Illinois Medical Malpractice Blog

Illinois Supreme Court Makes Right Decision

2010-02-09T04:38:00Z

Lately, the media has focused on how many of this nation’s Supreme Courts are committing judicial activism. However, the recent decision by the Illinois Supreme Court is evidence that the Illinois Supreme Court can make “non-activist” decisions. They did so by rightfully declaring that the 2005 cap on medical malpractice awards was unconstitutional. Not only does precedent require this decision, it also shows that the Supreme Court can make the right decision for Illinois. By declaring medical malpractice caps unconstitutional, they showed their commitment to patient’s rights. Families rely on court-determined compensation in order to rebuild their life after a devastating medical error. By instituting medical malpractice caps, the legislature tried to take away the judicial branches right to decide. Thankfully, the Illinois Supreme Court brought the decision back to the bench. To read more about the medical malpractice decision, please click the link.

Family Awarded $2.9 Million Settlement After Son Killed by Oxygen Tank

2010-02-08T04:52:00Z

The family of a 6-year-old boy who wrongfully died after he was struck in the head by an oxygen tank reached a $2.9 million settlement with the hospital. The boy was lying in an MRI chamber when the machine’s magnets pulled in a metal tank that a staff member had brought into the MRI’s magnetic field. The victim’s family then filed a medical malpractice lawsuit. This death is one of the 98,000 deaths that occur due to medical error. To learn more about the medical error, please click the link.

Case Law Update: Medical Malpractice Caps Deemed Unconstitutional in Illinois

2010-02-05T17:28:38Z

The landmark Illinois Supreme Court Case of Lebron, a Minor v. Gottlieb Memorial Hospital was decided on Feb. 2, 2010. The Illinois case decided that damage caps on medical malpractice case awards for noneconomic damages, such as pain and suffering, was in direct violation of the separation of powers. The Illinois Supreme Court found that the caps were an interfereance with the judicial branch’s authority to reduce verdicts. Since the noneconomic damages provision is not severable from the statute, the Court found that the entire statute is invalid. This important case is a victory for those who value patient’s rights and will have a great effect on Illinois medical malpractice law.

Illinois Declares Medical Malpractice Caps Unconstitutional

2010-02-05T04:23:55Z

The Illinois Supreme Court showed their support for patient’s rights today by ruling that medical malpractice caps violate the state’s Constitution. The ruling strikes down a statute that would limit awards for noneconomic damages such as pain and suffering. This would be the third time that the Illinois Supreme Court rejected medical malpractice caps. The court told lawmakers that they could not limit the amount of money that a medical malpractice victim could win in court. The Illinois Supreme Court found that the legislature had violated the separation of powers by infringing on the powers of the judiciary. The ruling revolves around the case of a 4 year old victim who was a victim of medical negligence. This medical error caused the girl’s brain damage at birth. This is a landmark case that will help the victims of medical malpractice throughout the state of Illinois. Now that malpractice caps have been lifted, the victims may receive funding that is needed to survive. The lawyers at Levin & Perconti applaud the Illinois Supreme Court for their support of patient’s rights. A victim deserves to be rightfully compensated for their injuries. To read reaction to the important decision, please click the link.

Illinois Supreme Court Rules on Medical Malpractice Caps

2010-02-04T18:35:02Z

Today, the Illinois Supreme Court handed down a ruling in favor of patients and victims of medical malpractice throughout the state. According to a press release issued by the Illinois Trial Lawyers Association, the Court ruled that medical malpractice caps are unconstitutional in a lawsuit about a young girl who suffered a significant brain injury due to medical negligence. ITLA president, Peter J. Flowers, applauded the Court’s decision, noting it will shift the focus to “meaningful insurance reform” that will cut costs for doctors and patients and will give Illinois residents access to quality care.

The Chicago medical malpractice lawyers at Levin & Perconti support the Court’s ruling. Medical malpractice laws were designed to protect patients injured through no fault of their own. These laws allow victims to seek fair compensation for a health care provider’s mistakes. We are pleased that the Court ruled to protect patients’ rights to hold doctors and hospitals accountable.

Medical Malpractice Verdict $16.5 Million Verdict

2010-02-04T05:20:33Z

A couple has received a $16.5 million verdict in a medical malpractice case against a neurosurgeon. The jury deliberated for eight hours. The man was injured while off-roading his vehicle. He had a fractured spine and was not seen by a doctor until the next day. He was operated on two days after the injury and left the hospital a paraplegic. The victim recovered for past and future lost earning, medical costs and damages for pain and suffering. Medical personnel must be extremely efficient in order to avoid medical malpractice. To learn more about the medical malpractice verdict, please click the link.

Woman Files Medical Malpractice Lawsuit after Doctor Fails to Detect Breast Cancer

2010-02-03T04:42:06Z

A gynecologist failed to discover a growing mass on a woman’s breast. The mass was then detected a year later by her family physician and was determined to be terminal cancer. The 34-year-old woman has filed a medical malpractice lawsuit against her gynecologist claiming that the doctor failed to discover the cancer during her exam. The woman had filled out a form that clearly stated she had a pain in her breast. The medical malpractice lawsuit claims that the family doctor had felt something in the victim’s breast during a breast exam and encouraged her to seek a mammogram. It was then discovered that she had a cancerous tumor growing in her breast. The cancer spread to a bone in her back and it was determined that the cancer was incurable. To learn more about the medical malpractice lawsuit, please click the link.

