoked the licenses of nearly a dozen health care workers who have been convicted of violent crimes or sex crimes against their patients. The six physicians and five nurses who lost their ability to practice in the state were the first facing punishment under a new state law. Blog readers are aware of several new pieces of legislation that were passed by lawmakers this year to prevent Illinois medical malpractice and abuse.

It seems self-evident that those medical care providers who specifically commit crimes against their patients should not be able to endanger future patients after their conduct is uncovered. However, these potentially dangerous professionals had previously been able to continue to see patients even after these transgressions. Most of the new patients who saw these doctors and nurses had no idea that the individual had previously violated the trust of their patients. For example, an investigation last year found that at least 16 physicians had committed sex crimes against their patients in the last fifteen years with none of them ever being forced to stop seeing patients.

The eleven who lost their licenses this week had been convicted of crimes ranging from child pornography and battery of a patient to aggravated criminal sexual assault. The new law specifically targets dangerous Illinois doctors and requires regulators from the Department of Financial and Professional Regulation to revoke the medical license of healthcare workers convicted of sex crimes, forcible felonies, or misdemeanor battery of a patient. The state representative who sponsored the measure explained that the law was intended “to protect people from persons who are in positions of great trust and authority” who abuse their duty.

When a doctor forcible harms or sexually assaults a patient, it goes way beyond Illinois medical malpractice and into criminal abuse. Under no circumstances should those who commit these egregious acts be permitted to continue treating unsuspecting patients. This new law is an important step in the continual fight to keep patients safe from abusive and negligent medical professionals.

In our years of experience our Chicago medical malpractice lawyers have come to understand that while most of those who work in the healthcare field are competent individuals who care about their patients, mistakes still arise. There are often life-altering consequences for the patient as a result of those mistakes. In those instances, it remains important for the victims to have recourse to be compensated for their losses.

In some cases, these healthcare workers not only make a mistake but engage in systematic neglect that injures many patients. When cases such as that arise it is essential for steps to be taken to ensure that the chronic abuser is no longer allowed to harm future patients. In the past, there was often minimal punishment for those who repeatedly injured those in their care. Hopefully this law will be a helpful way to improve upon that record and hold repeat abusers accountable. The health, well-being, and safety of so many community members hinges on these decisions.

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Possible Medical Malpractice Lawsuit After Doctor Performs Eye Operation on Wrong Eye

Rules Preventing Wrong-Site Surgeries are Ineffective

When a potential client in our area visits an Illinois medical malpractice lawyer they are usually interested in sharing their story of problems at a hospital or medical clinic. Most community members think of mistakes made by hospital doctors or nurses when they envision the circumstances that trigger a medical malpractice lawsuit. It is true that these medical situations like surgery, childbirth, and missed cancer diagnosis are often the root of the problems. However, in reality medical malpractice can be committed by many individuals, from nurses’ assistants and family doctors to psychiatrists and psychologists.

Dentists can also be guilty of medical malpractice if they fail to provide care that a reasonable dentist would give in any given circumstances. For example, the West Virginia Record reported yesterday afternoon on a new lawsuit that a man filed against his dentist alleging negligent dental care that caused him harm. According to the suit the man went to his dentist with severe pain in the lower left side of his mouth. During that first visit the doctor extracted three of the man’s teeth. However, the dentist did not schedule any x-rays or prescribe any antibiotics as part of that visit.

The man’s pain never went away. As a result he eventually got another appointment scheduled where the doctor’s staff members noticed that a root of one of the extracted teeth was still in his mouth. He was scheduled for surgery the following day. However, before that operation the man had a seizure and was rushed to a local hospital. It was discovered that he had an abscess on the left side of his brain. Two days later the abscess had move to the right side of his brain and he became unresponsive. The victim was forced to have emergency surgery and he remained in intensive care for the next two weeks.

Following the ordeal the man filed a suit claiming that he was a victim of dental malpractice. He explained that the dentist and his staff members owed him a reasonable duty of care that was breached. Specifically the lawsuit alleges that the doctor violated his duty by failing to remove the roots of his teeth when they were extracted. A reasonable doctor would have taken appropriate x-rays, caught the problem, and filed a quicker follow-up appointment when the pain did not go away. In addition, it would have been reasonable to treat the victim with antibiotics, however the doctor did not do so in this case.

Continue reading "Dentist Accused of Medical Malpractice" »

Medication errors are some of the most common forms of medical malpractice. The reason that medication mistakes occur so frequently is likely due to the prevalence of medication use. Not everyone has surgery every year, every five years, or every ten years. However, there is a good chance that many people will take some form of medication on a daily basis. Many seniors take several drugs each and every day, meaning that there are many opportunities for mistakes to be made and complications to arise.

Unlike most other forms of medical care, patients are given medication to take home for self-administration. This makes it especially important for medical professionals not to make mistakes regarding dosage or instructions, because no professional will be there to correct clear mistakes. Even when doctors and nurses are around, mistakes occur. Stories continue to pour out regarding patients—young and old—who were injured or even killed because of dosage problems or labeling mistakes. Many families in our area have had their lives turned upside down because of Illinois medication errors.

On top of the already prevalent problems, new research from discussed last week in the USA Today indicates yet another potential risk related to medication usage. New finding indicate that there may be problems with the quality of pharmaceutical advertisements in biomedical journals. The United States Food and Drug Administration (FDA) has list of guidelines which must be met by all of these advertisement for drugs placed in these journals. However, researchers found that those guidelines are frequently not met. The problem was found after an examination of 192 pharmaceutical ads for 82 different products in 12 journals. This particular study excluded ads for medical devices and over the counter medication.

Shockingly, only 18% of the ads complied with each of 20 FDA guidelines. One of the most common mistakes was failure to list the serious risks associated with the drugs, including death. Nearly 60% of the advertisement studied failed to meet the requirements in this regard. Failure rates like these indicate a clear problem on behalf of large drug companies in their commitment to following applicable rules and ensuring patient safety. Observers indicate that while the federal rule-makers intend to properly regulate the marketing of these companies, they often have limited resources to successfully ensure that others are abiding by the guidelines. The FDA’s Division of Drug Marketing and Advertising is charged with the regulation of these advertisements originating from the multi-billion dollar marketing budgets of many large pharmaceutical companies.

Our Chicago medical malpractice attorneys at Levin & Perconti understand well the ways that patient safety measures are skirted so that profits can be maximized by the businesses involved. It remains unacceptable for these drug makers to disregard clear federal rules about advertisements. The FDA requirements are intended to ensure the presentation of basic safety and efficacy information. It is important for regulators to reaffirm their commitment to safety in the process and to work to hold these companies accountable for all of their negligent activities that place the lives of community members in jeopardy.

