Illinois Medical Malpractice Blog

AboutLawsuits reported last week on a pair of medical malpractice lawsuits that have been filed by the family of two individuals who received organ transplants. The survivors of both victims explained in their complaints that their loved ones received kidney transplants from the state’s Organ Recovery Agency with operation’s being performed at an area medical center. Both the agency and the medical center are named defendants in each lawsuit. The families allege that their loved ones received kidneys via transplant that were infected with parasites that caused the patients to develop encephalitis. The medical condition is an irritation and inflammation of the brain that is caused by infection. It is rare infection that destroys nerve cells, can cause bleeding on the brain, may lead to brain damage, and can even be fatal.

The first victim died in February of this year after developing encephalitis. According to documents filed in the second medical malpractice suit, that victims survived the bout with encephalitis, however she is now blind and will require close care for the rest of her life. Investigations into the cause of both developments of the rare condition led back to the kidneys that the two victims received which came from the same donor. The complaints allege that the donor had received encephalitis and the kidneys were infected at the time that the donation was made. The suit claims that the facilities which were involved in the transplant should have caught the problem and prevented the infected kidneys from being transplanted into the victims. The cases have been consolidated for discovery purposes but will likely be bifurcated again for the trials which are expected to commence next year.

Our Illinois medical malpractice attorneys know that these types of cases are illustrative of an important principle in medical malpractice. To succeed in one of these civil suits, a plaintiff must prove several elements: duty, breach, causation, injury. Causation is often the most complex element to prove. In many cases—including this one—defendants will usually try to claim that alternative causes are what led to the injury that the victims suffered. For example, in one of these cases, the medical center filed an answer which suggested that victim died from previous medical complications and not anything resulting from the kidney transplant. In this way, the medical center could essentially admit that it owed a duty to the victim, that the duty was breached by the failure to catch the infection, and that the client suffered injury. However, they can still avoid liability if they defeat the causation element and convince a jury or judge that the injury itself was not foreseeably caused by the specific breach/mistake in question.

Usually complex and detailed investigations on the part of experienced attorneys in this area are required to build up a case to prove the causation element of the claim. Interviews with involved parties, consultation with expert witnesses, analysis of medical records, and similar actions are required so that evidence is available to show the court exactly how the specific mistake caused the injury which was suffered.

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Medical Malpractice Deaths Could Have Been Avoided if Doctors Washed Their Hands

Too Much Noise in Operating Rooms Increase Surgical Errors

Ensuring proper medical care at all times requires a myriad of efforts from a variety of involved groups and individuals. Of course, the medical professionals themselves—and their administrative overseers—must do what they can to keep patients safe from preventable medical mistakes. On top of that, our Illinois medical malpractice lawyers work with families to hold those providers accountable when errors are made that cause harm. In addition, public regulatory bodies are crucial cogs in the machine that ensure the worst doctors are not allowed to practice and those who make harmful mistakes are punished so that they are incentivized to avoid such problems in the future.

Public regulators are particularly vital when it comes to saving future victims, because it is only those bodies that have the power to prevent the worst medical professionals from practicing in the future. They also have the power to suspend certain professionals while investigating to determine if more permanent sanctions are needed. In all cases, an active, aggressive oversight body that actively works to keep patients safe is a necessary safeguard.

Recently Health I-Team reported on sanctions in one state which highlight the role played by these regulatory groups. The story focused on sanctioned doled out to four physicians for misconduct. Two of the doctors involved were punished for mistakes made during surgery while a third was sanctioned for out-of-state sexual misconduct. All of the actions taken by the state’s Medical Examining Board were done upon the recommendation of the Department of Public Health which investigated and provided information on the events in question.

The first doctor was cited for a flawed spinal surgery. During the procedure to alleviate an impinged nerve, the negligent doctor removed the wrong part of the vertebra—known as the lamina. After realizing that he had removed the wrong lamina he operated on the correct one. In one of the other cases, a doctor was reprimanded for use of an improper use of a surgical procedure. The physician used a tacking device during a diaphragmatic hernia surgery, and the tack ultimately ended up lacerating the patient’s coronary artery

In a different action, another physician was reprimanded based on prior disciplinary action taken against him for his conduct in a different state. The doctor (an OB-GYN) was found to have engaged in a sexual relationship with a patient. The doctor lost his license indefinitely in the former state, and the new state picked up the charges and suspended the medical license. In a separate case, the Medical Board also revoked the license of a psychiatrist who was found to routinely prescribe excessive doses of opiates, tranquilizers, and other narcotics. His prescriptions to at least 10 drug addicted patients were found to pose a serious threat to their safety and well-being.

These and similar acts of misconduct occur with far too much frequency at medical facilities across the country. Our Illinois medical malpractice attorneys know that an important part of the accountability scheme to prevent future medical errors lies in proper oversight being provided by regulatory bodies. In addition, victims and their families can take matters into their own hands and demand redress for their losses through use of the civil justice system.

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Criminal Prosecutions for Medical Malpractice on the Rise

Dangerous Illinois Doctors Stripped of Licenses

Many loud voices calling for so-called tort “reform” claim that all doctors face multiple medical malpractice lawsuits throughout their career. They attempt to paint the picture of all good doctors fighting away claims of negligence year after year. However, as new data recently demonstrated, only a very small percentage of professionals ever face multiple suits. An even smaller minority are ever forced to pay out a single claim. In reality, it remains difficult for many victims of medical malpractice to actually fight their way into courts, avoid the various tools available to defense attorneys to throw the case out of court (motions to dismiss and summary judgment motions), force timely discovery cooperation, and actually convince a jury to hold the negligent professional accountable. The last thing that medical malpractice victims need are arbitrary rules handed down on high from legislators that dictate how a jury must decide damages in every case regardless of the circumstances.

Our Illinois medical malpractice attorneys know that far from being an epidemic, it is only a few of the consistently irresponsible medical professionals who face repeated malpractice lawsuits. The civil law system is actually necessary to root out these repeat offenders and ensure that steps are taken such that they cannot continue to harm unsuspecting patients. Without these deterrents, lives will continue to be lost and families suffer because of these medical problems.

For example, the Poughkeepsie Journal reported this week on the firing of a particularly negligent orthopedic surgeon after seven separate medical malpractice cases alleging mistakes made during his procedures. The suits were all filed in a seven year period and at least one of them alleged that the doctor’s actions led to the death of a patient.

Several of the cases involve claims that the doctor did not actually perform the operation as required, meaning that the patient’s problems were never solved. For example, one medical malpractice attorney explained that several former patients visited his office and claimed dissatisfaction with the doctor’s work. One patient complained that pain continued after an operation. The patient went to a different doctor for a second opinion only to have the other doctor explain that the surgery had not actually been performed. The attorney admitted that this represented a very unique situation, where a doctor puts a patient under anesthesia and then does not perform the required operation.

In another claim against the doctor, a wife alleged that the surgeon’s mistake led to the death of her husband. The wife claimed that the surgeon injected steroids into her husband’s knee and then failed to recognize, diagnose or treat the sepsis that eventually developed in the area. The man eventually died from complications from the sepsis. The suit filed after the event claims that the doctor should have recognized the abnormal white blood cell count and he should not have administered inappropriately high levels of IV fluid to the man who had a history of abnormal heart problems. The case is set for trial in a month where a jury will get to decide whether the doctor was negligent in his conduct.

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Fatal Blood Thinner Overdose Leads to Medical Malpractice Lawsuit

Patient Safety Movie Released

Our Chicago medical malpractice attorneys know that perhaps nothing is as difficult as dealing with the death of child. However, the situation is made even worse when a family believes that the death could have been avoided. When a child dies as a result of Illinois medical malpractice it is imperative that full accountability be hand and a complete investigation been conducted to ensure that future children are spared the same fate.

Yesterday the Chicago Sun-Times reported on a new Chicago medical malpractice lawsuit filed by the family of a young boy who was killed after suffering an asthma attack. According to reports, the seven-year-old boy was taken to three different hospitals in eleven hours—a time delay that his family claims contributed to his death. The boy’s ordeal began when he suffered an asthma attack in the morning at his home. The family rushed him to a local hospital. He was then transported to a different hospital, then yet another one.