Oral Surgeon Named in Medical Malpractice Lawsuit

2010-02-01T04:35:29Z

A woman’s dental surgery has spurred a medical malpractice suit. The lawsuit claims that the oral surgeon left a drill bit in the victim’s right maxillary sinus. This left her with dizziness, pain, nosebleeds and a sinus infection. The medical malpractice lawsuit named the oral surgeon and the health group in the suit. The oral surgeon had used a burr to separate her teeth and make the extraction easier. However, somewhere in the surgery the burr became detached and lost. When the victim came back to the dentist’s office he stated that she was feeling normal pain. She later had to go to the hospital to receive medical attention for the dental error. Doctors performed a magnetic scan in order to find the drill bit which only caused it to move further within her head. The drill bit has now been removed but she still may suffer from nickel poisoning. This type of dental error could have implications on the victim’s health for years to come. To read more about the dental malpractice lawsuit, please click the link.

13 Hospitals are Fined for Medical Errors

2010-02-01T04:18:17Z

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.

Class Action Medical Malpractice Filed Regarding Stints

2010-01-31T04:26:36Z

Medical malpractice attorneys have filed a class action lawsuit against a hospital after it informed more than 350 patients that they may have received unnecessary heart stents. The hospital had recently sent letters to the patients informing them that they may have received stents even though their arteries were not in fact clogged enough that they would need such a stent. The class-action lawyers state that the stents were implemented because of their $10,000 procedure costs. The hospital did not comment on the medical malpractice lawsuit.. Surgeries should only be performed if they are in the interest of the patient. To read into the class-action lawsuit, please click the link.

Case Law Update: Reporting Time in Medical Malpractice

2010-01-29T21:29:05Z

Cookson v. Price, No. 109321 presented the question as to whether trial court properly dismissed plaintiff's medical malpractice claim for failure to provide sufficient physician's report required under 735 ILCS 5/2-622 where plaintiff attempted to amend insufficient report with second report that had been authored by different medical professional. Trial court found that plaintiff was not seeking to amend consultation report, but was attempting to substitute wholly new report that was not timely since it had been tendered after 90-day extension of time that had previously been granted to plaintiff under section 2-622. Appellate Court, in reversing trial court, found that plaintiff could amend initial report since there was no statutory bar to substituting report by new author. This case will impact medical malpractice cases.

Health Care Bill Still in Jeopardy to Medical Malpractice

2010-01-28T15:15:00Z

Recently Senate Minority Leader Mitch McConnell stated on Meet the Press that the health care overhaul should reduce the number of medical malpractice lawsuits. He believes that malpractice is an area where Democrats should show more flexibility in the revised health care legislation. However, what Mr. McConnell failed to tell the American public is that every year 98,000 people die as a result of medical error. Additionally, studies show that provisions such as medical malpractice caps do not lower insurance premiums. Republicans and Democrats alike should work towards changing health care in a way that does not limit a patient’s rights. To read more about the health care debate, please click the link.

Woman Files Medical Malpractice Lawsuit after Cancer went Undiagnosed

2010-01-28T03:46:17Z

A woman claims a doctor and a hospital failed to properly interpret the results of a biopsied piece of vaginal tissue that turned out to be malignant. The medical malpractice lawsuit was filed after the doctors failed to diagnose her with cancer. Doctors first removed the vaginal tissue samples from her and performed a biopsy. The results then were sent to a specialist who failed to recognize that the biopsy and tissue samples showed presence of cancer. The cancer remained untreated for “a substantial period of time” which caused the victim to sustain severe injuries. The woman claims that the medical error caused her to lose wages; experienced pain, suffering, disability, loss of a normal life, disfigurement, an increased risk of future injuries and diminished her life expectancy. The medical malpractice lawsuit stated that if the cancer were treated sooner then she would have incurred less medical expenses. The lawsuit seeks a judgment of more than $150,000 plus costs. To learn more about the medical malpractice lawsuit, please click the link.

Illinois Medical Malpractice Lawsuit Claims Fetal Distress Not Detected

2010-01-27T05:07:07Z

A Collinsville, Illinois woman claims her daughter died after her doctor allegedly failed to provide her with proper pre-natal care. She filed the medical malpractice lawsuit against both the hospital and physician. The medical malpractice lawsuit claims that the doctor breached her duty of care by failing to monitor or assess the fetal viability during the pregnancy in light of the existing medical conditions. Also, the doctor failed to treat the mother’s diabetes in order to properly ensure fetal development. Finally, the medical malpractice lawsuit states that because the doctor failed to intervene when the fetus became distressed her daughter died. The Illinois lawsuit seeks more than $400,000 in damages. To read all of the medical malpractice counts, please click the link.

Medical Malpractice System Must Survive Healthcare Overhaul

2010-01-26T04:43:23Z

Despite Republican efforts to enact tort reform, the recent healthcare bills leave the country’s medical malpractice system in tact. This is because medical malpractice lawsuits are often the only recourse for thousands victimized by medical error. Studies show that approximately 98,000 patients are killed each year by medical errors. Forty-six states have passed some sort of tort reform, and these states do not have lower costs or coverage for the uninsured. This proves that attempts to limit patient rights should not be included in the health care bill. By focusing on reducing medical errors, the healthcare system can help avoid the 98,000 wrongful deaths each year. Please contact your congressman and voice your opposition to medical malpractice reform. To read more of the ongoing debate, click the link.