Illinois Medical Malpractice Blog

Two decades ago, Congress created a national database to stop dangerous or incompetent caregivers from crossing state lines. The database allowed hospitals to check for disciplinary actions taken anywhere in the country against nurses, pharmacists, psychologists and other licensed health professionals. Twenty-two years later the federal government is finally letting hospitals use it. However, the database is missing serious disciplinary actions against possibly thousands of health providers. One such health care provider had her license pulled after she injected a patient with painkillers in a drugstore parking lot. However, she is not listed on the database.

The head of the Health Resources and Services Administration has acknowledged that records were missing. They sent a letter to the nation’s governors asking for their immediate help fixing gaps in the database calling it a matter of public safety. In 1999, medical malpractice legislation made it mandatory for state boards to file a report on all other health professionals whose licenses were revoked or restricted. Reporters found at least nine states that appear to have submitted incomplete records on registered nurses. This includes one case in which a nurse had put a knife to a co-worker’s throat. A recent medical malpractice article documented the failure of this database.

The Chicago Tribune has found that Illinois regulators had revoked the license of an EMT after she failed to provide proper care to patients in need, yet she was still not on the federal database. Illinois is one of the 20 states that have failed to adequately report disciplinary actions. These databases will help decrease medical error. They must be properly updated in order to protect Illinois patients.

A state’s officials have fined 13 hospitals for medical errors that have killed or seriously injured patients. A report shows that one hospital was fined $50,000 with the death of a patient that died after he pulled out his tracheotomy tube although there were instructions that that patient be restrained and supervised. There was also a fine given to a hospital that misdiagnosed an ectopic pregnancy. A woman’s oxygen levels were not monitored correctly, leading to another fine. A patient died after nurses failed to notice that his heart monitor was disconnected. These are just a few of the examples of the 98,000 people who die every year as a result of medical error. To learn more about the hospital fines, please click the link.

Illinois consumers can now pore over an abundant amount of data, mostly much of it unpublished, about Illinois hospitals and surgery centers on a state-sponsored Web site. The website will include information on what these medical providers charge, how many procedures they perform, how often they deliver recommended care, and how consumers rate their care. They can also find which hospitals use registered nurses most often or which Illinois hospitals perform the most cesarean sections. This will help people become better consumers of medical services and hold medical providers accountable for their performance. The state will also add a great deal of additional information to the Web site over the next year. For example, the website will soon include information about the number of hospital-acquired infections each institution has. The current data includes information on which hospitals adhere most often to the recommended standards of care for patients with heart attacks. This website will help Illinois consumers track medical mistakes.

To visit the website, please click the link.

To read more about the website’s launch, please click the link.

New problems have emerged at the troubled VA Medical Center in Marion, Illinois. This has prompted Veterans Affairs Secretary Eric Shinseki to order a “top-to-bottom” review of the facility. Senator Durbin and other Illinois lawmakers met with the VA secretary after a report this week found ongoing problems at the facility, where nine patients died in surgery in six months ending in March 2007. This is a mortality level more than four times the expected rate. Durbin blamed the nine deaths on “medical malpractice” and called the newly disclosed problems “appalling” and “inexcusable.” The Marion VA’s interim director has been replaced and more personnel changes are scheduled. The new report identified problems in four areas: quality management; physician credentialing and privileging; medication management and environment of care. The final problem area relates to infection control standards and cleanliness of the hospital. The 30-page report identified that two physicians performed procedures for which they lacked privileges. Additionally there was a failure to screen deaths within 30 days of surgical procedure. To read more about the failing hospital, please click the link.

Serious safety issues continue to plague an Illinois Veterans Affairs hospital. This comes even after major surgeries were suspended two years ago because of a spike in patient deaths. Surgeons at the medical center in Marion, Illinois performed procedures without proper authorization. Also, patient deaths were not assessed adequately and miscommunication between staff members persist. The medical center’s is not taking the corrective actions to improve patient care. The hospital has been under intense scrutiny since 2007 when a former surgeon resigned after a patient bled to death following gall bladder surgery. The VA found at least nine deaths between October 2006 and March 2007 which were the result of substandard care at the hospital. Additionally, a report found that the hospital did not sufficiently monitor 87 percent of the physician’s employed. There were strong problems with infection control, including MRSA. Illinois Senator Dick Durbin is outraged by the substandard care that is occurring at the Veteran’s Hospital. To read more about the medical malpractice, please click the link.

Medical malpractice reform is unlikely to cut healthcare spending significantly. The Congressional Budget Office found that the savings of medical malpractice reform would only be approximately 0.5% or $11 billion a year at the current level. This is far lower than advocates had estimated. The study shows that enacting a cap on pain-and-suffering and punitive damages, changing liability laws and tightening the statute of limitations on malpractice claims would only lower healthcare by approximately 1% each year. This figure is far lower than estimates by groups that are currently backing malpractice reform. They claim that the reform would save taxpayers somewhere between $100 billion and $200 billion dollars. Since restricting patient’s rights would not result in great savings, medial malpractice reform should be reviewed. To read more about the congressional report, please click the link.

A detailed safety analysis conducted on behalf of Hearst Newspapers found that at least one in six of the studied facilities had preventable deaths. These occurred from common procedures, including cases in which medical instruments were left inside patients and transfusions were done incorrectly. Many hospitals have poor performance in the safety indicators developed in recent years by federal health researchers. The study found that doctors fudge death certificates, leaving out information that would point to medical errors as a prime cause of death. One woman was reported to have died of pneumonia on her death certificate. However hospital records show she initially went to the hospital for a shot of diuretic to treat leg swelling and then contracted an infection which caused the pneumonia. The CDC is aware of the inaccuracies in death certificates. They stated that medical error is “often not reported” because it gives doctors problems down the road. Some groups say that a nationwide reporting system is too expensive and too difficult to implement. However, it may decrease the amount of medical malpractice cases. To read more about the medical errors, please click the link.

A recent investigation by the Hearst Company has drawn attention to the fact that approximately 200 thousand Americans will die this year from preventable medical errors and hospital infections. Currently 20 states have no medical error reporting system in place, five have voluntary ones and five more are developing reporting systems. Even in the 20 states that have the mandatory systems, hospitals report only a tiny percentage of their mistakes, standards vary wildly and enforcement is often nonexistent. The report also blames special interests for blocking progress in the area of medical reporting. A news medical correspondent described some of the most common medical miscues and offered advice to help keep one from being a victim of medical malpractice.

- Make sure surgeons personally sign or initial the skin of the patient over the area that’s being operated on; patients should remind all surgical personnel about the side and site of the procedure
- Patient’s should ask what every single medication is that they’re given while in the hospital and remind everyone who approaches them with drugs of any allergies they have
- Always look the surgeon in the eye before the operation to avoid any possibility of mistaken identity.

Communication is the greatest key to preventing medical errors which are oftentimes caused by
- Poor documentation
- Illegible handwriting
- Sleep deprivation
- Improper nurse to patient ratios

To read more about the medical mistake survey, please click the link.

Experts estimate that about 98,000 people die from preventable medical errors each year. This calculates to more Americans dying each month of preventable medical injuries than died in the terrorist attacks on September 11, 2001. In addition, a federal Center for Disease Control and Prevention concluded that 99,000 patients a year succumb to hospital-acquired infections. Experts believe that almost all of these deaths are preventable. A huge problem with preventing these deaths is that no definite study has been done to calculate exact numbers. Ten years ago a highly publicized federal report called the death toll shocking and challenged the medical community to cut it in half within the next five years. However, federal analysts believe the rate of medical error is actually increasing. A national investigation by Hearst Newspapers found that the medical community, the federal government and most states have overwhelmingly failed to take the effective steps outlined in the medical malpractice report. Even in states like California, where they have put regulations in place, it appears that hospitals ignore rules without penalty. A study conducted in five states show that only 20 percent of some 1,434 hospitals surveyed are participating in two national safety campaigns. It also showed that a minimum of 16 percent of hospitals had at least one wrongful death from common procedures go awry. Frustrated patient-safety groups say that preventing medical malpractice should be at the forefront of health care. At the center of this would be developing medical design systems that can reduce medical errors and prevent harm from reaching the patient when a medical mistake is made. To read more about the medical malpractice report, please click the link.

It was recently discovered that a patient’s death in a Chicago area hospital was not reported to Illinois state regulators. According to Illinois regulators, the Chicagoland hospital was required by law to report the incident. The Illinois Department of Public Health, according to the article, only learned of the patient’s death a year later. The hospital is also being questioned to whether it overdosed the patient during her stay. Furthermore, a drug the Chicago area hospital prescribed to the patient has not been approved for pregnant mothers, but the patient was eight weeks pregnant.

Read more about the alleged hospital negligence here.

Hospira, a global medication delivery company, is voluntarily recalling a plastic product used to administer injections. A small number of products may be incorrectly labeled. Adverse effects from error may result in electrolyte imbalance, cardiac dysfunction, gastrointestinal disturbances, paresthesia and mental confusion.

For the full story click here.

A recent New York Times article examined recent programs calling for lightened hours for medical residents. The Times piece says that for the standards to be enforced, they need regulations. The panel proposed that residents or no more than 16 hours straight and that every 30-hour shift needs a five-hour sleep break after 16 hours. Such regulations would be great and likely lower rates of medical malpractice and surgical error.

For the full article.

A physician who practices out of an Endoscopy Center has been hit with a medical malpractice complaint by the state’s board of medical examiners. The former gastroenterologist faces four medical malpractice allegations relating to the care he was provided to patients. Officials believe that one of the patient’s hepatitis C was transmitted to seven others. Medical malpractice complaints have already been filed against the clinic’s majority owner as well, and their licenses have been suspended pending an investigation. The allegation is that it was the physician treating the source patient that led to the other patients acquiring hepatitis C later that day. Claims of medical malpractice against the doctor focused on treatment of not only that first patient, who underwent a colonoscopy, but on a patient the doctor treated later in the day. The medical board complained that the doctor failed to exercise proper skill and diligence and that he brought the reputation of the medical profession into disrepute. It is believed that the reuse of syringes in a manner that contaminated multiple vials of anesthesia used for more than one patient led to the transmission of hepatitis C. The state board is investigating whether this has contributed to a widespread outbreak of hepatitis C. To read the full story, click here.

A report shows that a germ that wreaks havoc in people’s guts is infecting hospital patients at a much higher rate than had been previously estimated. The study found that slightly more than 1 in every 100 hospital patients are struck by Clostridium difficle which is commonly referred to as C. diff. The bacterium can cause severe diarrhea nausea and abdominal pain and sometimes can lead to colon failure or even death. Experts suggest that we need programs to improve cleanliness and hand-washing by hospital staff. Additionally there should be better control over antibiotics that can increase susceptibility to infections. The study was conducted by the Association for Professionals in Infection Control and Epidemiology and was done in 648 hospitals in 47 states. It found that 13 out of every 1,000 patients in the hospital either had C. diff infections or carried the bug on their bodies. This figure is 6.5 times higher than previous estimates. C diff. spores can live on heard surfaces for weeks or month and resists every-contaminant except bleach. A problem is that the alcohol-based hand gels now omnipresent in hospitals aren’t effective against C. diff spores. Additionally, hospitals are failing to identify patients hit by C. diff. One patient lost 55 pounds in four moths as antibiotics failed to control her diarrhea from C. diff. To read the full story, click here.

Blacks and Hispanics who receive treatment for head injuries and other trauma are more likely to die afterward than whites with similar injuries and, regardless of race, trauma victims who lacked insurance died much more than those who were insured. The study offers the latest evidence of how race and insurance status affect patient outcomes. The data showed that trauma victims who were white and had health insurance fared better than blacks, Hispanics and the uninsured, even when the severity of the injury was the same. The study showed that uninsured and minority patients might be more likely to have pre-existing medical conditions that would lower their chances of surviving a serious trauma wound. They are also more likely to be treated in under-resourced hospitals that tend to have worse patient outcomes. This racial medical malpractice needs to be examined in order ot insure everyone proper health care. To read the full story, click here.

The US Food and Drug Administration (FDA) is planning to strengthen the warnings on the diabetes drug Byetta after receiving reports of another 6 patients being admitted to the hospital. Two of these patients died because they got hemorrhagic or necrotizing pancreatitis after taking the drug. Byetta is a drug that is administered by injection for treating adults with type 2 diabetes. The total number of people that have fallen ill with pancreatitis after taking Byetta is 36. The FDA said that the there is “an association between Byetta and acute pancreatits is suspected in some of these cases.” However, most of the reported cases involved at least one other risk factor. The agency did say that it is not advising doctors to stop prescribing Byetta and will be posting further advice and alert updates if they receive anymore information. To read the full story, click here.

A new hospital comparison website has expanded to inform the public about more than just a hospital’s negligent, proper or above average performance. Hospitals keep track of hospital deaths from a wide variety of illnesses and conditions. A new website has listed the hospital death tolls for hospital pneumonia deaths, hospital heart attack deaths and hospital heart failure deaths. Although some hospital deaths are natural, medical malpractice and hospital negligence does play a role in a significant number of preventable deaths. This new website is a great source to make sure the hospital you or a loved one is to visit is acting in a reasonable manner and that the hospital is not full of negligent hospital staff and negligent doctors. In order to prevent wrongful deaths and medical malpractice lawsuits hospitals must learn to operate reasonably, efficiently and safely. To read the full story on this new website click here.

The Illinois Department of Financial Professional Regulation has posted a new website database where you can find out more about your doctor or health care professional. The Physician Profile Search allows visitors to see where the doctor went to medical school, if the doctor has been involved in any lawsuits, and determine if the doctor is licensed to practice.

Find the Physician Profile Search here.

The generally accepted medical opinion for decades has been that diabetes patients should lower their blood sugar in order to reduce the risk of death from heart disease. However, a recent extensive federal study has been cut short after the middle-aged and older participants had a higher risk of death after lowering their blood sugar. For people with diabetes, lowering blood sugar can have benefits such as protecting against kidney disease, blindness and amputations. The increased risk of death exposed in the study has been alarming in the medical community. Doctors have frantically began searching for an explanation.

Click here for the full article

The United States ranked worst among 19 leading industrialized nations in preventable deaths due to treatable conditions. France, Japan and Australia were ranked the highest. The study that created this ranking showed that if the United States had preventable death rates more comparable to those countries, there would be 101,000 less deaths in the US each year. The parameters for deaths counted in this study were those that could have been prevented if patients had access to effective and timely health care. The 47 million Americans lacking health insurance accounted for a large percent in the US preventable deaths, but deaths contributed to by medical mistakes are also frighteningly prevalent. The president of the company that backed the research, Commonwealth Fund (a New York-based health policy foundation), Cathy Schoen said, "The fact that other countries are reducing these preventable deaths more rapidly, yet spending far less, indicates that policy, goals and efforts to improve health systems make a difference."

Click here for the full article