Illinois Medical Malpractice Blog

Each individual case of Illinois medical malpractice presents a range of unique legal issues. In most cases, medical malpractice is essentially rooted in the civil claim for negligence—alleging that another community member did not act reasonably which caused their harm. In a general sense, this is the same whether the negligent party is a doctor, nurse, taxi driver, construction worker, or anyone else. Yet, when medical errors are involved there are often a few legal complications involved that are not present in other negligence situations—like expert witnesses—but the basic legal principles are the same.

However, as a new story in Medical Daily explains, depending on the unique situation, legal claims beyond negligence may be implicated following poor medical care. For example, the story discusses the rare situation where a suit is filed against a doctor for emotional distress, even where there is no physical harm. Each Chicago medical malpractice lawyer at our firm was interested to read about the case which involves a mother who sued her doctor for failing to prepare her for the mental and emotional shock of her newborn’s birth deformities.

In this particular case the mother filed the suit against her doctor in 2005, claiming both negligence and intentional infliction of emotional distress. The doctor performed an ultrasound on the child and told the mother that the results were normal without any abnormalities. However, when the child was actually born he had a range of deformities. The baby did not have arms below the elbows or legs below the knees. He had an accessory tongue, delayed jaw growth, an umbilical hernia, and a ventral curvature of the penis. The effect of seeing her son for the first time without any warning about his unique disabilities threw the mother into shock. She explains that she suffered from severe emotional and mental distress in the aftermath of the birth.

The defense lawyers challenged the emotional distress claims, because it was unclear if the law allowed patients to file suit for purely emotional harm. However, an appellate court ruling in the state just affirmed the patient’s right. The attorney representing the plaintiff explained that the opinion was consistent with other rulings. In addition, he summarized that “where the specific professional responsibility of an attending physician is to convey accurate information, then failure to do so can give rise to liability if the physician’s breach results in unusual and extreme emotional distress on the part of the plaintiff.”

It is unclear how this latest appellate court ruling will affect future cases in the state against doctors. The law surrounding medical malpractice changes over time as societies adapt, rulings are shifted, and the world changes. Our Illinois medical malpractice attorneys closely follow all legal trends in this area for that reason—to ensure that clients are appraised of every option in front of them. When you may have been hurt in any way by the misconduct of your medical professionals, ensure that you visit with an experienced legal professional to learn about the potential legal ramifications of your situation.

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A medical malpractice attorney has filed a lawsuit on behalf of the husband of a woman who died as a result of an obstetrical error during the birth of her child, reports the Mount Airy News. According to the report, the defendant obstetrician-gynecologist cut her small bowel while performing a cesarean section to deliver the victim’s first child.

After the surgery, the doctor closed her up without properly examining her. In the following days, she complained on nausea, abdominal pains and not being able to have a bowel movement, but her physician and hospital staff ignored these complaints. She was released home where her problems continued, until she returned to the hospital where lab tests revealed that her kidneys had stopped functioning. She was transferred to a larger hospital, but unfortunately died soon after transfer. According to the lawsuit, the woman was most likely suffering from sepsis as a result of the doctor’s surgical mistakes.

When the woman’s small bowel was severed during the cesarean, the doctor did not realize the mistake or take action to remedy it. When tears or perforations to the small bowel occur, the contents of the bowel can leak into a person’s abdominal cavity which can lead to a sepsis infection. When left untreated, sepsis infections can be fatal such as in this woman’s case.

Our attorneys see a number of cases where preventable medical errors and mistakes go unnoticed, untreated, and lead to further injury or death. One of the goals of a medical malpractice lawsuit is to hold all wrongdoers responsible for lapses in care that cause someone else to suffer serious injuries or death. In this particular lawsuit, the victim’s family’s lawyer not only named the physician, but also the hospital and physician’s practice group as defendants, alleging that the doctor released the victim without properly examining her, the hospital failed to attend to her complaints of abdominal pain, and the practice group is negligent for lack of informed consent.

