Illinois Medical Malpractice Blog

Case Law Update: Medical Malpractice, Experts and Motions for New Trial

2008-07-04T16:57:06Z

In Ruffin v. Boler, No. 1-06-3437 (June 25, 2008), the 1st div. (Garcia) affirmed, holding that the trial court erred when it granted new trial after jury returned verdict in favor of defendant. The subject matter of the trial was obstetrician malpractice. The court held that any error associated with purported improper cross examination of the plaintiff's expert was corrected by trial court in its admonition to jury; and trial court properly allowed testimony of defense biomechanical engineering expert with regards to probability that natural force of labor, rather than excessive use of lateral traction caused damage to child's shoulder during delivery.

Study Dispenses With Medical Malpractice Myths

2008-07-02T16:10:10Z

A new study suggests that claims of medical malpractice verdicts in Illinois spiraling out of control are greatly exaggerated. The study analyzed Illinois jury verdicts and settlements since 2002 by county. In contrast to claims that juries are awarding Plaintiffs millions-upon-millions in frivolous lawsuits, the study concluded that Plaintiffs prevail at trial in only about 1 out of 3 cases, with median verdicts at about $1 Million. The same holds true for settlements with most offers being characterized as de minimis especially when factoring in the high costs associated with a medical malpractice and negligence case. This study also dispensed with the myth that a medical malpractice case in Illinois could only succeed in Cook County. Statistically, there appears to be little difference in either the success rates or size of the verdicts when comparing Cook County to the rest of Illinois. Altogether, the study shows that criticisms of medical malpractice claims in Illinois are greatly exaggerated.

For the full study, click here:

Woman Dead After Being Ignored in a Hospital

2008-07-02T15:33:43Z

Surveillance footage from a hospital shows a woman falling from a chair, writhing on the floor, and, finally, dying, as workers fail to react for over an hour. Esmin Green, 49, waited in the emergency room for almost 24 hours until she fell face down on the floor from the chair she was sitting in. She fell at 5:32 a.m., by 6:35 a.m., when a medical staff member who was flagged down by another person in the waiting room nudged Green’s body with her foot, she was dead. Until that staffer was summoned, Green hardly drew any attention. Patients sitting nearby did not react at all, security guards and a hospital staff member seemed to have noticed her body a minimum of three times, but, from the video, it does not appear that any of them attempted to aid her. In fact, one security guard could not even be bothered to leave his chair, instead, he rolled it around the corner, stared at her body, then rolled it back. Green had been involuntarily committed the day before the incident and was still waiting for a bed when she fell; her body stopped moving approximately half an hour after she fell. Reportedly six people have been fired because of the incident, amongst those let go are security personnel and staff members.

This is not the first issue with the hospital’s mental health unit, which was sued last year by the state’s Mental Hygiene Legal Service and Civil Liberties Union, who called the unit “a chamber of filth, decay, indifference and danger.” The lawsuit further states that patients who complained too much were occasionally handcuffed, beaten, or injected with psychotropic drugs. The parties in that suit went before a judge on Tuesday where the hospital agreed to institute reforms, including checking on patients in the waiting room every 15 minutes. Additionally, the hospital will make attempts to shorten the average waiting time to 10 hours within the next four months.

Adding to the shocking situation is the fact that Green’s medical records appear to have been altered or falsely filled out in an attempt to cover up the incident. For example, there is a note for 6 a.m. that claims she was “awake, up and about” and another 20 minutes later claiming she was sitting in the waiting room and that her blood pressure was normal, in actuality, Green was either dead or writhing on the floor during those times.

It is unclear whether Green’s family will seek to file a wrongful death lawsuit for this apparent medical malpractice. To read more about Green's shocking death click here.

Going Abroad for Substandard Care

2008-07-01T17:57:23Z

A trend is emerging where patients in need of medical care are going abroad for surgeries. This trend is in response to rising health care costs in the U.S., a function of insurance companies increasing rates to maximize profits. However, there are numerous risks associated with major medical procedures abroad. Initially, the level of care may not be the same given different licensing requirements and regulations. Further, patients may be exposed to substandard protections against infection and the spread of disease. The American Medical Association has expressed concern over the standard of care in other countries and is not yet convinced that the purported benefits outweigh the costs. For patients that do seek care outside the U.S., it is important to see a U.S. physician for a follow-up upon reentry. These patients must also keep in mind that surgery and travel often do not mix.