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The Importance of Doctor’s Disclosing Their Mistakes

Mother Campaigns For Medical Malpractice Disclosure

All of our Illinois medical malpractice lawyers believe that fair access to the legal system is a right which should never be taken away from any community member. That is exactly why we fight so vigorously against misguided attempts to enact so-called “tort reform” legislation. While the word reform often invokes an idea of improvement, in this case it is merely a deceptive attempt by big-spending interests to increase their own profit margins at the expense of vulnerable victims.

Unfortunately, fair access to the legal system has been under attack long before this latest misguided attempt to limit victim’s rights. For example, the Feres Doctrine was reached over 60 years ago. It is a legal principle that tragically treats active-duty service members as having less rights when it comes to medical malpractice as regular civilians. There are few defenders of this seemingly indefensible principle, and advocates on all sides have called for changes to level the playing field. Med Page Today recently discussed the situation, explaining how even those who are generally opponents of the medical malpractice system believe that some changes need to be made to ensure service members do not continue to lose this vital legal right.

A recent survey among service members indicated that less than 40% were satisfied with the disability evaluation system. There is clearly widespread dissatisfaction with the system among its beneficiaries. Add the Feres Doctrine to that dissatisfaction which essentially prohibits service members from suing their negligent caregivers for the consequences of their actions. So not only are these brave men and women seemingly unhappy with much of the medical care they are given, they can rarely do anything about it legally even in the most egregious situations.

Previous Supreme Court decisions have tried to rationalize the policy’s inequality by stating that doing otherwise would undermine military rationale. But authors of a new editorial study in the New England Journal of Medicine—all doctors themselves who are not usually proponents of the current legal system—explained that few medical malpractice claims would implicate strategic military decisions. The authors in this study suggest that a hybrid system should be adopted where the Feres Doctrine is not repealed but modified, so that victims receive more benefits than they currently do without full access to the civil justice system.

However, in the end there is no reason to deny our service members any basic legal rights. Our Chicago medical malpractice attorneys will continue to defend the legal system that has its roots in medieval England, was protected vigorously by our nation’s Founding Fathers, and continue to be a hallmark of fairness of equality. It is no small achievement for our courts to have created an environment where all types of community members, regardless of the amount of money they have or station in life, can share their story with other community members and ask for their judgment. It would be a grave injustice for this cherished institution to be placed in straightjacket by those who don’t like the decisions reached by impartial jury members. We all must continue to fight tort reform measures in state legislatures. In addition, it is also important to share this same message of equality with those who are in a position to change the long-standing injustice of the Feres Doctrine. There is no reason why our military members should be less protected than other community members when it comes to the medical care to which they are entitled. The doctrine needs to change and fairness and equality in the eyes of the law should be protected.

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Settlement Reached in Medical Malpractice Claim Against Military Hospital

Victims of Military Medical Malpractice Seeking Basic Legal Rights

After decades of work on behalf of local victims, our Illinois medical malpractice attorneys have become familiar with the types of cases that arise more frequently than others. One of the most common (and deadly) type of error involves diagnostic problems. Correctly diagnosing a problem is obviously a vital task incumbent upon all medical professionals. It is often the first task charged to all medical professionals when a patient visits their office for assistance. In most cases a community member will experience some sort of symptoms that they know pose potential problems. They visit a doctor and explain those symptoms assuming that the professionals will properly interpret the signs and conduct testing to figure out the ailment.

No medical problem can be treated if it is not first identified, and so proper diagnosis is a cornerstone of proper care. Our Chicago medical malpractice attorneys understand that there are some cases in which a diagnosis cannot be made in a timely fashion through no fault of the physician or medical staff members. Human understanding of certain medical problems remains imperfect, and no doctor can be expected to go beyond reasonable expectations when trying to figure out a patient’s ailment. However, at the same time, all patients have a right to expect their medical professional will act according to current prudent medical procedure when working to heal them. That includes connecting to symptoms to specific medical problems and conducting proper testing to further understand what may be at the root of the problem.

When a doctor fails to identify a medical problem that a reasonable physician would, he may be guilty of medical malpractice for the failure to diagnose. Misdiagnoses are some of the most devastating forms of malpractice, because quick treatment of medical problems often means the difference between life and death. Mere minutes of delay in receiving lifesaving care are often all that it takes to make something fatal. All those harmed by these delayed or missed diagnoses can use the legal system to hold their wrongdoer accountable for the problems that result.

Today the Reading Eagle discussed one of those failure to diagnose cases. A $5.2 million verdict was recently upheld following a trial stemming from a man’s heart attack death. The widow of the 37-year old man filed the suit after her husband—a pharmacist—died while working from heart problems. The victim visited his physician only 4 days before his death complaining of chest pain, jaw pain, and anxiety. The victim was overweight at the time, had high blood pressure, high cholesterol, and had a family history of heart disease.

With those symptoms and that history, it would have been reasonable for the physician to recognize the possibility that the man had suffered a heart attack. In those circumstances a prudent physician would have known that it was necessary to immediately send the man to the hospital. He did not do so. Obviously the victim reasonably assumed that he was in no immediate health risk per the conduct of his doctor, and so he went home. Four days later the victim called the doctor again because he suffered from the same problem. By the time the doctor returned the call in the morning the man was in cardiac arrest at his work. He died a short time later. An autopsy conducted after his death revealed that he had suffered heart damage, indicating that he has suffered a heart attack four days beforehand—just when he had visited the doctor the first time.

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Medical Malpractice Lawsuit Filed After Wrongful Death Following Pressure Sore Infection

Federal Government Releases Information on Hospital Errors

Medical malpractice can be committed by virtually all types of practitioners. Whenever a patient visits a hospital or medical center, they are owed a basic duty of care by all those who are a part of their care giving process. This includes family doctors, psychiatrists, eye doctors, heart surgeons, and everything in between. The law is clear that a medical malpractice lawsuit can be filed any time that a caregiver owes a duty to a patient and violates that duty by providing care that is less than what would be performed by a reasonable colleague. If that breach causes the patient to suffer any form of injury then the patient can file suit to seek recovery for their loss.

Throughout our years of experience our Illinois medical malpractice lawyers have developed a clear understanding that certain injuries tend to be more costly than others. It is only natural that certain medical events are riskier than others. For example, all forms of surgery are, on average, much riskier than basic check-ups. Certain forms of surgery have also been found to be riskier than others. In all of these cases, the medical professionals involved in the care are aware of the potential consequences to the patient if they make a mistake that should be prevented.