The victim’s mother explains that she assumed that the doctors knew best when they told her that her son needed to be transferred to a different facility. However, she began to worry when the ambulance in which she was riding with her son hit rush hour traffic. She recalls being shocked when she learned that their destination was 45 minutes away. She worried that her son would not make it that long, as his condition began to deteriorate as he was making the ambulance trip.

The family explains that they did not believe they had any choice when it came to the transfers. Hospital officials claim that the patient and their family are always allowed to receive care at the hospital they are located if they chose. However, the family in this case does not recall ever being given an option. Instead, they believe they were told by medical professionals that their son had to be moved to a facility that was better equipped. However, what remains unclear is why the hospital chose to transfer the boy to a hospital that was 45 minutes away and had the exact same equipment that was offered at the first hospital.

In addition, after already being transferred 45 minutes away, the family was told that he had to be moved again. At the time of the second move the child was wheezing and clearly struggling to breathe. All ambulance trips are considered “destabilizing events” that should never be undertaken by one who is in a critical state. Therefore, it remains unclear why the facility moved the child when he was not stable. As a result, the child eventually needed to be placed in intensive care where he ultimately passed away.

Time is always crucial when it comes to emergency medical care. Our Illinois medical malpractice lawyers have worked with many patients who have suffered life-altering and life-ending problems as a result of their medical providers’ failure to act as quickly as possible to provide them with the care that they need. Sometimes this takes the form of failure to diagnose while in other cases it may be unnecessary ambulance rides that prevent victims from receiving the care that they need when they need it. In all cases, however, the law allows the victims to seek redress for their suffering. If you or someone you know has ever been in this situation, please consider giving our office a call to learn how we might be able to help.

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Medical Malpractice Lawsuit Filed After Mistakes Cause Man to Become a Paraplegic

Jury Awards Sepsis Victim $1.44 Million

Our Illinois medical malpractice attorneys know that the total number of medical errors that are committed across the country each year would surprise most observers. Not only that but the consequences of those mistakes are frequently more severe than many might expect. The latest estimates suggest that as many as 100,000 patients are killed every year that would otherwise survive were it not for negligent medical care that is below a reasonable standard to which all patients should expect. Many families continue to have their lives turned upside down by poor care giving, and it is important for more attention to be focused on eliminating these preventable errors.

One of the latest cases garnering attention was reported by the Sacramento Bee this weekend. According to reports an Oakland resident was killed after a medical error was committed by a replacement nurse at a hospital. Police officers and hospitals administrators admit that the 66-year old cancer patient was killed this weekend after falling victim to a medication error.

Those familiar with the situation explain that the woman was being treated at the hospital by a replacement nurse. For reasons yet to be determined that nurse “administered a non-prescribed dosage of medication,” and a few hours later that victim was found unresponsive during normal nursing rounds. Emergency care was provided, but there was nothing that could be done. She died thirty minutes after being found unresponsive in her hospital bed. The hospital admitted that the death was likely caused by a medical error, but it was withholding certain details about the situation until a further investigation could be conducted. Local, state, and federal authorities are also investigating the situation to better understand exactly what happened.

The replacement nurse was as the facility in order to fill a nursing need caused by a nursing strike. Nurses working at eight different hospitals owned by the same parent company were locked-out of their position following disagreements over union discussions. As a result, the replacement nurses were hired temporarily by the hospitals to provide the care needed. However, the striking nurses are using the situation to explain their concerns about the level of care provided by the replacement nurses and the irresponsibility of “locking out” the regular nurses during this time of contract disagreement.

No local family should be forced to bury their loved one earlier than necessary because they happened to receive poor medical care. We must work to eliminate all the mistakes that can be eliminated. In many cases, the tools and protocols are available to prevent Illinois medical errors, however local facilities sometimes fail to abide by those protocols and enact necessary changes that would ultimately lower the rate of mistakes. This is unacceptable. Our Chicago medical malpractice lawyers are proud to represent the victims of this negligent care in the court system. By holding poor care to account, local medical providers are often forced to take steps which will save lives in the future. In addition, the victims of these tragedies often give a degree of redress to help account for the losses they sustained as a result of the negligent medical care.

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Person Injury Lawsuit Alleges Negligence By Hospital in Bad Diagnosis

Former Tort Reform Advocate Realizes the Harm from Damage Caps

Our Chicago medical malpractice lawyers have consistently reported on the new bill signed into law by Governor Pat Quinn that requires a public information database on doctor histories to be put back online. The database was available for a short time several years ago, however, it was removed at the urging of medical lobby insiders when the Illinois medical malpractice caps were ruled unconstitutional by the state’s Supreme Court. The new law will once again open the database to consumers about their doctor’s education, expertise, and medical malpractice track record.

Unfortunately, the importance of sharing open and honest information with medical patients is not a shared value throughout the country. Late last week Health Data Management reported on a move by the Department of Health and Human Services-Health Resources and Services Administration (HRSA) to remove the National Practitioner’s Database. The information source had been available to the public providing information on malpractice events, license disciplinary actions, and peer review data.

It is unclear exactly what spurred the sudden halt to the availability of this data. However, the problem likely stems from disagreements about journalists use of certain facets of the database for purposes of concern to the agency. Initially HRSA explained that the site would be down for at least six months. However, that original estimate is now being questioned. Instead, those involved now say that they are making certain changes to ensure confidentiality and hope to have it all back up as soon as possible.

The Consumer’s Union sent a letter to HRSA explained their concerns about the database’s take-down. The group is one of the nation’s strongest advocates for information to be made available to average consumers to use when making their decisions—regarding anything from retail products or healthcare. The group explained how the database had been used by a wide variety of sources for the past fifteen years to provide the public with information about medical malpractice, disciplinary actions, and peer reviews. They reminded the agency that the information needs to be made available by law.

It was explained how the database removal also runs counter to the current administration’s spirit which sought to “establish a system of transparency, public participation, and collaboration.” It is a step in the wrong direction when consumers have less information than before or are required to jump through more hoops to get the necessary information. The database represents the only comprehensive resource available nationwide about physician oversight. As such it is an incredibly valuable tool that should be returned online immediately.

Continue reading "Federal Physician Medical Malpractice Database Taken Down" »

Through the years our Illinois medical malpractice attorneys have come to appreciate the true scope of the infection problem in hospitals across the country. Hospital acquired infections affect a staggering number of patients each and every year. T he consequences of these preventable medical mistakes can be deadly. All those who care about improving the nation’s healthcare system and ultimately saving lives should spend considerable time and effort addressing this issue.

A report this in the USA Today recently address the continuing problem of these infections throughout the country. The Centers for Disease Control and Prevention (CDC) reported that nearly one out of every twenty hospitalized patients will acquire one of these infections while they are in the medical facility receiving assistance for completely different health issues. That represents a surprisingly large percentage of medical patients, and the potential consequences these victims face is not minor. The CDC estimates that nearly 100,000 patients die each and every year because of these problems that they develop at hospitals. The total costs of treating these infections likely averages around $45 billion a year. Clearly many lives and costs can be saved by decreasing the prevalence of these infections.

One of the main reasons why so many patients become infected while at these facilities is because their immune system is in a weakened state. Bacteria that might be virtually harmless to a healthy person could have disastrous consequences on one whose natural defenses are not strong, those who have incision, or those with catheters that breach the skin.

What makes these infections and the deaths that they cause particularly tragic is that they can almost always be prevented. Something as simple and ensuring proper hygiene at all times can virtually eliminate the problem. Yet most medical facilities fail in this regard. A recent study found that more than 60% of uniforms worn by doctors and nurses tested positive for potentially dangerous bacteria. Another study found that the gloved hands of healthcare workers were just as likely to become contaminated with methicillin-resistant Staphylococcus aureus (MRSA) after touching the patient’s call button as after making contact with their abdomen. The take-away lesson being that all areas of the medical facility seemed to present bacteria-elimination challenges.

The severe infection problem has not received nearly as much attention as it deserves. A large part of that problem is the fact that hospitals have long fought effort to have infection rates made public. One patient safety advocate explained that “there has been little sense of urgency by the medical profession about this problem.” As it currently stands, a little more than half of state require such rates be compiled and made available to community members.