For more information, click here:

Malpractice Site Meets Opposition

2008-07-01T16:29:03Z

The Medical Board in one state decided to post medical malpractice payouts on its website, but doing so has been met with opposition. The Board, who licenses and disciplines 22,000 doctors who practice in the state proposed displaying all malpractice payouts going seven years back. This last proposal comes as part of an overall effort to inform patients about their doctors. The state at hand is not alone in its proposal, 25 other states have done similar things. The people who oppose it, of course, are doctors and hospital, medical malpractice insurers, and defense attorneys, who dislike the rule in general, and the seven year retroactivity in particular. The Board’s legal director, however, says that only one state who has similarly posted retroactively has faced a challenge, and that challenge failed. Last year the state legislature gave the Board approval to post the payouts, but also gave the Board free reign in deciding how to do so. The final decision will be made next month.

Posting medical malpractice payouts also has proponents, like Wanda Nicholson, who husband was partially paralyzed in his foot after a spine surgery. Wanda had checked the Board’s existing file regarding the doctor before the surgery, but found nothing bad. After the surgery, Wanda found out that the doctor had had issues with other patients, and some patients may have even filed medical malpractice lawsuits. Read more about the website medical malpractice postings here.

Illinois Supreme Court Decides In Favor of Plaintiffs

2008-06-30T15:33:04Z

In a recent decision regarding the collateral source rule, the Illinois Supreme Court held that a Plaintiff is entitled to recover the full amount of medical bills even the amount actually paid by Medicare and Medicaid was less than the full amount. The decision came following a trial court decision to reduce the amount of damages awarded by the jury to amount of medical expenses actually paid. The Illinois Supreme Court reversed because the collateral source rule applies even if bills are paid by government agencies instead of private insurance. This decision is a victory for all Plaintiffs whose compensation would be limited by unpaid medical bills.

For the full decision, click here:

Medical Error in the Sky

2008-06-30T15:11:08Z

Six people are dead and three injured after a medical helicopter crashed into another medical helicopter. The medical helicopter crashes came after the planes were transporting injured patients to the hospital. Medical errors are thought to be grounded in hospitals such as medical malpractice physician errors, pharmaceutical errors or medical device liability claims. This plane accident sheds light on a growing problem of medical helicopter crashes which raises questions about liability for the patient’s health and for the health of hospital and medical employees. To read about the most recent crash click here.

Woman Receives $2.75 Million Verdict

2008-06-27T19:45:43Z

A Midwestern woman recently was awarded $2.75 Million following an incident of medical malpractice and negligence. Physicians failed to test a tumor that was removed from her foot, which had they tested it, would likely have tested positive for melanoma cancer. Instead, one year later, another tumor was removed that, when tested, revealed the cancer. However, due to state damage limit laws, she will likely only receive $1.25 Million.

For the full article, click here:

Medical Device Safety Act

2008-06-27T15:24:47Z

A new tort reform bill proposed in the House of Representatives may bring justice to those who face medical device defects and have pharmaceutical liability claims. The bill, titled the Medical Device Safety Act would allow those to bring product liability suits even on products approved by the FDA. This bill would allow those who suffered personal injuries from medical device defects and defective drugs to have a cause of action against the makers of such products. To read more about this tort reform that allows this nation to head in a positive direction click here.

Doctor To Be Extradited For Deaths of Patients in Australia

2008-06-27T15:07:55Z

Dr. Jayant Patel is going to be extradited from the United States to Australia on charges of manslaughter for the deaths of three of his patients. The doctor is now asking to be freed for the weeks before the extradition occurs in order to see a cardiologist, attend religious services, and organize documents for his defense; a judge has not yet ruled on his request but may do so today. Patel has faced accusations of medical mistakes for most of his career, starting with his residency and running throughout his tenure as a surgeon at a hospital. The charges are criminal, stemming from a stay at a hospital in Australia. U.S. prosecutors allege medical errors such as failing to stop internal bleeding in a patient who later died, removing a healthy gland instead of a cancerous one, and tearing a patient’s esophagus. There is no word yet whether the families of the deceased patients will file wrongful death lawsuits for the doctor’s alleged medical malpractice.