One of the most potentially costly problems involves complications during childbirth. Families can often think of few worse events than the loss of a child. In addition, if a birth injury strikes that could have been prevented, the young child will often face millions of dollars in increased medical expenses over the course of a lifetime. Many birth injuries caused lifelong disabilities that require around-the-clock care. It is natural for the lawsuit awards following these injuries to be larger than other healthcare mistakes.

A new jury verdict emphasizes this point. News Journal reported last week on a $58 million jury award that was given to a family whose child was severely injured at birth. The attorneys for the plaintiff explained that child’s mother went to her doctor in her 39th week of pregnancy with conditions indicating that she should have been ordered to have an immediate caesarian section. However, her doctor instead sent her back home. The woman had half the normal amount of amniotic fluid. The fluid keeps the child cushioned, keeps the umbilical cord from compression, and protects the baby from trauma in utero. The woman’s low level was a clear indication that the child needed to be developed immediately.

Upon the expectant mother’s return to the hospital two days later, the staff members again made a series of critical mistakes. One of those mistakes involved placing incisions in the wrong place during the C-section. As a result the baby was pushed down and became deeply lodged in the woman’s pelvis. The child’s birth was delayed, he was deprived of oxygen, and as a result he was left with a profound brain injury. He now suffers from severe cerebral palsy. As a result of the injury he will need close medical care for the rest of his life.

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Illinois Misdiagnosis Can Be Deadly

Birth Injury Lawsuit Leads to $3 Million Medical Malpractice Verdict

Our Illinois medical malpractice lawyers are seemingly engaged in constant debate about the effects of our work on the healthcare system. The “tort reform” debate is centered on discussions about the role of the medical malpractice lawsuits in helping victims receive fair compensation for their losses and ensuring accountability for negligent practitioners. Those pushing legal changes which would limit the rights of victims to receive compensation for their losses often claim that these lawsuits are used too much and force too many doctors to pay costly claims.

The political implications of these debates and the often-skewed rhetoric that has become the norm in those debates make it difficult to truly consider the issue in a fair light. Even with widespread interest in the subject of medical malpractice, there are been surprisingly few systematic studies that seek to illustrate that actual risks that a doctor has of facing a claim, the size of a possible payment, and the cumulative effect over the course of a physician’s career.

A New England Journal of Medicine study was published today that seeks to shed new light on these issues. It used a methodological approach that sought to eliminate the problems with previous studies which were often plagued by low sample sizing, reliance on self-reports, low response rates, and lack of information on payment size. This latest study used physician level malpractice claims from large professional liability insurers to characterize malpractice risk according to twenty five different specialties.

The results offer a helpful indicator of the actual way that medical malpractice lawsuits affect physicians. For example, far from widespread claims of mass problems caused by the legal filings, only 1.6% of all physicians had made an actual indemnity payment for medical malpractice. There was understandable variation among various specialties—for example there were more in neurosurgery and cardiovascular surgery than in pediatrics and psychiatry. Similarly, there was variation among those practice areas that had the highest total claims paid out. Gynecology, for example, was near the middle of the pack regarding the risk for individual practitioners to be sued. However, gynecologists as a whole had the highest payment rate. This is understandable, as gynecologists are not targeted more than others for claims, but when they do commit malpractice the costs tend to be higher because of the expense associated with birth injuries.

Interestingly, contrary to boisterous political claims about a “growing epidemic” of malpractice problems, the results showed mostly stable claim rates. In fact, in two stretches over the last twenty years (1991-1995 and 2001-2003) the average risk to some physicians decreased considerably. Also contrary to perception, there were actually few so-called “outlier awards” which were defined as those exceeding $1 million. News stories may most often be filled with stories of these large awards, but they are certainly not the norm. As these results demonstrate, they are more likely only awarded when a mistake was made that causes lifelong problems or other egregious circumstances necessitating the large award.

Our Chicago medical malpractice attorneys understand the important role that the legal system provides for all local victims of medical errors. Fair studies like this one are helpful reminders that the overheated rhetoric that so often clouds public debate about malpractice often bears little connection to the truth.

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New Website to Voice Opinion on Proposed Federal Laws

Over the past year our medical malpractice lawyers have learned of various reports across the country of hospitals and physicians who have been caught engaging in deceptive practices in order maximize their own profits. At the heart of most of these cases are medical professionals who tell patients that they need procedures or operations that they actually do not need. Patients are then unwittingly and for no good reason forced to endure the risks of the medical treatment and the often substantial side-effects that they cause.

Profit is the motive in these instances. Doctors and the hospital where they work or with which they are affiliated are often compensated based on the total number of procedures that they perform. It is therefore to their financial advantage for patients to need the costliest procedures. All it takes is an unscrupulous physician and a hospital administration that looks the other way for these doctors to prioritize their pocketbooks over patient care.

This purposeful ordering of unnecessary procedures represents one of the more sickening forms of medical malpractice. Unfortunately, it is often hard to catch these patterns of intentional medical diagnosis mistake. With good reason patients trust the information provided to them by their doctors. When a doctor explains that he feels a patient needs a certain operation, it is highly likely that the patient will accept that recommendation and agree. There would then be little opportunity for others to second-guess that decision. Few physicians have their individual recommendations or diagnostic opinions systematically reviewed. Instead, this medical malpractice is usually only uncovered on those rare occasions when statistical analysis is conducted that shows a suspicious pattern of certain procedures being performed by certain physicians. When data reveals that those rates are much higher than would likely be the case, than investigators may look closer and actually discover the abuse.

For example, one of those cases was recently settled by the hospital involved. The Chicago Tribune reported last week on a facility that agreed to pay $2.8 million to settle a federal lawsuit involving unnecessary heart stent procedures. The lawsuit alleged that the facility failed to prevent a cardiologist that worked there from unnecessarily telling patients that they needed a heart stent and then performing the operations. Officials believe that there may ultimately have been dozen of victims over at least a three year stretch. In total, the physician billed both public and private insurers hundreds of thousands of dollars for the unnecessary procedures.

The abusive doctor was personally charged and convicted law month in a U.S. District Court for health care fraud. In addition, he was convicted of falsifying patient records to make it seem like they needed the operations when they did not. The doctor is expected to be sentenced in several months. He faces up to 35 years in prison for his conduct. The doctor’s trial was a criminal procedure, which accused the physician individually for violating criminal laws. Conversely, the settlement to which the hospital has agreed to repay nearly $3 million stems from a separate civil suit filed by the federal government against the facility itself.

