Illinois Medical Malpractice Blog

The Third District Appellate Court in Illinois ruled that a wronged woman could recover from a negligent physician even though she had previously been awarded damages in a suit against the hospital. The woman’s claim for intentional infliction of emotional distress against the physician was validated by the court, especially given the extreme negligence displayed by the physician. The woman’s infant son died during child birth after a premature delivery. Her physician was not present at the hospital at the time of the delivery and do no other doctor was present to assist in the delivery. As a result, the woman sat with her baby in a partially-delivered position for over one hour until her physician arrived and completed delivering the baby, who was deceased by this time. A jury awarded the woman damages based on negligence and intentional infliction of emotional distress.

For the full decision, click here:

Vanessa Jenkins gave birth to her son, Cody Smithey, in 2001 at Valley West Community Hospital. Jenkins, who is from Aurora, Illinois, was allegedly having an uneventful labor until Dr. Martin Brauwelier repeatedly used a vacuum extractor device, using it 18 times within 50 minutes, unsuccessfully. At that point an emergency Caesarean section was performed by a different doctor because the baby’s fetal heart rate displayed signs of distress, at least that is what Jenkins’ lawsuit alleged. After Cody suffered brain damage and ended up with cerebral palsy and mental retardation, Jenkins filed suit claiming his birth injuries resulted from medical negligence. The medical malpractice suit, filed six years ago against the Illinois hospital, its staff, and the doctor, settled Tuesday for $15.35 million.

Read more here.

An Aurora woman has announced her $15.5 million dollar settlement in a birth injury medical malpractice lawsuit. Her son sustained a brain injury at birth when she went to Valley West Community Hospital to deliver her son. This is the largest medical malpractice settlement in DeKalb county ever announced.

See the news story here.

One of the greatest organizational problems facing hospitals today is the battle over medical records. Many patients find that it can take months or years to get a hold of their own medical records after treatment. Even worse, some families of victims of medical malpractice or wrongful death have waited for years to obtain their loved one’s medical records from hospitals. Often, lost or missing records are simply part of hospital error and not a deliberate attempt to delay, but on some occasions hospitals may frustrate a patient’s records request purposefully. Patients and victims’ families must be aware that statutes of limitation often require that medical malpractice lawsuits be filed within a certain period of time after the injury occurs or is discovered. This means that patients and victims’ families must decide to file a medical malpractice lawsuit and contact their medical malpractice attorney as soon as possible and begin the medical records request process.

Read more here.

A new study published in the journal Pediatrics shows that about 1 in 15 children are harmed each year by medication dosing errors at hospitals. The study revealed that children are harmed by dosing errors and incorrect medication substantially more often than previously thought. The study also revealed that some of these dosing errors and patient injuries could be prevented easily.

Medication dosing errors in children are the central issue in popular actor Dennis Quaid’s lawsuit in Chicago against Deerfield, Illinois-based Baxter Healthcare. Quaid is suing Baxter, a large pharmaceutical manufacturer, after Quaid’s baby twins received a Heparin overdose. The medical malpractice lawsuit is pending before Judge Quinn in the Circuit Court of Cook County.

The full text of the Pediatrics study is available here.

A jury recently awarded a woman and her son $19 million as a result of a birth injury medical malpractice lawsuit against her obstetrician. The son was born with celebral palsy and cortical blindness. After verdict, the mother said “No amount of money will make up for what happened to my son.”

For the full article.

In 1990, a doctor delivered a baby with a permanently disabled arm. The parents filed a medical malpractice lawsuit against the doctor and hospital. The medical malpractice lawsuit alleged that the hospital negligently gave staff privileges to a doctor who had been sued repeatedly and lacked proper malpractice insurance. Just last Wednesday, the Massachusetts Board of Registration in Medicine temporarily suspended this doctor’s license.

This temporary suspension finally occurs after many incidents of medical malpractice and still is only temporary. Doctors must be held accountable in a more timely fashion before more people fall victim to medical malpractice.

For the full article.

A $22 million verdict was recently awarded in a Cook County, Illinois medical malpractice lawsuit. The jury ruled that the hospital was negligent during the birth of a 34-year-old woman's son in that staff did not properly treat difficulties with the woman's blood pressure. The woman went to an Evanston hospital two weeks before her scheduled date of delivery due to complaints of severe headache and abdominal discomfort. Medical staff soon noticed that the woman had unusually high blood pressure. Tests eventually showed that she had HELLP syndrome, meaning that she had a low platelet count and elevated liver enzymes, or hemolytic anemia. Attorneys alleged that she was not treated properly for this problem, by being given the wrong amounts of medication at the wrong times. Her son was successfully delivered by cesarean section, but the woman's blood pressure rose and she suffered a major brain hemorrhage, dying four days later. The jury found that hospital staff was negligent and that she was irreplaceable to her son and husband, ultimately awarding the multi-million dollar verdict.

Click here for the full article

In a recent medical malpractice lawsuit, a birth injury that was allegedly caused by a nurse-doctor communication breakdown yielded a $1.2 million settlement. Nurses were concerned that the birth was taking too long, but were hesitant to consult the doctor about these fears due to his reputation of angry responses to perceived criticism. The infant developed cerebral palsy.

Physicians too commonly react harshly to instances where they feel bothered by the nursing staff, such as late-night clarification requests, difficulties with procedures, changes in patient condition and more. The negative consequences of verbal abuse or disruption in hospitals are significant; reduced communication, team collaboration, information transfer and concentration are all reported as responses to disruptive behavior. Patient safety is compromised in many ways by these reported breakdowns. Medical errors increase in disruptive or abusive situations and the quality of care decreases. Patient mortality increases with these outbursts. Medication errors have also been caused by verbally abusive hospital staff relations.