Continue reading "Nearly 100,000 Die Every Year from Hospital Acquired Infections" »

Our Illinois medical malpractice lawyers know that as the election season gets closer and closer, the news will be filled with more instances of candidates discussing tort reform related issues. Over the years we have come to expect these exchanges on the topic to be filled with inaccurate information, contradictory claims, and misguided analysis of legal issue—often focused specifically on medical malpractice. Sadly this cycle appears to be no different.

For example, earlier this month during the Tea Party Express debate, one of the apparent frontrunners for the Republican presidential nomination, Texas Governor Rick Perry, explained that tort reform was “some powerful job creation” and nothing that he would encourage the passage of “federal tort reform at those federal levels.” Blog readers are aware that this proposed federalization of tort reform measures has been kicked around the capitol dome for the last year in the form of H.R. 5.

Of course, per usual, these comments by Governor Perry represent a jumbled, hypocritical understanding of what tort reform actually means and what effects it has on those involved in the process. For one thing, in making these comments Governor Perry is ignoring the thoughts of at least seven leading conservative constitutional experts who explain how new federal rules which dictate this issue to states is an unconstitutional abridgements of those states’ rights. Even some of the most conservative members of Congress have explained how they also believe that these legal issues must be decided at the state level and not handed down on high from the federal government. This is not even including the position expressly stated by the National Conference of State Legislators which argued that Congress should not enact federal tort reform because of its interference with state action.

Of course, these statements attacking “trial lawyers” and bashing the legal system may stir a riled up political audience, but they ignore the importance of the civil trial system throughout the nation’s history. One need only briefly examine the position of the nation’s founding fathers to get an idea of the role these patriots enshrined for the civil legal system. Thomas Jefferson claimed that jury trials are “the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” It is shocking that those who pretend to stand for a return to the values of our nation’s earliest leaders are so misguided about those founder’s beliefs about the role of juries in the system.

The only other explanation is that these political leaders remain unaware of what tort reform actually means. It might be convenient to think that the “reform” will simply make all medical malpractice lawsuits go away. Of course, the root of the “reform” is the taking away of the power of a jury to decide matters in a case and instead creating random rules that dictate outcomes in all case. It is the exact opposite of the rights so highly valued by the Founders of letting impartial juries decide these issues. Our Illinois medical malpractice attorneys are committed to fighting these inaccurate statements, misrepresentations, and downright dangerous suggestions.

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Legal Experts Line Up Against H.R. 5

New Website to Voice Opinion on Proposed Federal Laws

Our Chicago medical malpractice attorneys know that many different causes are often at play when medical mistakes are made that lead to harm to a patient. Our decades of experience have made clear that while similarities exist in many situations, no two cases are always identical. A comprehensive approach to improving medical care requires consideration and understanding of all of those potential causes. It is only when the totality of the process is considered—and potential changes recommended—that mistakes can actually be eliminated and lives ultimately saved.

For example, yesterday the Wall Street Journal discussed how failure of patients to ask questions—or doctors to encourage them—is one cause of medical errors. New data from the federal Agency for Healthcare Research and Quality has found that even though problems with patient-doctor communications have been known for years, there is a long way to go before there is a free flow of communication throughout the caregiving process. Experts believe that intimidation is a large part of the problem, as doctors in the white coats often do not appear open to honest questioning. In addition, time pressure may be involved, as many patients now have less personal interaction with doctors and nurses as they did before.

To help counteract the problem (and ultimately reduce the prevalence of medical malpractice) the agency is launching a new campaign this week to encourage patients to ask more questions. Specifically, the group is hoping to have patients prioritize their concerns before even meeting with a medical professional. Then, when the doctor or nurse is around, the patient can be ready to use the time to ask necessary questions. The agency is offering new tools on its website to help in the effort, including a “Question Builder.”

In addition, the agency is launching a campaign targeting doctors. The group is urging the medical professionals to ask patients about their health priorities and to be open to the pressing concerns of those whom they are aiding. The communication problem needs to be address both by doctors and their patients.

One patient that is assisting in the awareness project explains how he had continually heart problems without ever having much of a dialogue with his doctor. He assumed that the doctor was the expert and that he shouldn’t question anything that he was told. He reports taking medications without knowing what they were for, sitting for hours in the waiting room, and then being rushed through an appointment. He explains how he wishes he would have been more active in his care to ensure mistakes weren’t made and to learn how he could prevent problems from developing.

Continue reading "More Questions Need to Be Asked to Reduce Medical Malpractice" »

Through the years our Illinois medical malpractice attorneys have worked with victims who have suffered in the most damaging ways as a result of preventable hospital errors. Some victims of these mistakes actually die because of the problem, while other’s lives are turned upside down forever because of the consequences of the errors. The stakes are high in many of these cases, and it is only reasonable that the victims of these accidents be given a chance to share their story in a courtroom and allow a jury of their peers to decide the value of their losses.

The Chronicle reported this weekend on one of the more tragic losses that one can suffer because of these errors: amputation. A jury recently awarded a woman $55 million after she lost portions of both of her legs. She was being treated at her home for complications from Crohn’s disease. The victim argued that a home care nurse negligently failed to notice problems with her feeding catheter. As a result, the nurse did not see that a bloodstream infection had developed.

The infection was nearly fatal for the woman, because the nurse’s delay in catching the problem. Fortunately, when the infection was finally noticed doctors were able to save her life. However, they were required to amputate parts of both legs. Following a trial on the issues the jury in the case awarded the woman the losses for medical expenses, lost earnings, and pain and suffering. The victim explained how she hoped the award would help the hospitals which employed the nurse and monitored her work to ensure that such infections are prevented in the future. Many other victims have suffered similar problems with infections from catheters. Routine checks are often the difference between a minimal problem that is fixed immediately and a patient that is forced to go through an amputation.

Illinois medical malpractice can be committed by any medical care worker in any setting. While the perception is that these lawsuits always involve doctors working at hospitals, the truth is that nurses, nurses’s assistants, and aides can all commit mistakes that have life-changing consequences. Whether the problem is created while in a medical center, hospital, or even at the patient’s home, the results are the same for the victim and he or she retains the legal right to seek redress in a court of law. The care that a patient receives at home is held to the same basic standard as care provided elsewhere. All local residents should understand that they do not have to go through these traumatic medical complications alone.

When these types of accidents occur in our area, our Chicago medical malpractice attorneys remain available to help those who have suffered hold their wrongdoer’s accountable. We have worked with victims in a wide variety of circumstances who have been injured because of poor medical care. In addition, we are able to help surviving family members of those who have been killed because of those mistakes. Please consider getting in touch with our office to learn how we might be able to help in your situation.

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Medical Malpractice Deaths Could Have Been Avoided if Doctors Washed Their Hands

Too Much Noise in Operating Rooms Increase Surgical Errors

Some forms of Illinois medical malpractice are easy to identify. Wrong-site surgeries, medical objects being left inside bodies, and obvious medication overdoses are usually easier for victims to understand when they strike. However, there are many forms of this negligence in the hospital setting that may not at first be apparent to victims. This is the case because sometimes the consequences of specific mistakes are not seen until quite some time after it is made. In other cases the problem is one that can only be uncovered by looking at medical records by one who is trained in the field.

One of the more difficult forms of medical error that is tough for victims to identify involves failures to diagnose. Time is one of the most vital components of medical care, and it is imperative that medical experts properly identify medical conditions in a timely manner so that victims can receive proper treatment. When they fail to do so, they often cause irreparable harm.

Last week McDowell News reported on the conclusion of a medical malpractice lawsuit involving a failure to diagnose. The case involved a 42-year old woman who died not long after giving birth to twins. After the childbirth the woman was diagnosed with pneumonia, given medication, and then discharged. However, she made several trips to the emergency room in the days after the births complaining of shortness of breath and nausea. She was again treated for pneumonia, but nothing else. Eventually, after she requested to be admitted to the facility, the woman was diagnosed with worsening congestive heart failure. The victim suffered a stroke a few days after the correct diagnosis was finally made. She underwent surgery two and a half week later to remove a ruptured blood vessel. However, she never fully recovered and died a few days later.