Wrongful death lawsuits also work to recover economic and non-economic damages for injured victims or the families of those wrongfully killed. In this particular case, the family will seek damages for funeral expenses and pain and suffering. The family can also seek damages to receive compensation for the victim’s lost future income.

Often, we report on lawsuits involving injuries to babies at birth. However, as with any medical procedure, labor and delivery also bring significant risks to the mother, and our Chicago medical malpractice attorneys have experience in these types of cases. We represented the family of a mother who died two weeks after her daughter’s birth because her doctor failed to diagnose or treat her abnormal bleeding after a cesarean. Our wrongful death lawyers received a $7 million jury verdict for the woman’s husband and child. We pride ourselves in our extensive experience handling cases involving complex medical issues, including those involving the injuries or death of a mother during childbirth, and work to help others achieve justice for the harms caused.

Medical malpractice injuries can take many forms and can occur to patients in any age group. Regrettably, birth injury cases in Illinois account for many of those injuries. The most recent available statistics from the Illinois Department of Public Health show that in the years 2006-2008, approximately 27 out of every 1000 births in Illinois involved some form of birth-related injury, and another approximately 6 out of every 1000 births resulted in death as a result of health-care provider injury. Though at first glance it may seem like a small percentage, the Illinois Department of Public Health reports that 180,503 babies were born in Illinois in the year 2006; if the statistics are correct, more than 4,800 babies were seriously harmed, and another almost 1,100 killed in cases of Illinois medical malpractice.

Certainly in some instances, birth injuries occur by no fault of the doctors or nurses, but the truth is that many, if not most of these injuries result from negligence and/or mistakes on the part of health care providers. Parents place their trust in hospitals and doctors, and when babies are harmed the effects of the negligence are devastating.

Injuries to the baby can happen at almost any stage of the delivery or labor process. When errors are made and doctors or nurses are careless, birth injuries may result. Although some babies with birth injuries may ultimately recover quickly, unfortunately many more end up suffering from permanent debilitating mental or physical conditions, treatment for which may be life-long.

Birth injury lawsuits allow the parents to collect damages from the insurers of the negligent health care providers so that the parents can have help with the costs of providing care for the child throughout the duration of the child’s life. Some of these expenses may include:

• Past and future medical expenses for treating the injury,
• The cost of providing care for the child,
• The cost of specialized schooling for the child,
• Emotional and physical pain and suffering experienced by the child,
• The costs of future earnings that the child may have received, had he or she lived a normal life,
• And many others.

In these cases, the life-long effects can be overwhelming, and sometimes the only way to get retribution is to have those who caused the injury help pay for the cost of future remedies. When you add up the expenses for the effects of a birth injury, it’s easy to see that future care for a birth injury is both emotionally and monetarily costly. Doctors and hospitals are often insured, which allows parents of an injured child to be able to provide the best possible care for the child – something that wouldn’t likely be feasible on an average family’s salary.

Our Chicago birth injury attorneys have seen hundreds of cases in which children are harmed during labor or delivery, and understand the tremendous struggle that parents with injured children have to endure. If you or a loved one have had a child who has suffered a birth injury, an attorney may be the best person to help you understand your rights.

Avvo reported last week on the culmination of a medical malpractice lawsuit stemming from a birth injury.

The actual medical error leading to the trial occurred 18 years ago. The negligent obstetrician-gynecologist was presiding over the delivery of a baby girl when problems developed. However, the negligent doctor failed to act in a timely manner to help prevent complications from developing. Specifically, the doctor allowed a substantial time delay between the complications and the ordering of surgery. As a result of that error, the child suffered fetal asphyxia caused by umbilical cord compressions.

The damaging occurrence often leads to neurological problems in the infants, including cerebral palsy or even death. The child born here suffers from a number of developmental problems.

After hearing the evidence, the jury in this case found that the doctor’s poor care was a substantial factor in the girl’s asphyxia and subsequent neurological problems. They awarded her $3 million for her losses from medical malpractice.