Paxil linked to Birth Defects

2008-06-26T15:42:23Z

Following revelations that GlaxoSmithKline misrepresented the suicide risk associated with Paxil, an antidepressant, a recent study has concluded that the drug may also double the risk of congenital malformations in newborns. This study follows the release of information that taking Paxil may lead to an 8 times greater risk of suicide. The company had previously artificially reduced the risk of suicide by improperly counting patients who took placebos.

Similarly, women who took Paxil while pregnant and gave birth to babies with severe birth defects are outraged believing that GlaxoSmithKline may once again have misrepresented the dangers of their drug. Many of these women argue that if they had been properly informed about the risk of birth defects, they likely would not have taken Paxil during their first trimester.

For more information, click here:

Mega Health Supplement Faces Mega Recall

2008-06-26T15:08:53Z

A product recall has been issued for Total Body Formula and Total Body Mega Formula products. The products which are suppose to help with overall fitness have instead lead to serious personal injuries to the users of the recalled product. The nutrition supplement recall follows after the products were determined to contain toxic levels of some chemicals. Product liability lawsuits have already been filed by users of the recalled product who have suffered personal injuries from hair loss to pain in their legs. Product manufacturer lawsuits and lawsuits against the distributor of the recalled pharmaceutical and health product may be forthcoming. To read the full article click here.

Doctors and Hospitals No Longer to get Paid for Medical Errors

2008-06-26T15:01:48Z

One state and the biggest insurer therein announced a list of 28 medical errors for which doctors and hospitals will no longer be reimbursed. The 28 errors entail mistakes such as performing surgery on the wrong body part, or the wrong patient, performing the wrong surgical procedure on a patient, unintentionally leaving a foreign body in a patient, and death or serious disability resulting from a medication error such as the wrong drug or dose. The list will be used by Blue Cross Blue Shield in the particular state and by several state agencies that provide or subsidize insurance for various groups including needy people. This comes after Medicare announced last year that it would stop paying for what are called “never events,” such as leaving a foreign object inside a surgical patient. This initiative may spread to other states, including Illinois.

Hospitals Say ‘Sorry’ But It’s Not Benevolent

2008-06-25T18:13:27Z

Following the lead of a Midwestern hospital, facilities throughout the country are taking a novel approach to medical malpractice – honesty. In an effort to limit liability, hospitals are calling patients’ families for meetings where they inform the family members that their loved one died, not because of natural causes, but physician malpractice or negligence. Surprisingly, the approach has worked to the extent that most family members appreciate an honest account of the cause of death.

However, there is an invidious motive behind this new policy. Hospitals are finding that by calling family members into their facility and telling them what happened, they are able to force ignorant or misinformed grieving family members into an emotional decision to settle before even consulting an attorney. This has the potential to create problems where settlements are far below fair compensation for the pain and suffering experienced by the family or even insufficient to cover basic medical expenses. Many of these cases involve gross negligence on the part of physicians where a patient is administered the wrong medication or a fundamental test is not performed that could have prevented death.

Ultimately, the policy of honesty has potential in wrongful death situations. However, patients and family members should be cautious when faced with a sudden decision to settle. At the very least, these individuals should avoid making an emotional decision on-the-spot. To this extent, consulting an attorney would help improve and refine this new approach to medical malpractice.

For further information, click here:

Bill to Increase Patient Awareness About Physician Malpractice

2008-06-24T17:31:42Z

A state legislative agreement was announced today that will publicize the names of doctors charged with misconduct and will give those doctors just one day to produce office records demanded by investigators. The measure is in response to a case where a physician improperly exercised controls over infections resulting in notifications to 10,000 patients that they may be infected. The physician had infected at least one patient with hepatitis C by reusing syringes. That same doctor had also been involved in 10 medical malpractice settlements in 10 years, which should have triggered a state investigation.

The new bill will require increased review of medical malpractice records to find patterns disturbing patterns. The bill will also increase transparency, a critical step to improved patient confidence in physicians and the medical profession. The increased access to medical records will also assist patients seeking to hold physicians accountable for their negligence and malpractice.

For more information, click here: