Illinois Medical Malpractice Blog

Malpractice is a potent problem because so many of the victims never become fully aware that they have been wronged. Patients so often depend completely on the decisions made and explained by their medical professionals. It is difficult to question things about complex medical care.

In the same way, it is difficult for victims to understand the billing details of that care. Illegal over-billing occurs with more frequency than many patients are aware. Unfortunately, they often never discover the problem. However, according to St. Louis Today, one victim is stepping up and filing a class action lawsuit on behalf of many victims of medical overbilling in his area.

The lawsuit claims that thousands of patients were overbilled for their care. The malpractice suit claims that the prices for “out of network” care is exorbitant an unfair because drastically different amounts are charged to patients depending solely on who is paying for the service. The same care provided by the same doctors to virtually the same patients often cost staggeringly different amounts.

This problem is compounded when “out of network” care decisions are not even made by the patient. For example anesthesiologists, certain types of equipment, and laboratory work are chosen by the care provider themselves. Those decisions (and cost) are often deemed outside of the “network,” triggering the unfair billing of patients without the patient playing any role in deciding their use.

Continue reading "Class Action Lawsuit Challenges Medical Billing Practices" »

We recently published several stories that highlight the steps taken by the Illinois medical lobby to prevent common-sense action to that protect patient rights and improves healthcare. As reported in the Chicago Tribune, the fight has continued this lame-duck session of the Illinois General Assembly as similar legislation is again on the docket. It is yet unclear whether the new bill will make it through the process to become law.

This time the issue involves patient right to records concerning their doctors previous quality of care. The Patients’ Right to Know Act was passed by the House last week and will be sent to the Senate to obtain its support. If passed the law would allow patients to be made aware of certain acts by their physician, including firings, criminal convictions, and acts of malpractice.

The profiles that would be required under the bill were previously available to the public as part of legislation attached to medical malpractice caps. However, when the Illinois Supreme Court ruled those caps unconstitutional, the doctors ensured that access to the profiles were taken away from patients. When available the online profiles attracted more than 130,000 clicks per week.

As usual, the Illinois State Medical Society is using its influence to defeat the bill. That organization has successfully killed similar efforts in previous years.

Continue reading "Illinois Law Seeks to Make Doctor Histories Available" »

Chicago Breaking News reported last week on a secret monitoring program for potentially abusive doctors that remains hidden from the public.

Several years ago the state’s doctor’s lobby pushed for the creation of the Illinois Professionals Health Program—a project that provides private treatment for health care professionals with sexual misconduct problems. Some of the doctors involved were criminally convicted for their conduct.

The group has been criticized from its inception.

No one questions the importance of proper treatment for all citizens who have shown problematic conduct, including those who commit sexual crimes. However, besides treatment it is also imperative that there be disciplinary action and information sharing with the public. It is vital that all those seeking medical care have reasonable information about the risks of visiting a potential doctor.

That is where the health program is problematic.

The treatment program is shrouded in secrecy. The private program is almost entirely walled-off from the public. That means that abusive doctors are allowed to use the program as a way to hide their problems from the public and treat patients following their misconduct without any repercussions at all. For example, one Illinois doctor from a Chicago suburb entered the program after he was convicted of sexual abuse and battery of a patient. By entering the program, the doctor avoided all public discipline because of the private monitoring. He now continues to practice. In many ways the program acts as a get-out-of –jail free card.

Continue reading "Doctor Sexual Misconduct Needs To Be Explained to Illinois Patients" »

A new toxicology audit out of Indiana suggests some troubling results that could have implications for criminal investigations into medical errors.

The Chicago Tribune posted a story yesterday on the issue which developed following work by the Indiana Department of Toxicology. Outside scientists examined 26 cases of toxicology work by the department, the group uncovered repeated examples of deficient lab standards and chain-of-custody gaps. The scientists will eventually review up to 10,000 cases to determine the scope of the problem and its forms. However, the results in just the first 26 cases reveal an ingrained problem of improper testing processes.