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Our Illinois medical malpractice lawyers know that the majority of medical professionals in our state and throughout the country are competent professionals who save lives day in and day out. It is only a minority who engage in unreasonable actions that place the lives of their patients in danger. Unfortunately, it is often the same medical workers who time and again fail to perform adequately and harm patients. At the hospital level, there are often systematic problems at the same facilities which again and again result in substandard care. In those locations far too many patients often find that they are in a worse condition than before they entered.

It remains important for all regulators and individual patients to hold the facilities accountable which are repeatedly the site of medical malpractice. For example, Forbes News reportedly last week on how the Centers for Medicare & Medicaid Services (CMS) recently ended an inspection of one hospital by declaring that poor conditions at the hospital were a “serious threat” to public safety. As a result of the facility deficiencies, the medical center will not be able to participate in Medicare unless changes are enacted. The hospital was given only two weeks to make necessary changes or its participation will terminate at the end of the month.

The CMS official explained that the aggressive actions of the agency in this case are rare—indicating that the prevalence of medical errors at the hospital were likely high. The official explained that two fining in particular related to infection care and emergency care were considered “immediate jeopardy” status. That is the most severe finding that the agency can have and it triggers immediate action.

The findings were issued at the culmination of a two week inspections that were initially started because of the death of a patient in the psychiatric emergency room of the facility earlier this year. Reports indicate that a 49-year old schizophrenic patient was restrained in his bed shortly before his death without proper monitoring.

Continue reading "Federal Agency Describes Hospital Conditions as Serious Threat to Patient Safety" »

We have frequently mentioned the personal and financial toll that medical malpractice has nationwide. Up to 100,000 lives are lost each year because of medical mistakes that could have been prevented. In addition, tens of billions of dollars in extra healthcare costs are required to treat the complications which would never have developed had medical care been reasonably provided. Our Illinois medical malpractice lawyers have long explained how these statistics must not be forgotten when lawmakers are considering policy changes in the healthcare field.

Few national issues stir more debate and involve more activity than those seeking to improve healthcare while controlling the often staggering costs associated with proper treatment. One of the new areas which to receive much attention is that of expanding use of new information technology in the healthcare field. Specifically, many are hoping that increased use of IT procedures in areas like medication prescriptions can help limit mistakes, save lives, and save money. However, new studies have recently indicated that the effectiveness of IT changes on limiting medical errors may not be strong.

Last week one member of Congress specifically requested more information from the U.S. Health and Human Services Secretary, Kathleen Sebelius, about the effect of IT changes on medical error rates. The Congresswoman highlighted a news story that discussed how a young child was killed when computerized IV equipment mistakenly gave the infant a fatal dose of chloride solution. The error was caused by a technician mistakenly entering the wrong dosage into the computer system. The machine failed to catch the error. Similarly, in another case a physician failed to catch an electronic records alert when they mistakenly gave an individual a hepatitis C-positive kidney in a transplant.

The Congresswoman’s letter cited a new study which we have discussed here previously from the Journal of the American Medical Association. The research found that a startling 12 percent of all computer-generated prescriptions contained errors. Those error rates were similar to those found with hand written prescriptions. The data indicates that much work still needs to be done to ensure patient safety regarding these medication errors, regardless of whether electronic tools are used or not.

Obviously integrating more technology advances into the healthcare system will be an important way to improve the efficiency and safety of medical treatment. However, while that transition is underway it is important that patients are not unknowingly injured in the process. It is also important not to overestimate the amount of improvement that will come with these changes. Our Illinois medical malpractice lawyers know that mistakes continue to strike in a variety of settings, with or without IT improvements. Some of those errors will result from doctors, nurses, and assistants who mistakenly use the technology while others may stem from the new computerized equipment malfunctioning itself. In all cases, it is vital that these potential problems been assessed fully and honestly with a focus on keeping patients safe at all times. All patients who believe that they may have fallen victim to one of these IT-related medical errors should visit legal professionals to understand their rights in the situation.

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One of the more illogical and unfair legal rules involving medical malpractice lawsuits stems from a mid-century United States Supreme court case Feres v. United States. The case essentially ruled that the United States government cannot be held liable for medical malpractice committed by military doctors at military hospitals. Known as the “Feres Doctine,” the rule effectively bars members of the armed forces from collecting damages against the government in these situations and similarly bans the family of service members from filing wrongful death or loss of consortium claims. Many medical malpractice attorneys have often argued against this wrong-headed approach that for no good reason takes away the rights of brave military families.

However, while the rule unfairly takes away rights of service members harmed by medical malpractice, it does not apply to family members of those military members who are themselves hurt by negligent government hospital care. For example, as reported last week by New England Cable News, a settlement was recently reached in one of those cases involving the wife of an army staff sergeant.

The medical malpractice lawsuit was filed by the army sergeant on behalf of his wife who died last may from rectal cancer at the age of 53. According to allegations made in the suit, the woman had experienced persistent symptoms often associated with the cancer. However, those symptoms notwithstanding, the local army community hospital failed to screen her for the cancer. As a result, the cancer went undiagnosed and spread to her lymph nodes.

The suit specifically explained how the victim first went to the hospital on the military base in 2006 complaining of blood in her stool, constipation, and other pain. She returned to the facility on multiple occasions, complaining of the same symptoms. She was diagnosed with hemorrhoids. A bariatric surgeon actually recommended that a colonoscopy be performed. However, that recommendation was ignored and no other cancer screening procedures were performed. The woman ultimately underwent several surgeries in an attempt to battle the problem, but none of them were ultimately successful.

Just this week the judge in the case approved a settlement offered by the government and accepted by the plaintiff. Per the terms of the settlement, the U.S. government will pay $2.15 million to the soldier due to the negligence that led to his wife’s death. The settlement will officially be finalized upon the final approval of the U.S. Attorney General.

Continue reading "Settlement Reached in Medical Malpractice Claim Against Military Hospital" »

The law demands that all those who work in the healthcare field be held accountable for their negligent actions. From doctors and nurses to drug makers and medical device manufacturers, all those who deal in areas that affect the health and well-being of residents have a reasonable duty to ensure that their work does not harm unsuspecting consumers. Our Chicago medical malpractice lawyers work hard each day for those who have fallen victim to unreasonable mistakes and errors by those charged with making them well.

Not only does the law demand reasonable conduct at all times, in some instances, the legal rules impose a duty of “strict liability” upon various entities. This means that at times the law will hold one responsibility for the harm caused by their conduct even if they did not specifically act in an unreasonable manner.