The family in that case filed a lawsuit alleging that the physicians should have caught the problem sooner than they did. Our Illinois medical malpractice attorneys often remind clients about the basic legal standard involved in these cases. Similar to all civil lawsuits involving negligence, a victim is successful in a medical malpractice lawsuit when their medical professional fails to perform up to the standards of a reasonably prudent doctor. Of course proving that this occurred in a particular case almost always requires the use of a third-party medical expert to explain what a reasonable doctor would have done in a similar situation.

The difficulty in identifying the root cause of certain medical complications and the need for medical experts to explain basic standards makes it imperative for all those who think that they may have been harmed by mistakes caused by a medical provider to take the time to learn from a legal professional. It is only after visiting with a legal professional that most victims understand how the law applies in their case, and they can then decide how to proceed.

Continue reading "Jury Award $667,000 to Victim Following Medical Malpractice Lawsuit" »

Inaccurate talk about “runaway juries” that award extravagant damges without any justification is something about which our Illinois medical malpractice lawyers are quite familiar. Sadly, a misinformation campaign has been somewhat successful perpetrated by big-money interests seeking to enact “reform” legislation to fix problems that are mostly fabricated to begin with. Luckily there are those working every day to share fair and accurate information about all of these issues to fight back against the repeatedly skewed arguments coming from the other side. Considering that some Illinois medical malpractice lawsuits have involved punitive damage awards, it is important to be aware of the purpose and justification behind the legal principle.

For example, late last week the Center for Justice and Democracy released a new white paper called “What You Need to Know About Punitive Damages.” The work is an important effort in spreading accurate information about this unique aspect of the civil justice system in which misinformation abounds. Many community members have heard of these damage awards, but are unfamiliar with how they specifically fit into the legal system and what effect they have on corporate behavior. This ne w effort of scholarship explains the role of punitive damages and sorts through the data to share fair information about how juries award these damages and why.

Those not familiar with the purpose of punitive damages often do not understand why they exist and frequently overestimate how often they are used. As explained in the new paper, these awards are a form of damages that are awarded to a victim following a liable finding in a civil lawsuit with the intention of being a punishment to stop the egregious conduct of the defendant. Even conservative free-market economists have explained how these damage-based incentives help “deter non-cost-justified misconduct so they are essential to a fair, safe, and efficient society.”

The new White Paper explains how, contrary to the misinformation spread by corporate interests, these damages are only rarely sought and even more rarely awarded. Data reveals that punitive damages are only awarded in 5 percent of civil cases and 3 percent of tort cases with plaintiff victims. Beyond that, even when they were awarded they are usually much more modest than is often portrayed—averaging only $55,000 in all tort based lawsuits. The perception that all plaintiffs are seeking punitive damages and receive millions of dollars in a windfall is simply nowhere near accurate.

The paper also explains what our Illinois medical malpractice attorneys know well, that these damages are often vital in spurring needed changes in particularly negligent situations so that future victims are spared. Sadly, in the drive for profits, many of the largest businesses—including medical providers and nursing home caregivers—seem to budget out damages that they will pay because of harm that they cause to innocent consumers. Even when steps could be taken which would minimize that harm, if the company feels that they can save a few bucks by paying out damages in lawsuits instead of fixing the underlying problem, they often decide to just pay out the damages. That means that more and more families are forced to suffer losing relatives unnecessarily because businesses unwillingness to make the choices necessary to prioritize the health and well-being of community members. Punitive damage shift that financial cost assessment when necessary to incentive these companies to make safety changes and protect innocent consumers.

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Person Injury Lawsuit Alleges Negligence By Hospital in Bad Diagnosis

Former Tort Reform Advocate Realizes the Harm from Damage Caps

Thomas Reuters News & Insight reported this week on new trends related to how doctors are being held accountable for egregious cases of medical malpractice. Specifically, a growing number of criminal prosecutions have recently been advanced which seek to hold these individuals criminally liable for their behavior when it reaches a certain level of particularly damaging professional misconduct.

As blog readers are aware, there are generally two types of cases that come before courts: civil and criminal. Each Illinois medical malpractice attorney at our firm works on civil lawsuits which are filed by victims themselves (or their family members) and seeks to provide compensation and redress to the victim for the harm caused. Civil cases are begun only when the victim visits a medical malpractice lawyer and asks for help—no government body will start the process on its own.

Civil lawsuits continue to be the main way that negligent medical professionals are held accountable for their conduct. However, over the years a growing number of criminal prosecutions have also been filed against these physicians for the actions. One of the most high-profile examples of this involves the upcoming trial of Michael Jackson’s former physician. Jackson’s family has filed a civil wrongful death lawsuit, alleging that the doctor’s reckless administration of medication led to the death. However, on top of that, state prosecutors also filed criminal charges against the man for gross negligence that led to the death.

Unlike civil cases, a criminal prosecution is begun by a specific public body, usually led by a state’s attorney, which decides whether or not an individual has broken a specific law and whether sufficient evidence exists to show the breach such that jury could find guilt. Also, the legal standards used to evaluate guilt or liability is much different in civil and criminal cases. The standard of proof required is much higher in criminal cases (beyond a reasonable doubt) as compared to civil cases (preponderance of the evidence). The preponderance standard is often best explained by considering that a jury must simply find it “more likely than not” that the medical professionals breached the standard of care. Conversely, when proving something beyond a reasonable doubt, prosecutors must not only show that it is more likely that the crime was committed, but they must affirmatively prove away each reasonable doubt that might be brought up about the defendant’s actual guilt.

More and more prosecutors have ultimately been pursuing criminal cases against the most negligent doctors over the last few decades. According to recent research, there were roughly only 15 appellate decisions involving these cases in the from the nearly 200 year period between 1809 and 1981. However, there was roughly the same amount in the next twenty years alone, up to 2001. In the last ten years there have actually been 37 reported appellate cases on the matter—indicating a clear upward trend. Of course, it is important to remember that these prosecutions still constitute only a very small minority of negligence cases. It most cases doctors do not deserve any criminal sanctions for their mistakes, but instead need only provide compensation to their victims for the mistakes made. That is why civil medical malpractice lawsuits will also be the ideal way for accountability to be had in these situations.

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Dangerous Illinois Doctors Stripped of Licenses

Former Chicago Doctor Convicted of Running Deadly “Pill Mill”

Our Illinois medical malpractice attorneys know that literally millions of patients are victims of medication errors across the nation each year. From minor problems to deadly overdoses, our medication error lawyers have worked with many of these victims. It should be common sense that the utmost care should always be use by medical professionals when it comes to prescribing and administering medications. However, time and again major mistakes are made, and the consequences can be extreme.

Recently the Times News reported on one particularly deadly drug that has been indicated as causing the death of a growing number of individuals: methadone. A methadone overdose is common because even a therapeutic dose for one person can be deadly for another. There is little room for error. For example, a healthy 17-year old high school football player was killed when he accidentally took methadone prescribed to his grandmother for her fibromyalgia. The woman was supposed to take only two pills every four hours, and experts explain that even that prescribed dosage may have been enough to kill the healthy young man.

One doctor explained that someone who has been taking the drug for awhile is generally able to handle larger doses, which a first time user may die from the same dose. The case of the young football player was complicated by the fact that the young man had little body fat to absorb the drug. He is suspected of having taken it in an effort to relieve some of the pain caused from his football playing.

Sadly methadone overdoses remain common—both at home and as a form of hospital medication error. Methadone has been around for the last fifty years, and was initially used to treat people who were addicted to heroin and other opioids. However, in the last twenty years doctors have begun prescribing it to patients for general chronic pain management. As of late it has gained favor in the medical community; it is now prescribed more than drugs like oxycodone and hydrocodone.

Recent statistics show than methadone, oxycodone, and similar painkillers are the most common form of unintentional poisoning death in the country. As one doctor explained, “this is a public health epidemic in the nation…and it’s very unfortunate.” Those seeking to curb the problem say they are focusing on the doctors who prescribe the medication. All those prescribed this drug need to be aware of the dangers an risk for error. Also, medical professionals who use the medication must triple check their work to ensure that mistakes are not made.

Continue reading "Methadone Overdose a Common Type of Medication Error" »

A new story in USA Today discussed a topic with which our Illinois medical malpractice lawyers are well aware: the dangers of having negligent doctors perform cosmetic surgery. As with any medical provider, when the physician running the operation is not properly trained, makes critical mistakes, or fails to notice warnings signs of complications, then trouble can develop. When surgery is involved, those problems can often be deadly.