Toxicology tests are used in a wide-range of cases, including all criminal matters where illegal substances use is at issue. The results are also used in many civil cases, where the substance use of involved individuals is a key part of the negligence in a case. It goes without saying that all judicial systems depends on reliable lab results.

The average individual does not have any expertise in these issues or access to the details of the testing results. Consequently, the determination of the department that handles these matters is taken as true almost without question. The negligent operation at the department is therefore extremely troubling, because it paves the way for extreme injustice.

Continue reading "Repeated Errors Found in Indiana Toxicology Tests" »

On this blog we have followed the progress of electronic medical records closely. Many studies have identified the improved care that comes with these records. Similarly, electronic medical orders have been found to provide more consistent care with less error and fewer misunderstandings that occur with paper orders.

Over 90% of healthcare providers still do not use electronic records, but that number will most assuredly change quickly as providers start capturing federal funds which seek to encourage more use of the technology.

Next Gov News recently explored another facet of electronic record-keeping that will influence all those who follow malpractice lawsuits. The report explains that malpractice insurers are worried that access to these records may make it easier for patients to get a better understanding of the care provided to them, and, when that care was deficient, to seek legal redress for their injuries.

Insurers are concerned that the electronic medical records will mean that patients will have more information about their own care—both the good parts and the bad parts. When medical providers fail to follow standard treatment protocols, the patient will better be able to learn that their care may have been compromised.

Continue reading "Electronic Records May Have Effect on Malpractice Lawsuits" »

The New York Times recently explored an issue that hasn’t received much consideration: radiation exposure caused by dental exams. It is well established that children are more vulnerable to radiation than adults. For that reason almost all hospitals and medical clinics do everything in their power to limit child radiation exposure to bare minimum levels.

Unfortunately that push has not led to many changes at dentist offices across the country. Instead most dentists still use out-dated x-ray film that exposes young patients to high doses of radiation. What’s worse it that specialists and orthodontists are now using a new scanning device that actually emits even more radiation than the old x-ray models.

This con-beam CT scanner provides great 3D images, but a New York Times investigation questions many of the claims made about the new scanners. Specifically, reports on the new imaging technology compare it to airport scanners but fail to note that it actually produces hundreds of times more radiation than those airport devices.

The lack of honest evaluation of the radiation issue means that the side-effects may mount quickly with continued indiscriminate use of the scanners. In other words, dental experts are putting young patients at risk by using a device that they don’t fully understand. Routine use of these scanners may cause much more harm than good.

One doctor explains the situation, “So let me ask a question to the mother of a prospective orthodontic patient. Would you like me to use a tool that is entirely safe—a camera—to record the position of your child’s teeth, or another method that may rarely cause cancer?”

Continue reading "Children Exposed To High Levels of Radiation At Dentist’s Office " »

A succinct answer to questions about the cause of the majority of preventable medical errors might look something like this: profits over patients.

The Las Vegas Sun has conducted published stories on its on-going investigative series looking specifically into the depth of medical mistakes and the reasons that they continue to strike by the hundreds of thousands across the country. Perhaps the most dominant theme in the analysis is the corporate push for profits that all too often trumps the needs of the patient. It is in that atmosphere that risky shortcuts are taken (even encouraged) leading to the errors.

As the investigation uncovered, problems often present themselves most vividly when medical care is offered as a product of market forces. In that way, care is dictated by entrepreneurship, competition, and the maximization of the bottom line. The paper explains that this does not create a “hospital system” but instead an “industry.”

Like any other industry, for-profit hospitals chains are responsible first and foremost to their shareholders. The shareholders are investors specifically interested in watching their money grow. It is no surprise then that many hospitals have watched as profit margins have topped 25% at different high-water marks.

One of many problems associated with for-profit hospitals are the inadequate staffing levels. In many cases, a single nursing assistant is charged with caring for 26 patients at any one time—an unreasonable burden that leads to sacrificing individual care. Many problems, like bedsores, are almost exclusively related to inadequate attention paid by medical staff to individual patients.

Continue reading "Profits Over Patients At Root of Many Preventable Medical Errors" »

The Chicago Tribune ran a story yesterday on a tragic problem plaguing many of the city’s most prominent mental health facilities. The newspaper has identified 18 cases of reported rape and sexual assault at these facilities in the last two years alone, and this is after state officials had vowed to curb the problem.

This story should serve as a reminder of the various ways in which patients remain vulnerable when seeking medical care. The victims were all under 18 years old (the youngest was 7) and each was a ward of the state. What makes the situation more tragic is that all but four had suffered horrific abuse in their past. It is heartbreaking to consider that their trauma has continued even after intervention of state officials who were suppose to protect them.

Inefficient oversight from the Illinois Department of Child and Family Services is part of the problem. Other factors include weak laws that provide little protection to the vulnerable patients as well as inadequate funding to properly investigate reported instances of abusive conduct.

Not one of the alleged perpetrators of the abuse has been arrested or prosecuted, nor have any disciplinary actions been taken against the facilities which allowed the conduct. Amazingly, in some of the cases of molestation, the sexual actions were labeled “consensual” even though some of the victims were as young as 12 years old.

As one public guardian remarked, “The fact that they are even able to have what some term as ‘consensual sex’ is just abhorrent, because it says the systems failed to keep kids safe and make them better.”

Our Chicago medical malpractice lawyers at Levin & Perconti remain disgusted by any abuse that occurs at hospitals where patients—both young and old—seek care for their ailments. More must be done to protect these innocent victims and ensure that future medical abuse is eliminated.

Please Click Here to learn more about the problem of sexual abuse in Chicago hospitals.

The Minneapolis-St. Paul Star Tribune recently published an article that discusses a shocking new survey of acute care nurses. The survey was published as part of “Pulse Report 2010 – Employee and Nurse Perspective on American Health Care.”

The results of the report reveal that even nurses believe that problems and medical errors are prevalent at the hospitals where they work. An inner turmoil between employees at many hospitals is rampant, say many nurses. This turmoil ultimately affects the care provided to residents.

The large survey involved more than 230,000 hospital employees. The results indicate that virtually half of nurses are unhappy at their jobs, feeling disempowered and disengaged. These feelings affect patient care for the worse. Because of this, many nurses report that they would not recommend their hospital as a care center.

The survey reveals was general hospital reporting does not: big and small errors occur at hospitals every day. The mistakes include medication errors, missed dressing changes, pressure sores, allergic reactions, among many others.

Most hospital administrators are oblivious or ignore the problem.

As the article mentions, too much attention is paid by high level administrators to “risk management” in an effort to cut financial corners. Instead of doing everything possible to provide the best care possible, hospitals “maximize profits by calculating the financial risk of allowing "little" things to occur, like an excruciatingly painful stage three pressure ulcer (vs. a reportable stage four). It is a system that operates on the backs of nurses' professional ethics, valuing profit over care, seriously challenging every nurse's core value of caring for patients in a safe environment.”

Our Chicago medical malpractice attorneys at Levin & Perconti remain committed to protecting the rights of those victimized by medical error. Please contact our offices if you or someone you know suffered at the hands of inadequate medical care.

According to a recent report by ABC News, researchers at the University of California at San Diego have found that the rate of medication errors increase in July at teaching hospitals throughout the country. This spike coincides with the arrival of new medical residents who are just beginning their clinical training. The “July Effect” has always been talked about, but the new study links a 10 % increase in medication errors with these changes in personnel.

An experienced physician cited in the article was not surprised by the study’s findings. He attributes these often-fatal medical malpractice mistakes to the fact that residents are inexperienced in caring for patients and are in the process of trying to learn a new system and new set of procedures. Many medical residents are adjusting to longer shifts and face sleep-deprivation. A Boston Globe article from October 2009 linked less sleep to more complications and noted that the rate of complications when a doctor had less than six hours of sleep was 2.8% higher than when a doctor had more than 6 hours of sleep before a procedure. A Mayo Clinic study in the September 23, 2009 Journal of the American Medical Association mirrored these results, noting that residents who were sleep-deprived were more likely to perform a medical error.

