Illinois Medical Malpractice Blog

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.

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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.

A study published last week in the British Medical Journal finds that half of US doctors prescribe placebos to their patients, instead of drugs necessary for their treatment. These placebos, the survey explains, are sometimes vitamins or drugs that will not help the patients’ conditions. Moreover, the survey finds that many of the physicians are engaging in these practices without the knowledge of their patients, contravening American Medical Association recommendations, which advocate that patients be given full knowledge of treatments that they are given, and potentially constituting medical malpractice.

Patients have the right to determine what they want they want done to their bodies. Before administering treatment or performing a medical procedure, a physician is required to provide his or her patient with adequate information about the treatment or procedure and the risks and benefits associated with it in order for the patient to give his or her informed consent. Failing to provide this information results in a lack of informed consent. If this failure causes the patient to suffer a personal injury or death, the doctor can be found liable for medical malpractice.

For the full story, click here.

A class action lawsuit has been launched for personal injuries and wrongful deaths sustained by many families against the makers of Tylenol 3, a product which contains codeine. Mothers who are breast feeding their children and taking the drug codeine may be at a previously unknown risk for placing their infants at harm. The product liability lawsuit claims that the pharmaceutical drug can cause personal injuries to infants including infant deaths because when taken by some woman the drug is naturally converted from codeine to morphine that is passed along to their infant via breast milk. Many doctors who recommend the drug after hearing these risks may be liable to their patients for medical malpractice. To read the full story click here.

Pfizer and Boehringer-Ingelheim have been called before a federal court following a class action lawsuit for the negligent manufacture and distribution of Mirapex, a drug recently given to patients suffering from Parkinson’s disease and Restless Leg Syndrome. The lawsuit arose after two studies, one in 2003 by the Muhammad Ali Parkinson Research Center at Barrow Neurological Institute in Arizona and the second by the Mayo Clinic in 2005, found that patients treated with Mirapex developed compulsive behavior, including compulsive gambling and sexual behavior.

The lawsuit alleges that Pfizer and Boehringer-Ingelheim may have been aware of these side effects before releasing the drug but failed to list them in their report to the FDA. However, following the release of the studies, Pfizer and Boehringer began listing compulsive behaviors among possible side effects. The case has been designated for multidistrict litigation, meaning that all cases against Pfizer and Boehringer related to Mirapex will be brought before the Federal District Court in the Northern District of Minnesota. That court will be in charge of general discovery and preliminary matters related to Mirapex litigation. Cases that are filed in state court or another district will be transferred to the Northern District of Minnesota either through a motion by counsel or by the court’s own volition.

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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.

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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.

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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.

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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.

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Two state medical insurers are implementing plans to create physician ranking systems that would reduce patient co-payments for visits to higher rated doctors, despite opposition from a state medical group. The medical group filed a lawsuit stating that the tiered system is unfair to physicians who arbitrarily receive low scores while providing a high level of care. The group also argues that higher costs for visiting lower rated physicians are intended to defraud patients. Worse yet, no system exists for evaluating the effectiveness of physician ranking systems. The measures appear to be largely for the benefit of insurers, not patients, and will likely have no impact on medical malpractice or the quality of care provided.

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In some states, the number of medical malpractice lawsuits is on the decline by about 5% due to new policies regarding filing medical malpractice lawsuits. Though not required in Illinois, some states mandate independent medical review of a malpractice claim before the plaintiff can file. This decrease in medical malpractice lawsuits shows that “tort reform” is unnecessary. Tort reform can be very dangerous because it limits citizens’ access to justice and prevents an injured patient from recovering fully against their doctor for the doctor’s medical malpractice.

For the full story, click here.

CNN recently highlighted the danger that addicted doctors are still treating patients. One patient says she had to forgo cancer treatment because of a botched surgery by a doctor who was in treatment for alcoholism and had been convicted for driving under the influence of alcohol. She had to forgo cancer treatment while battling complications from the medical malpractice. Now she is dying of cancer. She sued the doctor in a medical malpractice lawsuit. While he did not admit fault, he settled with her for $250,000.

A study by the Federation of State Physician Health Programs found about one percent of all physicians practicing in the U.S. are in confidential treatment. That’s about 8,000 doctors whose patients may have no idea that they are addicts. This brings us back to the importance of researching your doctor!

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