As blog readers are aware, quick action is crucial during childbirth. Even small delays in decision-making can be the difference between life and death. All childbirth doctors know this and are therefore held to a reasonable standard of care when they aid in deliveries.

Continue reading "Birth Injury Lawsuit Leads to $3 Medical Malpractice Verdict" »

A medical malpractice victim has settled with an Illinois hospital, a nurse midwife and the nurse’s employer for a $9.5 million medical malpractice lawsuit. The victims had alleged that the hospital was a fault for causing their son’s cerebral palsy. The victim’s mother was admitted to the hospital in 1996 while she was in labor with her son. The nurse had failed to promptly get a doctor when the mother requested one upon experiencing complications. The Illinois judge and mediator agreed to the medical malpractice settlement and believed it was good for both sides. This case took place in an Elgin hospital. To read more about this medical malpractice settlement, please click the link.

In the United States alone, about 10,000 babies per year will develop cerebral palsy. About two-thirds of those children will be mentally impaired. One cause of cerebral palsy is birth injury or birth trauma. Medical negligence, such as careless handling of the child’s cranium or an undetected oxygen blockage in the child’s brain is a factor in cerebral palsy cases. There are two factors that can indicate potential dangers during prolonged labor. These include the baby getting “stuck” in the birth canal with no oxygen supply. Also, if your water broke and your doctor didn’t make sure that you delivered within 24 hours you should alert someone immediately. If your child developed cerebral palsy as the result of medical negligence, consult a Chicago medical malpractice lawyer. To learn more facts about cerebral palsy, please check out the link.

A jury has awarded a medical malpractice victim $10 million. The Orlando Sentinel is reporting that the jury found the ambulance service at fault for the victim’s son’s premature birth injuries incurred in the ambulance. The medical malpractice trial lasted two-weeks. The jury decided that the company was negligent for transporting the woman when she gave birth to her son en route to the hospital. The boy is now six.

At the time of the birth he weighed 1.7 pounds and suffered a lack of oxygen to the brain. This left the boy suffering from cerebral palsy. While no amount of money will make up for the damage that her son has occurred, the victim is pleased with the outcome. The original medical malpractice lawsuit also included the hospitals and doctors. All of these defendants settled with the plaintiff for a total of $1.4 million last year. The medical malpractice lawsuit alleged that the victim first went to a medical center suffering from pain and premature labor. The emergency room physician believed that she should stay and be treated at the hospital, but an ambulance was called to transport her to another hospital. The boy was born about 15 minutes into the trip but had trouble breathing. CPR needed to be performed.

Cerebral Palsy, which involves lack of motor function, can result as a result of medical negligence. If your child has cerebral palsy, please contact a Chicago medical malpractice attorney. To read more about this specific medical malpractice trial, please click the link.

A Gurnee, Illinois family has won a $29.1 million verdict in a medical malpractice lawsuit that was decided in federal court. The Daily Herald is reporting that the verdict benefits the 6-year-old victim who is now a quadriplegic suffering from cerebral palsy. The boy was delivered with the birth injury in May of 2003 at Northwestern Hospital in Chicago.
The medical malpractice lawsuit was brought in federal court because the doctors guilty of the medical error worked for a federally funded clinic in Chicago, the Erie Family Health Center. The medical malpractice lawsuit was also filed under the Federal Tort Claims Act, which allows victims to sue the federal government. Filing under the Federal Tort Claims Act requires a bench trial without a jury. Thus, Northern District of Illinois Judge Amy St. Eve was responsible for handing down the medical malpractice verdict. While the verdict was for $29.1 million, this will be setoff by a previous $6.5 million settlement reached with the hospital last year.

Cerebral Palsy is a common birth defect that can be a result of medical malpractice. When doctors leave a baby in the birth canal too long, cerebral palsy may develop. Cerebral Palsy affects a child’s movement and posture and can result in involuntary or uncontrolled movements. This birth injury often requires lifelong medical care and treatment. If your child suffered cerebral palsy as the result of medical error, please consult a Chicago injury lawyer. To read more about this Illinois medical malpractice , verdict please click the link.