For example, the article shared the story of one 32-year old mother of six who went in to see a surgeon that she had learned about through an advertisement. She was supposed to have minor liposuction. The procedure was marketed as a safe way to lose weight through surgery. However, after the procedure the woman did not feel well, so she went to sleep at home on her living room couch. She eventually slept on the couch all night. It wasn’t until the next morning that her husband discovered that she was not breathing. The woman had died.

The family filed a medical malpractice lawsuit following the accident. Upon further investigation it was learned that the woman had died of an overdose of the painkiller known as lidocaine. Another plastic surgeon who has reviewed the material in the case explained that there was so much lidocaine in the woman’s system that the doctor who administered it must have had “a basic misunderstanding of the principles of pharmacology and patient safety.” In fact the surgeon involved in the lidocaine overdose case lost another patient not long before. The 38-year old woman in that case died of cardiac arrest while undergoing a liposuction and fat-transfer procedure performed by the surgeon.

In addition, it has since been learned that the doctor who performed the lipsuction is one of a growing number of doctors who are trained in one medical specialty only to branch out into cosmetic surgery—a lucrative endeavor for some. Many states have lax training requirements for doctors performed cosmetic surgeries because they are often defined as “office-based” surgeries. That means that some doctors are doing so only after weekend training sessions. As one might expect, the results of these inadequate regulations and fly-by-night plastic surgeons can be disastrous.

Some experts who work with victims of these cases explain that they generally see new individuals come in every day who have been hurt by surgeons who were not board-certified an botching plastic surgeries. All those considering these surgical options must be vigilant about the quality of doctor that they seek out.

Continue reading "Medical Malpractice Occurs All Too Frequently In Cosmetic Surgery" »

Throughout the last year our Illinois medical malpractice attorneys have shared information on the still active piece of proposed federal legislation known as H.R. 5. The bill seeks to federally mandate that all states impose medical malpractice damage caps in certain civil actions. This runs counter to the long-standing practice of allowing states to make their own decisions about these legal issues, besides being a dramatically unnecessary and damaging attack on victim’s rights. Besides simply being bad legislation, legal scholars on all sides of the spectrum have lined up to explain how it also violates the federal constitution.

A recent editorial in the National Law Journal clearly lays out the case for the bill’s unconstitutionality. Specifically, the scholar explains how the legislation—which forces changes to state tort law—cannot be squared with the Seventh Amendment. T he amendment guarantees all the right to a trial by jury. The court has consistently found that this right guarantees that juries are the ‘judges of damages.” In other words, part of the right to a jury trial is a right to have that jury decide what type and value of damage occurred in the case. Therefore laws that fail to take this into account violate the fundamental aspect of the amendment and would not withstand constitutional scrutiny.

Only ten years ago the United States Supreme Court reaffirmed this position specifically as it relates to the jury’ determination of noneconomic damage (what are the target of H.R. 5). In that latest case the court was clear in distinguishing between punitive damages (which are meant to symbolize a society’s disgust with certain conduct) and noneconomic damages which remain “a question of historical or predictive fact” that must remain within the exclusive control of the jury. The general thrust of these medical malpractice decisions was the reaffirmation of the requirement that juries must be the final arbiter of these damage rulings.

Additionally, there is a strong argument to be made that these caps constitute and unconstitutional “taking.” Former Supreme Court Justice Sandra Day O’Connor has hinted at this fact. Medical malpractice caps essentially mean that the state takes away something of value to an individual victim without compensating them for that taking. In these cases, the jury has essentially created a value for an individual by deciding upon damages for the loss that they suffered. The state therefore cannot take away that thing of value without compensating the individual for their actions. This is a basic property principle that should not be forgotten in this debate.

Without question our Chicago medical malpractice lawyers believe that all community members deserve to maintain their fundamental right to a jury right. All those who understand the importance of protecting this right to a jury trial should stand arm-in-arm against this unnecessary invasion of that principle. While big interests and deep pockets may be behind the effort to curtail these individual rights, the majority of community members continue to understand that there is no benefit from taking away basic rights that have been preserved since our nation’s founding.

See Our Related Blog Posts:

Impartial Organizers Lining Up Against House Resolution 5

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

Our Illinois medical malpractice lawyers know that using the legal process to hold negligent facilities accountable for their misconduct both helps the victim receive fair compensation and acts as an incentive for the facility to make necessary changes. It is an unfortunate reality that oftentimes the improvements in training, alterations in protocol, and other needed actions to ensure patient safety are not taken until a tragedy occurs which reminds the facility of the need.

For example, the Herald Tribune reported last week on how a case of patient neglect in an emergency room led hospital administrators to demand more emphasis on compassion and empathy. The need was spurred by criticism related to the service provided in the emergency room as compared to the hospital as a whole. There had been consistent criticism of the ER care, but the major changes were not instituted until a case of medical malpractice was publicized involving one pregnant woman who suffered a miscarriage while trying to receive emergency room care.

State officials cited the facility last year for the inadequate treatment that they provided to a diabetic woman who was pregnant with twins when she entered the facility’s emergency room. The woman explained how she was left alone for most of the 10 hours that she spent in the emergency room. In addition, the physician and nurse who were supposed to be providing her care failure to properly monitor her glucose level and blood loss. The medical professionals also paid little attention to pain control measures for the patient.

Following the state report on the matter, the hospital finally enacted changes to the way work is done in its emergency room. The new protocols will involve taking steps to reduce the pain management system for those waiting for care, reducing overall wait times, and improving emergency room staff members’ access to resources. The new pain protocol will involve retraining of emergency room staff by pain specialists and endocrinologists. It also will allow ER nurses to make an initial assessment and begin medication before the patient sees a doctor.

In addition new identification measures for miscarriages will be instituted hopefully to prevent accidents like this one from ever happening again. For example, following the changes, when a patient visits the facility with blood loss in an early pregnancy, the ER staff will call the labor and delivery department immediately for a phone consultation. Then, following testing, the patient’s obstetrician will be notified and consulted. Also, patients who do suffer a pregnancy loss will be informed of the hospital’s programs designed to help those deal with the loss.

Continue reading "Medical Neglect Leads to Emergency Room Changes" »

The Sacramento Bee wrote yesterday on a unique medical malpractice case stemming from the family of troubled man suing his psychiatrist. The case involved a lot of legal firsts for the state, and it is rooted in the murder of a woman by her psychotic son. The centerpiece of the suit is the family’s claim that the attacker’s psychiatrist is at least partially to blame for the death because he discontinued the mentally ill man’s anti-psychotic medication shortly before the attack. As blog readers know, a medical malpractice lawsuit is filed when any medical professional’s actions do not conform to that of a reasonable professional and the misconduct results in harm to another.

While this case is incredibly rare, it does provide good material to illustrate the concepts of medical malpractice. The law in the state specifically prohibits a criminal’s family member from profiting from the wrongdoing. However, in this case, the attacker was mentally ill at the time and was not aware of what he was doing. In that way, his actions were not actually “criminal” in the strict legal sense.

In this case the allegedly negligent doctor was working at a community health center when he began treating the ill man. Witnesses have testified that the anti-psychotic drug that had been prescribed to the attacker was working and helped him manage his violent tendencies and sexual impulses. However, the doctor discontinued use of two powerful medications. Shortly thereafter the mentally ill individual began having nightmares and believing that the devil was ordering him to do bad things. The problem reached a boiling point when he attacked his mother, ultimately killing her. He was charged with murder but was deemed unfit to stand trial. He was committed to a state mental institution where he currently resides.

The husband of the victim filed the medical malpractice suit, claiming that the psychiatrist was negligent in discontinuing the medication, an act which ultimately caused the woman’s death. The doctor attempted to have the suit dismissed by referring to the state law which banned family’s from receiving awards following criminal acts. However, the state’s Supreme Court recently ruled on the issue and unanimously allowed the case to go forward.

The justice who authored the legal decision explained that the man’s psychiatric disorder changed the legal situation. The psychiatrist involved owed a duty of reasonable care to the ill man and his family. The jury should be allowed to determine if that doctor breached his duty by stopping the man’s medication. If the jury finds that to be the case, then the family should be able to receive compensation for the losses that resulted from that damaging and unreasonable medical decision.