In order to avoid the “July Effect” hospitals and residency program directors must raise awareness surrounding the issues of medical and medication errors and work with residents to prevent them from happening. Program directors should stress the importance of having new residents ask senior residents or attendings for help if there is an issue they are unsure of. Programs should also work with new residents to help them manage their sleep and new workload. The ABC article also notes the implementation of new software that checks for prescription errors may help to quell the July Effect in teaching hospitals.

To read more about the new study on medication errors follow the link.

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 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.

Although a study conducted 10 years ago stated that a mandatory nationwide reporting system for medical errors was imperative, one still does not exist today. The AMA and the American Hospital Association vehemently opposed an attempt by President Clinton to create a mandatory reporting system for serious errors. The groups launched a multimillion-dollar advertising campaign that said mandatory reporting would drive medical errors underground. If medical errors and infections were better tracked, they would top the list of accidental deaths. The recent study by Hearst Newspapers state that approximately 99,000 patients a year die as a result medical error. To read more about the mandatory reporting system, please click the links.

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.

Doctors are asking for a bill that would lower their medical malpractice insurance in Hawaii in order to provide incentives for physicians to stay within the state. This would hurt patients seeking damages under medical malpractice claims because the bill would “limit compensation for non-economic damages like pain and suffering.” The bill comes from patients who fear they have a shortage of doctors in their state. In contrast, medical malpractice attorneys claim there has been an increase of doctors within the state in recent years, not decrease.

For the full story, click here.

One doctor believes if patients are treated at home it will reduce the cost of Medicare and medical outcomes will improve. The article provides a solution for healthcare reform. The doctor noticed through his years working with the elderly that his patients were aware of hospital dangers. He discusses false diagnoses by doctors attending to patients they do not regularly see. The doctor is adamant house calls will reduce mishaps that commonly occur due to hospital error.

For the full story, click here.

Quest Diagnostics, the largest medical laboratory company in the U.S., has acknowledged that it has provided possibly erroneous lab results to thousands of people prompting what some consider to be the largest patient test recall in the last 20 years. The erroneous results occurred when Quest was testing people’s vitamin D levels. The errors consist primarily of overly-high test results although lower-than-actual levels were also recorded. The erroneously high result may have resulted in patients not receiving vitamin D supplements when they should have. Overly-low test results carry a potentially much more serious consequence; in rare instances, if patients were wrongfully prescribed supplements, the dosing error could lead to a toxic overdose of vitamin D, resulting in serious injury or death. The company issued letters to thousands of doctors, listing the names of patients who may have received the erroneous results and offering free retesting to those individuals. Quest Diagnostic says that they have identified and fixed the problem that lead to these errors.

For the full story, click here.

Doctors will be given incentives to send prescriptions to pharmacies by fax or email instead of paper beginning in January. Medicare will give the doctor a bonus payment for their compliance. The federal government hopes to reduce health costs for Medicare by eliminating paper records.

For the full story, click here.

The first person in the U.S. to receive a facial transplant is now recovering. The patient, a burn injury victim, has expressed high satisfaction with procedure, according to the plastic surgeon. She is expected to spend weeks in the hospital. Ethical issues arise with the facial transplant procedure. Recipients run the risk of deadly complications and must take immune-suppressing drugs for the rest of their lives to prevent organ rejection, raising their odds of cancer and infections.

For the full article.

A recent Newsweek article addressed that 42.8 percent of American women use some sort of complementary or alternative medicine. Women should be wary of these medicines and claims for medical cures. The FDA regulates herbal and dietary supplements as food rather than as drugs, so they do not have to meet the same stringent standards as pharmaceuticals.

For the full article.