All too often the public does not hear about the detrimental effects tort reform has on the hundreds of thousands of victims whom are injured by medical malpractice each year. Tort reform puts a cap on compensation for victims of medical negligence. The Huffington Post points out the specific case of Lisa Gurley. A court found that the severe brain injury suffered at birth by Lisa’s son, Colin, was caused by a doctor’s negligence. Despite this finding, Nebraska tort reform prevented Lisa and her son from being adequately compensated for his injuries. In fact, they were compensated for just a tiny fraction of what it will cost to care for Colin for the remainder of his life. Now, Medicaid and the Nebraska Medically Handicap Children's program pay for all of Colin’s care. It is grossly unfair that the taxpayers and Colin’s family are paying the astronomical cost of caring for a severely handicapped child while the doctor and the insurance company paid minimally for the medical negligence. The Chicago medical malpractice attorneys at Levin and Perconti are working to protect the rights of catastrophically injured children like Colin and to ensure that there continue to be adequate remedies for injured victims of medical negligence.

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.

A woman and her fiancé filed a federal medical malpractice lawsuit against two hospitals. They allege that they were ignored in a hospital emergency room so long that they returned home where the woman gave birth to a premature baby. The baby then died. The victims allege that their federal right to emergency medical treatment was violated. They seek unspecified damages for emotional distress. The two did not have medical insurance. There are current investigations as to whether the couple was ignored after the woman entered the hospital with severe abdominal pain. Federal law requires that most hospitals provide emergency attention to patients whether or not they have insurance. To ignore such a patient is medical malpractice. After visiting to two hospitals the couple went home. The mother gave birth to a breach baby and the 1-pound, 6 ounce baby girl was pronounced dead at the scene. This type of medical error goes hand in hand with health care reform. To read more about the birth injury, please click the link.

A woman is suing a Hospital claiming she was the victim of medical malpractice three years ago at the hands of a nurse during child birth. The medical malpractice lawsuit alleges that the woman was given Pitocin, a drug used to induce or augment labor, without orders from a physician. The drug allegedly caused the victim to have rapid contractions that slowed the baby’s heart rate, prompting an emergency C-section. The medical malpractice claim states that the hospital is responsible for the woman’s permanent injuries and damages, pain and suffering, disability, emotional distress and loss of enjoyment of life. She looks for damages as well as compensation for past and future medical expenses related to the medical error. To learn more about the birthing error, please click the link.

A woman went to a hospital expecting a normal vaginal delivery. However after 10 hours of labor she needed a cesarean section and began bleeding internally after her uterine arteries were torn or cut during the surgery. According to her medical malpractice lawsuit she bled to death after the attending physician and obstetrician argued as to how to treat her. They could not determine whether the victim was bleeding internally and whether they should reopen her abdominal incision to evaluate. The victim had lost more than 3 quarts of blood during the surgery which accounted for 60 percent of the total blood volume in her body. The medical malpractice lawsuit claims that the doctors and hospital botched what should have been done in a routine birth. When the victim entered the hospital she was healthy and had a problem-free, full-term pregnancy. The doctor’s were quoted in an affidavit stating that there was understaffing in the surgical care unit. Both the hospital and doctors deny any medical malpractice. To read more about the mother’s death, please click the link.

A birth injury is when the direct cause of a baby’s medical complications is directly caused by the delivery procedure. Birth injuries are often the fault of medical malpractice. If during the delivery the procedure involved substandard or less than adequate medical care a person may have a claim for medical malpractice. If this sounds like your case, contact a medical malpractice attorney in your area.

Read more about medical malpractice birth injury claims here.

A jury recently awarded $2 million in a medical malpractice lawsuit to the family of a woman who died after being given medication following the delivery of her baby. The jury determined that the doctor was negligent in giving medication to the new mother.

For the full article.

American Association for Justice is hosting a seminar on medical malpractice lawsuits this weekend in Phoenix, Arizona. The seminar will provide an in-depth understanding of medical negligence issues and trial strategies.

For more information.

The American Association for Justice (AAJ) will host a medical negligence lawsuit seminar from January 30-31, 2009 in Phoenix, AZ. The seminar will cover a wide variety of medical malpractice lawsuits, including birth injury lawsuits.

To sign up and for more information, click here.

A jury awarded $20 million medical malpractice settlement finding that a boy’s lasting medical problems caused by mistakes made at his birth. Jurors deliberated for about four hours before deciding that both the doctor and the hospital were negligent in their treatment of the mother who was giving birth to the baby boy. The jury assigned 60 percent of the negligence to the doctor and 40 percent to the hospital. The day the baby was born, the mother called her doctor because she believed there may be something wrong with her unborn child. The doctor, who was not her primary obstetrician, told her to go to the medical center. After the mother arrived, she was hooked up to a fetal monitoring system, which indicated the baby was in distress. The nurses called the obstetrician who gave the mother advice, but he did not arrive for two hours. In that time, the baby got very little oxygen. The doctor’s decision to attempt to induce labor worsened the situation. By the time the baby was delivered by Cesarean-section about four hours after the mother arrived at the medical center, irreparable damage had been done. The child has cerebral palsy, no use of his hands, is almost completely blind and is mentally retarded. The child is now 7 years old and functions at the level of a 6-to-9 month old. His parents will receive $2 million of the award for health care expenses and related costs. He was additionally given $18.5 million for lost earning capacity, pain and suffering and medical expenses. The family stated that the majority of the money will be used for the 24-hour care he needs for the rest of his life. To read the full story, click here.

A west Chicago suburban woman whose son was born with severe brain damage has agreed to a $5.5 million settlement with the doctors and hospital after they caused a lifetime of problems for her son. The mother of the boy agreed to a settlement with the hospital in Melrose Park, Illinois and the two doctors. After the mother was admitted to the hospital and given a drug to induce contractions, her baby’s heart rate started to drop. She argues that an obstetrician should have been called in, but instead the family doctor tried to deliver the baby using a vacuum retractor. When the vacuum retractor didn’t work, he tried using forceps which became lodged in the mother’s uterine wall. The baby boy, who ended up being delivered by C-section by another doctor had been deprived of oxygen long enough to cause brain damage. The young boy is now 6 and is unable to walk, talk, feed himself or sit on his own. A Cook County jury found only the first doctor liable for the young boy’s injuries but the hospital and the second doctor will also have to contribute to the damages. To read the full story, click here.

University of Connecticut studies show that there may be a relationship between cesarean delivery rates and medical malpractice rates. Normal vaginal delivery is considered safer than a cesarean delivery for both mother and baby if the birth is uncomplicated, however cesarean deliveries are recommended for any complications. The rising number of cesarean deliveries may have caused the mean premiums for medical malpractice insurance for obstetricians to increase from less than $80,000 for an individual physician to more than $120,000. Many medical malpractice lawsuits come when a baby is not born using the cesarean delivery and has poor fetal outcome. Doctors argue that these deliveries are risky for the mother of the child, and the decision to perform a cesarean is a great one. Nationwide, cesarean deliveries account for 30.2 percent of all deliveries in 2005, compared to 20.7 percent in 1996. To read the full story, click here.

An Illinois Medical malpractice lawsuit filed seven years ago has finally ended with a million dollar medical malpractice settlement. The large medical malpractice settlement did not come without sacrifice. Illinois medical malpractice plaintiff, Vanessa Jenkins, brought a lawsuit against an Illinois hospital after her son was delivered with a birth defect. Her son sustained brain injuries and other personal injuries as a result of the hospital’s negligent misconduct. The negligent doctor who used a vacuum extractor during delivery of the child caused the child to suffer from serious personal injuries including brain injuries, mental retardation and cerebral palsy. To reach more about this record setting medical malpractice settlement look at on Point Medical Litigation articles or click here to read an article.