The logic behind these strict liability rules is clear. For example, if a drug maker creates a product that harms unsuspecting consumers, someone will have to pay for that harm—either the consumer themselves or the drug maker. Under regular negligence rules, the consumer would generally have to prove that the drug manufacturer acted unreasonably in order to recover for the loss. However, courts soon realized that this burden was likely unfair and illogical in the context of many dangerous products, like medications. Therefore, most courts developed the concept of “strict liability” which holds that makers of dangerous products must pay for the consequences of those products, regardless of a specific showing of negligence on their part. Clearly the companies that make these items should be required to build in the costs of the few dangerous products they are produced. An unsuspecting consumer whose entire life is often turned upside down because of the product would be much less capable of paying the costs of the error.

It is important for all observers to understand this basic concept when reading about cases involved dangerous medications. For example, Yahoo Health recently discussed a new string of suits in the medical malpractice area involving a link between a diabetes drug and bladder cancer. Takeda Pharmaceuticals Co., Ltd.—the makers of the best selling diabetes drug in the world—is facing hundreds of lawsuits amid growing concerns that taking the drug for more than a year leads to an increased risk of bladder cancer. Evidence has found that the pill—Actos—triggered bladder cancer in some patients, an often fatal development. Many individuals who have taken this drug every day for many years have developed the complications. The manufacturer of this drug had a duty to ensure that their product was safe to consumers. It seems that may have failed in that regard with this drug.

Continue reading "Lawsuits Filed After Diabetes Drug Linked to Cancer" »

When a potential client visits our office to speak with an Illinois medical malpractice lawyer, the first step is allowing the individual to share their story to learn about the possible legal issues involved in their case. Following that initial assessment, the next step often involves conducting a preliminary investigation in preparation of possible litigation.

There are various evidence gathering stages in each Illinois medical malpractice lawsuit. On one hand, enough information needs to be collected before a lawsuit is initiated so that the first legal documents can state with sufficient specificity what type of mistake occurred, the harm suffered, and determine under which statute or common law legal principle the lawsuit will be filed.

However, it is only after a lawsuit is officially filed that the process known as “discovery” begins. Discovery is usually the most time-consuming litigation stage, as it involves the gathering of as much information as possible about the case. Discovery takes different forms including interviews with people involved (depositions), asking the other party to answer written questions (interrogatories), requesting the other side produce documents, and other methods. It is through this process that it becomes clear how much evidence exists to prove certain contentions.

However, discovery can generally only being after a lawsuit commences with the filing of a complaint. This is the official document that lays out the allegations to the court and is given to the defendant to let them know that they are being sued. For example, this week our Chicago Illinois medical malpractice attorneys initiated a lawsuit on behalf of the estate of a local victim who died after receiving substandard medical care at the Metrosouth Medical Center.

Specifically, the complaitn alleges that the facility and its agents were negligent in their treatment of the victim in a variety of ways. Early last year the woman was admitted to the facility for treatment of chest pains and nausea. However, the staff members at the facility failed to develop an appropriate differential diagnosis for the woman’s hypertension or conduct timely testing to evaluate her precardial effusion. On top of that, the facility prescribed vasopressors to the victim without proper monitoring and did not recognize the signs of cardiac tamponade. All of these care mistakes eventually caused the woman to develop hypotension from cardiac tamponade, leading to cardiopulmonary arrest. That arrest ultimately caused her death a few days after she entered the facility.

The new medical malpractice complaint includes a variety of counts based upon different legal principles. For example, the first count is rooted in the Survival Act of the State of Illinois. The second is based upon a different state statute that allows recovery in these situations known as the Wrongful Death Act of the State of Illinois. In addition, various claims are made that explain how the individual employees who provided the substandard medical care were acting as agents of the medical facility at the time of their negligence. As such the medical facility is liable for the consequences of the negligence of their agents. It is vital that all new complaints be based upon proper investigations so that each possible statutory basis for recovery can be asserted and all claims can be included.

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An experienced Illinois medical malpractice lawyer understands that each case presents different facts and circumstances that may affect the strategy of a case and its ultimate outcome. That is why flexibility is essential when helping victims of these medical errors navigate the legal system in their quest for accountability. It is vital that a medical malpractice attorney be willing to act as a zealous advocate at all times and remain committed to the best interest of the clients at no matter what develops.

This professional requirement means that the lawyer must be willing to take a case all the way to trial if justice requires or accept a fair settlement if presented and approved by the client. By keeping all options open, a victim is best positioned to reach a positive outcome no matter what issues arise as the case develops. However, it is true that in more cases than not a settlement is reached between the parties before a case goes to trial. Experienced medical malpractice attorneys are well aware of the frequent benefit for all involved in time, expense, and stress in avoiding a trial and reaching agreement that provides and accountability and justice between the two sides.

For example, yesterday the Chicago Daily Law Bulletin reported on the $17.7 million settlement that our attorneys negotiated on behalf of a client injured by medical error. The case was led by our founding partner Steve Levin and our associate attorney Margaret P. Battersby. It involved a former police officer who suffered permanent and debilitating injuries caused by the medical negligence of nurses in the neurosurgical intensive care unit a Chicago hospital. The victim was left a quadriplegic as a result of the errors. He is in a “locked in” state, meaning that he can understand what is going on around him but cannot communicate.

The man was brought to the hospital after suffering a string of head injuries after being hurt while responding to an emergency call while on duty. Unfortunately, staff members at the hospital failed to properly monitor the man’s intracranial pressure and it rose to dangerous levels. Nurses failed to notify his physician of these increases, and as a result he suffered significant brain damage. The brother of the victim eventually field suit on the man’s behalf. Just as the case was about to go to trial, both sides reached this settlement agreement in the amount of $17.7 million. As occasionally happens, some probate issues needed to be ironed out before the settlement could be officially submitted to the judge for approval. In this case that approval was finally received by the judge this month.

Continue reading "Levin & Perconti Reach $17.7 Million Settlement in Medical Malpractice Case" »

The Chicago Tribune reported today on an important development that may ultimately go a long way to improve healthcare in our state and limit instances of Illinois medical malpractice. Today Governor Pat Quinn signed a bill that will make it possible for patients to learn about the history of their doctors. The Patients’ Right to Know Act will take affect this week and make public detailed histories about negligent Illinois doctors, including whether the physician has been fired, paid medical malpractice claims in the past five years, or has been convicted of a crime.