Continue reading "Medical Malpractice Trial Allowed to Continue in Case Against Psychiatrist" »

After decades of experience helping local families, our Illinois medical malpractice attorneys are very familiar with the many ways that a few negligent doctors and their insurance companies seek to avoid compensating victims for their losses. There is usually a prolonged fight that some of those involved put up in order to delay being held responsible in any capacity. Even when a decision in a medical malpractice lawsuit is finally reached, it often takes continued targeted legal work before the actual judgment award reaches the victims who need it.

The stalling sometimes begins at the very beginning, when negligent medical providers and their insurers try to defeat a suit at the earliest stages. Occasionally these providers will file a “motion to dismiss” after a complaint is filed by a victim. This motion usually seeks to suggest that the claim filed is without merit. At that same time they may also claim that certain procedural rules were not followed in an attempt to get the suit thrown out of court.

Often, when that is not successful, defense attorneys sometimes attempt to delay the legal process during the “discovery” phase. This is the time when both sides seek to collect as much information as they can about the situation in order to prove a case. Unfortunately, some defense teams seek to use this time to delay the process even further and draw out the length of time that it takes for a family involved to ultimately reach a resolution. Often those involved believed that if they draw the process out, the other side will become tired with the process and settle the case for lower than might otherwise be fair.

Surprisingly, even after most of the legal issues in a matter are resolved and a verdict is reached, the defendants often still draw out the processes, keeping victims from receiving the compensation that they have been awarded. For example, a story this weekend from the Tribune Today described how one family was still waiting to collect after being awarded $9.7 million following their filing of a medical malpractice lawsuit. The verdict in the case was reached last fall in favor of the family who young child suffered a traumatic brain injury during her birth. The family successfully argued that the involved doctor’s failure to perform a timely Caesarean section caused oxygen deprivation which ultimately led to the injury. The girl, now 11 years old, suffers from cerebral palsy as a result. Unfortunately, the family has yet to receive any compensation, because of legal wrangling and disagreement on the part of the insurer’s attorneys.

Continue reading "Family Continues To Fight to Receive Medical Malpractice Judgment Amount" »

Most Illinois medical malpractice lawsuits involve “accidents” at a hospital or medical facility that lead to harm to the patient. However, our Chicago medical malpractice lawyers know that the term “accident” is a bit deceiving, because it may give the impression that these events are mere flukes that could not have been prevented. In fact, these suits are centered on the very idea that the error could and should have been prevented. Medical professionals are not punished for things out of their control, but they are held accountable for their own actions and their consequences.

As a new story in the Times Union reiterated, it remains vital that all hospitals remember that their first priority is not to make a patient worse by their improper conduct. The story explained how many consumers continue to be surprised by the sheer amount of medical errors that exist. National estimate suggest that as many as 100,000 Americans are killed each year because of medical errors and an additional 100,000 die because of preventable infections. These are staggering totals.

As one physician explained when asked about the issue, “All indications point to poor communication as being absolutely the number one cause of errors and patient safety issues.” Miscommunication between medical employees or failure to raise concerns remains at the root at the most of these problems. These communication issues are more common than technical or clinical judgment issues. To help, some medical professionals are involved in a new training program modeled after those provided to military pilots and aviation crews in order to determine how these mistakes can be prevented.

Sadly, one common problem is that some medical workers, like nurses and nurse’s assistants, fail to speak up when they suspect that something might be amiss. This issue is related to the relationship that these employees have with the doctors who have the final say in most medical decisions. If the employees do not feel like they can raise certain issues with the professional, then eventually patients are going to suffer. It remains important to eliminate all of these communication issues. The safety of patients should never suffer because of personnel problems.

Besides basic communication issues, it is also necessary for medical facilities to consider all new techniques to prevent some of the most common errors. For example, far too often medical devices, like sponges, are left inside patients following surgery. New technology now exists to prevent the problem. A system exists involving the use of sponges inlayed with microchips. Those sponges can then be tracked, and following the procedure it can be clearly identified if any of those sponges are not accounted for.

Continue reading "A Hospital’s First Priority: Do No Harm" »

All Illinois medical malpractice lawyers understand the way that medical mistake lawsuits combine with public regulatory oversight to help protect victims of improper medical care and ensure safety changes are made at negligent facilities. The interplay between these roles provides an important counterweight to the often strong inclination of many facilities and practitioners to cover-up problems in order to keep up appearances. Most medical professionals work hard every day to provide appropriate care. However, when mistakes are made, it is vital that victims be protected and accountability be had so that the root cause of the problem is eliminated.

State and federal regulations of those facilities are a helpful start to provide that accountability. For example, the Bay Citizen reported this week on fines that have been meted out against at least four hospitals for serious medical errors. The state’s department of public health issued the fines, which totaled $650,000, for problems that were found which placed patient lives at risk.

The specific errors included a wide range of problems which should always be prevented. In one case, a physician implanted the wrong lens on the eyes of patient undergoing cataract surgery. The patient was required to go in a second time for a correction. In another case, a doctor ordered staff members to use a cardiac monitor to care for a patient suffering from an abnormal heart rhythm. However, those staff members did not do so until 40 minutes after the order was given. As a result, the patient went into cardiac arrest had there was a delay in his resuscitation. That delay led to irreversible brain damage cause by lack of oxygen, and the man died two days later.

Another hospital was fined after leaving a sponge inside a patient following a surgery in 2010. It was later learned that the nurse involved failed to follow appropriate policy to keep track of surgical objects during these procedures. In yet another case, local regulators found that a hospital failed to test patient tolerance to opiates before prescribing fentanyl patches. These patches are powerful painkillers that can be extremely harmful to some patients. As a result of the facility’s failure to ensure that the drugs were safe to give to those receiving it, two of the patients died while receiving the medication.

Each of the above incidents occurred within the last two years. All of the fines also came with the requirement that the involved facilities submit a plan of correction to ensure that similar problems are prevented in the future. The local health department then conducted a follow up inspection to ensure the safety for future patients.

Continue reading "Several Hospitals Fined For Serious Medical Errors" »

There has recently been much talk among those who care about fair access to the justice system regarding the “Feres Doctrine” which prohibits military service members from suing the United States government for medical malpractice. Many horrific stories abound about members of the armed forces who have been seriously injured and killed because of basic lapses in care provided by their caregivers at military hospitals and similar locations. However, because of the now fifty year old legal principle established in Feres v. United States, those innocent victims of even the most egregious forms of medical malpractice are denied the ability to use the legal system to protect their rights.

This rule is not rooted in any logic, as the spouses of those individuals do not face a similar bar. In addition, the ban does not apply to non-active duty service members. Instead, only those active duty individuals who are currently serving our country are denied the same rights which are granted to all citizens.

For example, About Lawsuits reported this week on a new case filed by the wife of an Iraqi war veteran against a Veteran’s Administration hospital. This type of suit is allowed even under the Feres Doctrine. According to documents filing in the medical malpractice lawsuit, the woman alleges that the hospital gave her husband a lethal drug cocktail that led to his death. According to the complaint filed last month, the woman alleges that staff members at the facility failed to determine what other drugs the man was taking. That medication mistake led them to prescribe the veteran a combination of drugs that ultimately killed him.

The victim had been partially disabled in the Iraq War during the war while working to save the crew of a downed helicopter. He was awarded a Bronze Star for his conduct after also suffering a traumatic brain injury and post traumatic stress disorder.

The victim originally went to the Veteran’s hospital to seek treatment for a knee injury. Following his death, an autopsy revealed that he had died of a pulmonary embolism caused by mixed drug intoxication. Specifically, Ambien, morphine, Celexa, hydromorphone, promethazine, and Remeron were all found in the man’s bloodstream. There was clearly some miscommunication and problematic treatment issues that allowed the mix of drugs to be given to the man in the way that it was given. Had an accurate assessment been conduct by those treating the man, then he would likely still be alive today.