Click here for the full article

Continue reading "Hospital conduct leads to reduced patient safety and medical malpractice lawsuits" »

A $14 million medical malpractice verdict in favor of a boy who was brain damaged during birth has been tossed by a New York appellate court based on the defense's allegations that the jury was unfairly influenced by both the plaintiffs and the judge. The defense claimed that the judge clearly favored the plaintiffs and that she also acted inappropriately when she gave gifts to the brain damaged boy and the jurors during the holidays. The jury's verdict was announced at a much smaller figure but after the trial two jurors told the plaintiff's attorney that they had intended that amount to be annual. After hearing the plaintiff's side, the judge amended the award to $14 million. This settlement was thrown out and a new trial will be held because during the time after the initial verdict, the plaintiffs' attorney communicated with jurors outside of the courtroom. The attorney's actions could be considered professional malpractice.

A multimillion-dollar medical malpractice lawsuit judgment has been awarded against an obstetrician found negligent in not treating a newborn for herpes. In a 150-page written decision released last week, a Justice stated that the obstetrician was negligent in not suspecting the then 17 year-old mother had herpes and not referring her newborn child to an infectious disease specialist or neonatologist. Because of the doctor’s negligence, the now 14 year-old child has been left profoundly mentally delayed and is functioning at the level of a year-old child.

For the full article.

A Chicago medical malpractice lawsuit was filed today by John J. Perconti of Chicago medical malpractice law firm Levin & Perconti against St. Anthony Hospital and an emergency room physician. The lawsuit alleges that the hospital and doctor failed to diagnose meningitis in a 14-year old baby girl which caused her death.

The baby was evaluated and treated in the emergency room at St. Anthony on March 14, 2006. A blood culture test was ordered and Motrin, Tylenol, and IV fluids were prescribed. The child was sent home with her mother. At 7:00 p.m. that evening, the emergency room nurse was notified by the laboratory that Anna’s blood culture (test) showed the presence of gram positive cocci (multiple forms of bacteria).

Attorney John Perconti explained the medical error: “When the emergency room nurse and doctor learned the abnormal results of the blood culture they should have notified Elizabeth Nunez immediately and advised her to bring Anna back to the ER for further evaluation, hospitalization and antibiotic therapy. Instead, Dr. Lachica called Elizabeth at home to check on Anna’s condition and advised her to see her own pediatrician in the morning. St. Anthony’s nd Dr. Lachica failed to inform Elizabeth that Anna had tested positive for gram positive cocci, a life-threatening bacteria. They also failed to notify Anna’s pediatrician about this abnormal result. With this type of infection, you must err on the side of caution or face the risk of losing a life.”

Click here for the press release

A jury recently awarded $8 million to a 5-year-old and his mother in a medical malpractice case against a midwife and a Medical Center. The personal injury lawsuit proved that the midwife and nurse committed medical malpractice when they failed to order a C-section when the baby experienced fetal distress. As a result, the baby was deprived of oxygen during birth, which led to cerebral palsy. The jury award will go to pay for the constant care that the boy will need for his entire life.

Click here for the full article

A family whose son was severely brain-damaged during a botched delivery at a teaching hospital recently received a $26.5 million jury verdict in their favor from a medical malpractice lawsuit. The son will never walk or talk due to the medical malpractice during his delivery. The son, now 10 years old, has cerebral palsy and requires round-the-clock care.

For the full article.

In an Illinois medical malpractice lawsuit, a DuPage County jury recently awarded $12 million to a Warrenville, Illinois couple whose 7 year-old son became disabled at birth. The 7 year-old cannot speak and has no control over his limbs due to a medical malpractice birth injury. During the delivery, there was a forty-five minute delay during the unplanned C-section while waiting for an operating room. During that time, the son was deprived of an adequate amount of oxygen. He is now a first grader and has normal intelligence. The money will be used for his continued medical care.

Click here for the full article.

A jury verdict of $1.03 million awarded to a 10-year old girl in a birth injury lawsuit in 2006 was upheld last week by the Illinois First District Appellate Court. Attorney Jeffrey E. Martin of Chicago-based injury law firm Levin & Perconti, was able to give his 10-year old client good news: she will receive the medical care she needs to regain function in her right arm and shoulder.

In July 2006, a Cook County jury found that the defendant obstetrician failed to use appropriate maneuvers in delivering the child, permanently damaging the nerves in her right brachial plexus, and finding for the Illinois plaintiff in the medical malpractice lawsuit.

On appeal, the defendants argued that the trail court improperly barred the testimony of a defense expert. The Illinois appellate court disagreed, finding that the defense expert’s methodology, using a computer-based mathematical model to evaluate the delivery, did not meet the requirements of Frye v. United States, the standard required of testifying experts. The Illinois court further held that the expert’s testimony was cumulative, or the same as, another expert testifying for the defense. Thus, the Illinois appellate court decided, the trial court’s barring of the defense expert was not a ground for reversal.

Click here for the press release
Click here for the opinion of the Appellate Court of Illinois First Judicial District

The mother of the son who suffered serious brain damage after child birth spoke recently after a jury awarded her family $13.5 million in a birth injury medical malpractice lawsuit. The mother had done some research and found out the treatment for cerebral palsy for her son is expensive. If the family receives the $13.5 million that the jury awarded, they will be able to afford the treatment. The medical center is appealing and it will probably be another two years before the family receives any money. The mother thanked the jury and said “They changed my son’s life for the best, and I will never forget them for it – never.”

For the full article.