Our Illinois medical malpractice attorneys have advocated in support of this information for decades as the doctors’ lobby repeatedly blocked the measure in the state legislature. Fortunately, the bill finally passed this session after the public was made aware of high-profile cases where dangerous doctors were allowed to continue treating patients even after repeatedly making harmful mistakes and even being convicted of sex crimes. Without any way to access information about doctor histories, patients had previously been unable to learn whether their physician had any issues in the past.

With passage of this legislation, local patients will soon have online access to doctor profiles that share a wide range of information that may be helpful when making healthcare choices. Beyond indicating whether a physician may have committed malpractice, the profiles will also indicate the medical school that the doctor attended, any specialty board certifications that they have, the number of years that the physician has been practicing, there practicing locations, whether they participate in Medicaid, and other details.

This represents a common sense step in empowering consumers and encouraging honesty about doctor quality. The state regulatory body has long collected and maintained this information However, with pressure from the state medical lobby that information was kept hidden from the public. For a short time several years ago this information was made available to consumers as part of a “compromise” when medical malpractice caps were enacted. However, upon the state Supreme Court’s logical rejection of those caps as unconstitutional, doctors pressured lawmakers to remove the public information.

As a companion to this bill, another piece of legislation passed in the state this year will require prosecutors to inform state officials if a doctor is convicted of a sex crime, a forcible felony, or misdemeanors against patients. This reporting is long-overdue as a tool to help prevent physicians repeatedly violating their patients’ trust in the most egregious ways. The newly collecting criminal information will then be made available to the public on the new website which will go live pursuant to the Patient’s Right to Know Act.

Continue reading "Governor Quinn Signs Patients' Right to Know Act" »

Our Illinois medical malpractice lawyers have long advocated for as much information as possible to be made available to community members about the quality of care provided by local medical professionals. Accountability and the improvements that follow can only be had if patients and their families have access to hospital quality data. Little is gained by keeping this information secret—worse yet is failing to collect it at all.

Fortunately, many patient safety advocates are hard at work in an effort to ensure that information about hospital performance is made available to consumers in workable format. For example, as explained this weekend at Modern Healthcare, the Centers for Medicare and Medicaid Services (CMS) unveiled a new website with a wealth of useful data on healthcare performance. According to CMS Administrator Dr Donald Berwick, the new site is intended to be a “one stop shop” for all consumers who wish to examine information of the quality of services provided by their area hospital, home healthcare company, or dialysis provider. Understanding hospital quality and evaluating possible improvements requires that available data be provided in workable format that allows for comparison. The CMS intends to provide those features on the new website.

Overall, the information currently available on the site indicates that hospital quality nationwide seems to have changed little in the past few years. For example, 30-day readmission rates for heart attack victims was at 19.8% in the three year stretch from 2010-1007 and it was at 19.9% in the three year period before that. Similarly using the three-year comparison period, heart failure readmission rates were at 24.8% percent and 24.5% before that.

Examining these readmission rates is a good barometer to measure the quality of care received by victims of these common conditions. In fact, CMS has initiated a new Hospital Readmissions Reduction Program geared toward improving these figures and reducing medical mistakes. Under the new project, hospitals with the highest readmission rates will receive lower reimbursements from CMS. Hospital performance will be based on comparisons with the data currently available on the new public website.

This website is an important step forward in ensuring an open and honest relay of information to healthcare consumers. Each Chicago medical malpractice attorney at our firm understands the value of empowering residents with knowledge about the performance of their local healthcare professionals. Patients who understand that that they have options when it comes to their care will be drawn to those facilities that have the best results. In so doing, substandard facilities that are the site of many cases of Illinois medical malpractice will be forced to either enact changes to improve their services or fold. In either case, the overall quality of care is improved.

Time and again the power of accountability and consumer choice has been shown to improve quality and spur innovation. There is no reason why this lesson should not apply to hospital, doctor, and nurse performance. In fact, there is likely no area where quality matters more than in the healthcare context. State and federal actors should continue this positive trend and make as much information available to patients as possible. Lives may well be saved in the long-term thorough these openness efforts.

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Our Chicago medical malpractice lawyers work each day on behalf of victims who have been injured because of mistakes made by hospital professionals. This is probably why we understand the frequency with which these errors occur in our area and throughout the country. However, new data comparing actual hospital performance figures and patient perception figures indicate that many community members remain unaware of the frequency of poor medical care. In this way, unless they are personally affected, area residents are often unaware how many instances of Illinois medical malpractice strike each and every day.

This weekend USA Today discussed the disconnect that often exists between reported rates of problems and patient perception of medical care. Many hospitals which received top marks for care according to patients were actually those with high heart attack death rates, heart failure figures, and pneumonia complications. The lack of congruency between the reported care and statistical performance was culled from an analysis of Medicare data.

The director of the Centers for Medicare and Medicaid Services explained how the new information is an important reminder of the challenge of relying on patient perception data. It is also further reinforcement of the need to provide patients with access to information about the performance of their local hospital on neutral indicators of healthcare quality. Our Illinois medical malpractice lawyers have long explained the benefits of having public disclosure of healthcare data. Otherwise, patients remain in the dark about how different facilities rate on different indicators of patient safety and well-being. Beyond mere cursory impressions based on their own observations, patients can make much more informed decisions if they understand how a hospital is performing on indictors like infection rates or preventable death statistics.

While some disagreement remains over the different methods of measuring hospital quality, virtually all experts agree that there are many valid ways to accurately identify hospital quality and performance. For example, nearly one in fourteen hospitals were found to have above-average death rates for heart attack victims or those that develop pneumonia. Hospital safety advocates can use the information to more specifically investigate actions by those particular facilities to identify possible causes of the problems and ways to improve care.

This information remains a vital resource for federal regulators, insurers, and patients. In our area, as throughout the country, advocates continue to battle with big medical interests who seek to hide the frequency with which Illinois medical malpractice occurs. However, as patient safety experts have repeatedly noted, without public awareness of these figures, there is often little incentive for these facilities to enact changes to improve their care. As with all other industries, those seeking services should be able to measure the varying levels of quality among potential competitors.

There is no logical reason why hospitals should be excluded from the basic requirement of accountability. Quality facilities and medical professionals should have little to fear from public disclosure of honest information about their operations. There is no industry upon which quality matters more to average community members than in the medical context. Life and death often hinges on that quality, and so patients should have as much information as possible about that quality.

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Illinois hospital acquired infections constitute one of the main types of preventable medical malpractice. The principle behind this problem is relatively clear for observers to understand. Hospitals are natural locations for germs to build up, because many ill individuals with potentially harmful bacteria are congregated in these facilities. This presents a problem for patients, because many of them are already in a weakened state of health and cannot handle germ infections while in the hospitals as strongly as the might outside of it.

The risks posed by this fact have long been known to hospital administrators and medical professionals. Dealing with the unique infection risks in hospitals requires that the utmost cleanliness and sanitation techniques be practiced to ensure that medical professionals do not unknowingly transfer bacteria from one sick patient to another. Unfortunately, Illinois hospital infection watchdogs indicate that many surgeons and medical support staff fail to take the steps necessary to limit these infections.

Infection prevention typically involves standard, common-sense practices, such as proper hand-washing, securing loose hair during a procedure, and proper equipment sterilization. However, the Chicago Tribune reported today on a string of systematic failures to ensure surgical safety in many area facilities. The problems included poor sterilization practices, failure to properly investigate signs of high infection rates, and everything in between. For example, one Chicago eye surgery center commonly cut sterilization times short by 70% while another facility did not even use hot water when cleaning instruments.

Continue reading "Illinois Hospital Infections Remain Deadly Problem Across Our Area" »

Our Illinois medical malpractice attorneys know that medical errors remain prevalent for a variety of reasons. Doctors who try to cut corners, nursing assistants who are not properly trained, and many other factors cause medical mistakes to strike on a daily basis across the country. The consequences of these preventable mistakes can be deadly. The high-stakes make it imperative that as much effort as possible be focused on understanding the reasons for the problem and taking steps to eliminate them.

A comprehensive effort to improve medical care considers all possibilities. For example, in many cases the problem is not necessarily linked to competence. In other words, most doctors, nurses, and assistants who make these errors know what the right action is but fail to do it. The error is simply a lapse in judgment at a particular time, even though the professionals would not make the same mistake in most cases.

A new commentary published last month in the Archives of Surgery and summarized by Modern Medicine added one more possible factor in medical mistakes: bad manners. The commentary explains how a surgeon’s poor behavior in an operating room when interacting with other medical staff members has effects on the care received by the unsuspecting patient. The civility of the surgeon was also found to have effects on overall healthcare costs as well as patient and staff satisfaction levels.

The author of the study explained how operating rooms, like virtually all work environments, are social spaces. As such, an important factor in the success (or lack of a success) of that work environment is the way in which those involved interact with one another. In the surgical context the surgeon is essentially “the boss” and in a position of power and control. When the surgeon is rude, belittles the staff, or engages in other uncivil habits, then the entire work environment is affected. Problems in this regard must be considered unacceptable in the operating room, because unlike regular businesses, problems during surgery can be the difference between life and death.

In fact, several studies have linked the bad manners of physician to deficiencies in patient care. One study ranked physicians based on their civility in 300 operations. The results showed that those surgeons who were more civil had more positive surgical outcomes, with the patients experiencing fewer postoperative deaths and complications. Fewer post-operation complications, besides saving lives, also has the effect of lowering healthcare costs by necessitating less expensive follow-up care.

Similarly, a survey of hospital staff members showed that three out of four nurses admit that they try to avoid physicians who are known to be “difficult.” Even when a nurse may have questions about a doctor’s medication orders, they may avoid asking for clarification in an effort to avoid interacting with the bad-mannered doctor.

Our Illinois medical malpractice lawyers remain interested in all research efforts seeking to understand how Illinois medical mistakes arise and how they can be prevented. It is important for resources to be focused on improving medical care, instead of diverted into misguided attempts to take away the rights of medical victims.

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Our Illinois medical malpractice attorneys are very familiar with the consequences of a caner misdiagnosis. We have helped many victims and their families whose medical condition suffered catastrophically because of lost time due to cancer diagnostic errors. It is not an exaggeration to say that lives frequently hang in the balance when a possible cancer diagnosis is involved. All patients therefore have a right to expect their medical professionals to not make unreasonable errors when it comes to these issues. When doctors fail in this regard, those victims can recover for their losses.

Unfortunately, even with the high-stakes, physicians in our area continue to make clear mistakes that result in missed or delayed cancer diagnoses. About Lawsuits reported on a new Illinois medical malpractice lawsuit filed by a southern Illinois man alleging that his doctor failed to timely diagnosis him with cancer in his neck. The man claims that he visited an area doctor to have a lump removed from his neck in June of 2009. A tissue sample from that procedure was sent to another doctor for analysis. The analyzing physician told the man that all he had was an infected cyst. Based on that analysis, the man received only minimal treatment for the cyst. However, in reality the tissue sample actually was cancer.

As a result of the misdiagnosis the victim did not receive any treatment for the cancer. Eventually, the lump returned and spread to the man’s tongue and lymph nodes. He was forced to undergo extensive cancer treatment as a result. It is yet unclear how the man’s treatment was affected by the delay.

Obviously early detection of any sort of medical issues is usually an important factor in the prognosis. This is especially true with cancers, as they are usually fast growing, invasive objects that cause more damage the longer they are allowed to spread. If a cancer grows to a certain size or is spread over a certain area, then some treatment options often become unavailable. The chance of a full cure is always much higher in cancer patients who identify the problem early on. In those cases the cancer cells can often be completely removed from the body. When the cancer cannot be completely removed, then the odds of a complete cure is lowered.

Some opponents of the civil justice system often paint these Illinois misdiagnosis lawsuits as unfair attacks on good-intentioned physicians. However, as any Illinois misdiagnosis lawyer will explain, these cases are not filed against doctors who follow standard procedures and fail to catch a cancer that falls through the diagnostic cracks. Instead, these suits are based on clearly substandard conduct that departs from the practices of reasonable doctors.

In other words, if a doctor acts as any normal doctor would and still fails to diagnose cancer, then that doctor will not face liability. However, if a doctor does not conduct proper testing or misses clear signs that should be caught by a prudent physician, then the aggrieved victim has a reasonable right to be compensated for the consequences of the doctor’s error.

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MSNBC reported this week on a doctor who is facing several different medical malpractice lawsuits following botched brain procedures that have left several victims severely impaired. The latest case that went to trial this Tuesday in Texas was filed by a victim who alleges that the doctor made critical errors during a brain biopsy which left the victim permanently disabled.

The doctor in question had only recently moved from Minnesota into the state of Texas where he joined a brain and spine center. His conduct in several previous cases in the Midwestern state led him to be sanctioned for unethical and unprofessional conduct. According to records discovered by investigative reporters, the negligent surgeon was involved in several medical malpractice lawsuits. Those included two cases where the victims were allegedly killed by the surgeon’s mistakes. In total at least five previous medical malpractice cases were settled by the doctor before he moved to the new state. In fact, the doctor faces another medical malpractice lawsuit in Minnesota for another botched brain biopsy that will begin on Tuesday—meaning that the doctor has two trials going on in two different states concurrently because of his alleged mistakes.

The five previous medical malpractice cases in Minnesota ultimately led the doctor to be supervised by a mentoring doctor in that state—though he was still free to practice. However, upon moving to the new state, the surgeon was again free and clear with full privileges. In fact members of the new state’s medical board were not aware of any previous problems with the doctor. It would have been difficult for any new patient of the physician to have learned about the previous allegations against him, because the information was not publicly available.

This case highlights a few principles with which our Illinois medical malpractice attorneys well understand. The first is the fact that very often the same doctors and medical professionals are the ones who repeatedly provide substandard care. Most doctors, nurses, and medical assistants work hard to ensure that they use their expertise in a reasonable way to provide patients with the care they need. It is only a small minority that is negligent in their conduct and causes harm. However, because of often lax rules, that dangerous minority is capable of harming various unsuspecting patients again and again.

Similarly, this case demonstrates the loophole that is available in many areas which allow negligent doctors who have been severely sanctioned in one state (or perhaps even disallowed from practicing) to move to another state and essentially have a clear record. This possibility acts as a severe danger to patients in the new state who typically have no way of knowing of the professional’s dangerous background.

Each and every Illinois medical malpractice lawyer at our firm is committed to helping those unsuspecting patients who often suffer life-ending or life-debilitating injuries by the misconduct of their physicians. Big medical interests always have deep-pocketed groups lobbying on their behalf to ensure that rules are slanted in their favor. We are proud to stand up for the patients harmed by medical negligence who rarely have the resources to take on those that cause them harm.

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Our Chicago medical malpractice lawyers know that occasionally a certain medical procedure or healthcare tactic becomes a “fad” among community members. The collective public conscience and popular culture often results in the sudden rise in popularity of a new diet or a novel method of improving a medical condition. However, these fads can become dangerous (and borders on medical malpractice) when they are encouraged even though evidence mounts regarding their danger.

A new study published in the Journal of Family Practice suggests that that might be the case for patients getting colon cleansings. Colon cleansing is an ancient practice that received popularity nearly a hundred years ago on the idea that intestinal waste can poison the body. However, as early as 1919, a paper in the American Medical Association rejected the benefits of the process and condemned the procedure. However, a generation or two later, the practice is again gaining popularity—even though experts are reporting that it may not only be ineffective but actually harmful to those who get it.

There are a variety of colon cleansing products from laxatives and powder to teas and capsules. Home kits are available but more often than not people visit a “hydrotherapist” who performs so-called “colon irrigations.” Many practitioners in this area belong to national associations like the National Board for Colon Hydrotherapy and the International Association for Colon Hydrotherapy.

Unfortunately, just as it was reported a hundred years ago, experts have found no evidence that colon cleansing actually provided any of the benefits that its proponents claimed. Instead, there is much more scientific literature on the adverse effects that some patients have experienced following the procedure. The complications have been both mild and severe. Some patients have experienced cramping, abdominal pain, perianal irritation, and soreness. Others have had more damaging problems like electrolyte imbalance and renal failure. In fact, the U.S. Food and Drug Administration has issued many letters to manufacturers of colon cleansing devices and products regarding unapproved uses of the systems.

This latest study which revealed the dangers of colon cleansing issued a call to all medical physicians to warn their patients about the dangers of this procedure. With colon cleansing rising in popularity, many medical patients are sharing their use of the procedure with their doctor. Therefore, it is important for physicians to tell their patients about the potential consequences of this cleaning and explain the lack of evidence connecting the procedure to any actual benefits.

The Illinois medical malpractice attorneys at Levin & Perconti believe that patients who visit all types of therapists deserve a reasonable level of care when they are being treated. This includes proper treatment and honest assessment by individuals like “hydrotherapists” who seek to perform procedures like colon cleansings. The civil justice system protects all those harmed because of the negligence of others. When doctors in our area fail to perform reasonably they are likely liable for committing Illinois medical malpractice. Similarly these therapists can be liable for their negligence if they fail to act reasonably and cause harm to those who sought their services.

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Our Chicago medical malpractice lawyers work with victims of medical mistakes who have suffered a wide range of injuries. Some of the most costly and debilitating injuries are those that lead to brain damage. When that occurs, the victims often have permanent, lifelong impairments. The situation is usually most heartbreaking when the patient is a young child who is then forced to live their entire life with the consequences of the medical error.

The South Bend Tribune recently discussed a settlement in a medical malpractice lawsuit that involved a young child who suffered a permanent brain injury due to a medical error. The young victim had been born two months premature and needed assistance to breathe in the early part of his life. In order to provide the extra care he needed his family hired a nurse to work at the family home. The medical worker was an employee of the Northern Indiana Health Care Company.

The accident occurred in March of 2007 when the then two-year-old child was receiving care from the nurse in his home. The boy’s breathing tube became blocked with mucus as he was being assisted. The blockage prevented oxygen from reaching his brain. The nurse was unable to clear the blockage. However, instead of replacing the tube when the blockage could not be removed, she decided to leave the blockage and call 911. That meant that there was a ten minute delay until emergency responders actually restored the child’s breathing. The delay led to severe brain damage. The injury will cause the child permanent problems, and he will need expert care around the clock for the rest of his life because of the error.

Eventually, the child’s parents filed a medical malpractice lawsuit on their son’s behalf. Like any parent in this situation, they have the power to protect the rights of their child who received substandard medical care. The trial had been underway for four days last week when it abruptly ended following an out-of-court-settlement between the parties. The family had asked for $10 million to cover the consequences of the medical error. The total amount of the settlement has yet to be released.

Many victims of Illinois medical malpractice in our area are unfamiliar with the legal system as it relates to a potential trial and possible settlement. It surprises many that a settlement can be reached even after a trial has commenced. In fact, settlement can even be reached after a jury verdict. The civil justice system is different than the criminal system in that it exists specifically to adjudicate disputes between private parties. In that way, those parties are free at any time to reach agreements related to their situation.

Our Illinois medical malpractice attorneys have helped thousands of area families reach settlements after they were harmed by the negligence of others—including medical professionals. Our lawyers have won countless successful jury verdicts as well. Each case presents a different situation that is evaluated on its own terms. Our attorneys work closely with all victims to determine if a fair settlement is being offered or if the case should be brought to trial.

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