Our Illinois medical malpractice attorneys are saddened that so many families, including the one in this case, are forced to undergo the paint that these medical mistakes cause. It is vital that these victims maintain access to the legal justice system to hold the negligent medical professionals accountable for their conduct. There is no excuse for errors like the one that appears to have occurred in this case. It is often only through the legal system that victims are able to learn specifically how the miscalculation arose and to force changes to prevent future victims from suffering the same fate.

See Our Related Blog Posts:

Medication Errors Require Millions to Receive Additional Care

Fatal Blood Thinner Overdose Leads to Medical Malpractice Lawsuit

About Lawsuits published a story this week on a new medical malpractice lawsuit that has been filed against a hospital and three doctors following the death of one of their former patients. The suit was initiated by the wife of a man who died after she claims he was given an overdose of the drug methadone. The victim claims that her husband would still be alive if the doctors involved had properly administered the drug. The medical professional’s failure to do so spurred her to file this wrongful death lawsuit seeking accountability for the misconduct that led to his death.

Per the details laid out in the newly filed complaint, the plaintiff’s husband died two years ago after being admitted to the defendant-hospital. The man entered the facility’s emergency room in early June of that year after suffering a variety of problems. The victim had a history of substance abuse issues, and had previously taken larger amounts of alcohol, Ambien, and Xanax. As a result of the man’s previous issues, his doctor made the mistaken assumption that the victim as taking a rather large 100mg prescription of methadone each day.

The physician’s medicinal miscalculation led him to prescribe the man 40 mg of methadone. Compounding the problem, the following day the victim was transferred to a second hospital where the doctor there gave him another 50mg dosage of methadone. The victim was unable to withstand the complications from the drug overdose. He died five days after he was first brought to the emergency room. An autopsy after the victim’s passing revealed that the man died of anoxic encephalopathy caused by a methadone overdose.

Subsequent investigations into the incident revealed that from the very beginning, lab work on the man showed that he was not on methadone. Therefore it is unclear what exactly led the physicians to conclude otherwise. This is especially unusual considering the risks that the drug presents to patients. Methadone is a powerful opioid used as a painkiller. The problems with the substance have increased as of late. The U.S. Center for Health Statistics explains that the number of methadone related overdoses increased four hundred percent in the five year period from 1999 to 2004, up to nearly 4,000. The majority of those deaths were accidental, often caused by use in combination with other drugs. The physicians involved in this case should clearly have known of the risks presented with mistaken prescriptions of methadone.

Continue reading "Medical Malpractice Lawsuit Filed After Methadone Overdose" »

This weekend the Kansas City Star published a story on the often lax treatment provided to doctors who are guilty of repeated instances of medical malpractice. When chronic negligent physicians go without penalty, many unsuspecting victims are harmed in the process. It is important for these downright dangerous medical professionals to be rooted so for that future victims are spared.

The latest article shared the story of one woman who visited a neurosurgeon to have a relatively routine procedure performed—the draining of a pool of blood from the surface of her brain. However, the woman and her family did not know that the surgeon had been sued at least sixteen times before for medical malpractice. At least one of those former victims had died as a result of the medical error and several others had suffered permanent paralysis and other complications. Even before many of those suits, one health care organization denied he man clinical privileges because they were concerned about the quality of care that he was capable of providing.

That history of poor care was hidden from the woman who visited the doctor for the blood draining procedure. Unfortunately, it seemed that the doctor made another mistake in her case. The woman awoke from the surgery to find herself paralyzed on the right side of her body and unable to speak. She had suffered a brain injury during the operation. She never fully recovered. Over the next few days her condition deteriorated before she eventually slipped into unconsciousness and died.

The example highlights the extreme danger presented to many unsuspecting patients when medical professionals who are repeatedly found liable for malpractice are allowed to continue to practice without consequence. Many states provide little oversight of doctors, allowing them to practice without penalty no matter how many or how egregious their conduct.

Unlike what some believe, most doctors do not face repeated medical malpractice lawsuits. As one advocate explained, “If you’re a doctor with more than two malpractice payments, you’re in a rare group.” Data indicates that fewer than 2% of doctors accounted for half of the malpractice payments over the last ten years. That indicates that there are often particularly negligent physicians who are allowed to continue to practice and continue to harm patients in their care. Improving patient safety requires medical boards to take a closer look at those repeat offenders.

Continue reading "Doctors with History of Medical Malpractice Often Go Without Punishment" »

Our Chicago medical malpractice lawyers have continually explained how Illinois birth injuries are often the most damaging of all forms of medical errors. The sensitive nature of all childbirths make it especially vital for those involved in the process to act in a reasonable way each time that they work with a new family. There will always be problems that develop which could never have been prevented. However, on far too many occasions medical professionals fail to take steps that a prudent colleague would, often resulting in serious, life-long birth injuries or even death.

The Daily Herald recently explained how last year an Illinois medical malpractice trial was held involving a local child who suffered brain damage as a result of his doctor’s negligence. It was explained how prophylactic measures should have been taken before the birth to prevent the development of infection. Doctors should have caught the neonatal infection early on, because the obvious signs and symptoms of the problem were present. After a week-long trial the judge deciding the matter agree with the victim that the government doctors who handled the birth were negligent. A $29.1 million decision was rendered which will be needed to pay for the child’s care for the rest of his life. He was left with cerebral palsy, and he cannot walk, talk, or eat through his mouth.

As often happens in these cases, the defendant who was found liable appealed the decision. An appeal must be brought with specific grounds being alleged regarding mistakes of law in the first trial. In this case, the government argued that the statute of limitations had been violated, because the lawsuit was filed more than two years after the injury—which is the usual time limit on these sorts of cases. However, the appellate court rejected that argument, because the time limit did not begin to run until the family knew or had reason to know that the brain injury their son suffered had any connection to the defendants. This exception to the time limit requirement is usually known as the “Discovery Rule.”

Fortunately, in this case the family will not be barred from recovery because of the statute of limitations. However, many families continue to miss out on their fair, legal opportunity to seek redress for their losses because of their failure to timely contact professional help. It remains vital for all potential victims of medical errors not to sit on their rights. Two years following the injury is often the basic requirement for these personal injury suits in Illinois. However, different rules may apply in certain situations—such as this one involving the young child injured during birth.

Continue reading "$29 Million Illinois Birth Injury Lawsuit Upheld on Appeal" »

Our Chicago medical malpractice attorneys know that Illinois surgical errors are some of the most damaging types of medical mistakes. Any time that a patient is put under or has their body opened up, as in a surgical procedure, the potential consequences of mistakes are life threatening. Far too many local residents continue to be victimized by these mistakes. It remains absolutely vital for those victims and their families to maintain the full ability to seek compensation for their losses with the option of sharing their story with a jury if necessary. Sadly, some of those hurt by these mistakes are not given a full and fair opportunity to hold their wrongdoers accountable.

Of course the problem exists not just in our area but throughout the country. For example, the Star-Telegram reported late last week on one man’s continued fight for justice. The victim was 20 years old when he went into a local medical hospital for what was intended to be a fairly routine laparoscopic surgery to have his gallbladder removed. The man went to a military hospital because he was at the time—and still is—an airman for the U.S. military.

The fact that the surgery was being done laparoscopically means that it should have been less invasive than normal surgery. He was not even expected to have to stay at the hospital overnight. Unfortunately, the surgery went awry. When the man’s resident physician was trying to insert a port into the victim’s abdomen, the doctor accidentally sliced the aorta just above where it splits to provide blood to the lower extremities. The cut caused the man to begin gushing blood internally. The attending physician took over following the surgical error. Upon learning that the man had no blood pressure, the surgeon was forced to open the victim’s entire abdomen, find the tear, and begin fixing the problem. He ultimately lost 3.5 liters of blood before surgeons were able to clamp the artery.

The man was rushed to an intensive care unit. While there, his legs began showing clear visual signs of turning white then blue. Medical personnel could not measure the blood flow into the man’s legs. However, nothing was done for the next three and a half hours. Doctors then made plans to transfer him to another hospital. However the transport helicopter arrived nearly an hour later and didn’t take off until an hour and a half after it arrived. When the surgeon at the civilian hospital finally saw the man, he told his family that there was a good chance he may not survive. The civilian surgeons repaired the aorta at which point blood finally began flowing back into the man’s legs. However, there had been too much time delay. The legs had essentially died and needed to be removed.

Unfortunately, because of the oft-discussed “Feres Doctrine,” the victim in this case has had trouble holding anyone accountable for this medical malpractice. Military doctors are essentially immune from liability, no matter how egregious or damaging their errors. Many advocates have long called for the repeal of this doctrine, with cases like this one offering a clear indication of why the rules need to be changed.

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Military Members Deserve Same Legal Rights as Others

Settlement Reached in Medical Malpractice Claim Against Military Hospital

Earlier this month we explained the recent passage of the Illinois Patient Right to Know Act which will re-open a long dormant database of information for Illinois patients. The bill was recently signed by Governor Pat Quinn, making it the official law of the land. The centerpiece of the measure is a computerized database that will share information about Illinois medical malpractice claims, doctor education, physician discipline, and more. The information was previously available for a two year stretch but was removed per a triggering provision in the original bill following a state Supreme Court decision regarding Illinois medical malpractice caps.

Entrenched medical lobbying interests in the state fought the re-publication of the information intensely. However, a wide range of interests came together to support this common sense effort. The Southtown Star published an editorial this week affirming the benefits of the Act. The story explained how the idea behind the bill was basic responsibility and fairness, which means that even powerful lobbying interests were unable to stop it.

The story explains how it is common sense for local patients to have access to the database to learn a variety of information about their medical provider. The website will list the doctor’s disciplinary history, insurance information, hospital affiliations, and practice specialties. In addition, the database will give patients the chance to see whether or not the doctor in question had any medical malpractice judgments or settlements involving medical malpractice in the last five years. When the site finally reopens in a few months all of the state’s 48,000 physicians and chiropractors will be listed.

As the paper notes, there should be nothing to fear from open, honest, and clear information being provided to consumers. In the two years that it was available many Illinois community members used it to find information about their medical providers—the site drew over 150,000 hits per week in that time span. Medical errors are capable of having life altering (or ending) consequences and it is only fair to have as much information about those who will be in a position to make those errors.

The state’s medical lobby fought access to this information for years, arguing that it was only going to be used as ammunition for legal challenges against doctors. However, as the editorial makes explicit, that is premised on an unfair and inaccurate description of all Illinois medical patients. Transparency and open access to information has been shown time and time again to lead to quality improvements in all areas of society—there is no reason to believe that this will be any different. It is only logical for patients to have easy access to information about their doctors.

Continue reading "Illinois Medical Malpractice Database Soon to Be Available to Patients" »

Illinois medication mistakes effects patients in our area every day. Various drugs are used as a first step to treat and control virtually all illnesses, ailments, and conditions. Many area residents, both old and young, rely on these medications to keep them healthy and prevent complications. Unfortunately, with the prevalent use of these drugs, far too often medication errors arise. The mistakes take the form of incorrect instructions, overdoses, use of the wrong medication, and incorrect prescriptions. Reports continue to indicate that literally millions of these errors strike each year with serious repercussions on the well-being of patients throughout the country.

This week a report in Medical News Today explained one unfortunate form of medication error that seems to disproportionately affect seniors. Specifically, research is finding that many older patients leave hospitals without getting new prescriptions for medications that they were taking before they arrived there. Many elderly community members take a variety of medications at home to take care of problems such as blood thinners, asthma medication, cholesterol-lowering drugs, and similar pills. With many seniors on multiple pills they themselves often do not remember if one of them is not re-prescribed by the doctor.

However, the new research found that if a senior suffers an injury or ailment that requires them to go into the hospital they often leave the hospital without having their original medication renewed. This is the case even though the condition which instigated the use of that original drug still exists. Failure to take the proper medication has been found to be deadly in the long-run. For example, a staggering 19% of seniors who were on blood thinners before entering a hospital left the facility without a renewed prescription. Seniors who were not given renewed drugs were found to have higher return rates to the intensive care unit, the emergency room, or dying within the year following the hospital visit. This suggests that there may be systematic problems in the way doctors work with senior patients and exchange information about their current medical regimes.

This sort of mistake may be a form of medical malpractice, because it constitutes a clear violation of care that a reasonably prudent doctor in the same circumstances would provide. If a patient is suffering from an identified disease and they are being properly treated for that disease, then it is often unreasonable to take the patient off this successful treatment plan. However, failure to renew working prescriptions is a form of just this kind of mistake.

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In the heat of passionate public discourse, discussion about medical malpractice lawsuits and the role of the judicial system is often distorted. Many are left with the inaccurate perception that all doctors are constantly facing unjustified suits. Others believe that if only rights were taken away from those filing these legal actions then healthcare costs would be lowered and everything related to access to proper medical care would be cured.

These are all inaccurate.

Most medical malpractice lawyers understand the importance of keeping these debates in context. For one thing, research continues to show that for each physician, facing a medical malpractice suit is a very rare occurrence. Many never deal with one, even fewer ever pay out because of one of these suits, and only a few face multiple accusations. Instead, the legal justice system is used less than most believe. As one recent letter published by Boston News explained, the misconceptions that continue to permeate in some communities about these issues may stem from a misunderstanding about what these lawsuits mean.

Medical malpractice lawsuits are almost always rooted in the legal principle of negligence. Anyone can be found guilty of negligence, and the term simply means that one does not act as a reasonable person wound in the same circumstances. In the medical malpractice context this is generally adapted to be a somewhat objective standard comparing the conduct of the doctor in question to a reasonably prudent doctor in the same area. Therefore, these cases usually are not based on claims of intentional misconduct as some believe but unreasonable mistakes.

This is the same basic legal principle applied to all community members in their day-to-day activities. When someone drivers a car from their home to the grocery store they are held to standard of a reasonably prudent person when behind the wheel. That means that if they act in a way that violates the standard—such as going too fast for conditions—and they cause another harm (causing an accident), they will he held civilly liable for the damage that results. This is the same reasoning applied in the medical context—no more and no less. It would be strange indeed if medical professionals were held to a lower standard than citizens engaging in everyday actions.

When a suit is filed against a doctor they will always be given the opportunity to explain why they acted the way that they did. At that time they can explain why they believe their actions were not unreasonable in the circumstances. If a jury agrees with their position, then there will be no liability.

Our Illinois medical malpractice attorneys know that the majority of medical professionals act in fair and reasonable ways the vast majority of the time. Our work, however, only involves those cases where mistakes were made that caused victims harm. When that occurs we help those victims who have suffered often debilitating losses seek compensation and recovery for their conduct. At the same time these suits act as an incentive for some health facilities to make important changes to ensure mistakes do not occur repeatedly.

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The Watertown Daily Times reported this weekend on the firing of a surgeon after serious accusations of medical malpractice and the filing of a lawsuit. According to reports the surgeon had worked for the area hospital for the last nine years before receiving a termination letter earlier this month. The letter stated that the doctor was dismissed retroactive to July12th of this year—a date which corresponds to the filing of a medical malpractice lawsuit.

The suit was filed against the surgeon as well as four other doctors in the area on behalf of an local man and his wife. The complaint filed in the suit claims that the doctor involved failed to properly assess, treat, and provide appropriate care for cellulitis and an abscess on the man’s toe. Cellulitis in a skin infection caused by bacteria. It is usually caused by a break in the skin that is not treated and then becomes infected; without further treatment it can spread to other parts of the body and cause various complications. The other doctors in the complaint were further alleged to have failed to inform the man of surgical risks associated with the issue, follow appropriate protocols for working with a diabetic patient, or obtain timely consultations with another physician.

It is unclear what specific complications the victim faced as a result of this alleged medical malpractice. However, the latest legal filing seeks damages and reimbursement of legal expenses for pain, suffering, loss of income, enjoyment of life, and future pain for the victim. In addition, his wife filed a claim for lost “care, compassion, and consortium” that she suffered a result of her husband’s complications.

The doctor who was fired after this suit had a history of problems. Five years earlier the general surgeon was named in another lawsuit. That earlier case charged the doctor with leaving a piece of gauze and attached string inside the abdominal cavity of a patient after performing an appendectomy. That suit was settled out of court and the details of that settlement were sealed as a term of the agreement.

The doctor explained that the hospital will hold a board of managers meeting at the hospital this week to explain the situation. He noted that all those interested in learning about the details of his termination and the circumstances of the proposed malpractice could attend to learn more.

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