Illinois Medical Malpractice Blog

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.

Ten years ago a report stated medical mistakes kill up to 98,000 Americans yearly. In 2005, Illinois legislators finally decided to do something and passed a measure requiring hospitals to report the deadliest kind. However, the law has yet to be implemented and it still won’t be for at least another year. There are glimmers of progress. This includes recent launch of a related state Web site that tracks hospital infection rates and staff levels, and the imminent start of a search for a vendor to help put the law in place. The proposed medical malpractice law will require hospitals to publicly report so-called “never” mistakes. These medical errors are mostly preventable with potentially life-threatening consequences. One example is the wrong-knee surgery one victim says Chicago-area doctors performed on him last year. There was also the woman who had a forgotten sponge left inside her during a breast tumor surgery. With the law fully in place, hospitals will be required to report major medical errors within 30 days to the state’s public health department. This law needs to be implemented so that hospitals and doctors can learn form the misses and near-misses of others. To see what other changes will be made with the medical malpractice law, please click the link.

Attorneys for the family of woman who froze to death on the roof of a hospital are asking a judge to sanction the state Health Department for refusing to turn over notes written by inspectors who found hospital errors after her death. The notes the family seeks were taken days after her wrongful death and resulted in a critical 22-page inspection report made public in January. The dispute reports stems from a rule change in the U.S. Department of Health and Human Services enacted in late 2008. Attorneys say that the legislative changes deprive them of key evidence once available in wrongful death and negligence suits against hospitals and nursing homes. The rule has become a “substantial problem” across the country for attorneys pursuing claims against nursing homes and other heat facilities. This will make requests for records under the Freedom of Information Act drag out for years. To read more about the hindering legislation, please check out the link.

It has been more than four years since medical malpractice reform was enacted in Illinois, and stakeholders are anxiously awaiting the Supreme Court decision on its constitutionality. Then-Governor Rod Blagojevich had signed the Illinois Medical Malpractice Act of 2005 into law on August 24, 2005. The bill would have automatically become law the next day had the governor not ceremoniously signed it before a large crowd of doctors and lawyers. The law caps non-economic damages, such as pain and suffering, for physicians at $500,000 and hospitals at $1 million. The Illinois Supreme Court is expected to release its opinion in a challenge case that arose from Cook County. The case was Abigaile Lebron v. Gottlieb Memorial Hospital. An a against all odds-legislative victor for medical liability reform advocates set the stage for the historic bill signing in 2005. At the signing, Blagojevich told the overflow crowd that he was personally opposed to medical malpractice caps, but believed it was the right thing to do so that more people could have access to healthcare. Medical malpractice caps do nothing but injure victims of medical negligence. Hopefully, these caps will be found unconstitutional. To learn more about the pending case, please follow the link.

Ten years ago, the landmark study stated that medical mistakes kill up to 98,000 Americans a year. In 2005, the Illinois legislators decided to address this problem and passed a measure requiring hospitals to report the deadliest kind. However, the law has yet to be implemented into the Illinois legal system. State budget woes and foot-dragging by special interests are among the reasons cited for the long delay. Currently, there is hope that the legislation will pass. There was a recent launch of a related website that tracks hospital infection rates and staff levels. The law will require hospitals to publicly report so-called “never” mistakes. These are mostly preventable errors with potentially life-threatening consequences. When the medical error legislation is fully in place, hospitals will be required to report major medical errors within 30 days to the state’s public health department. One of the most common major errors is leaving surgical sponges inside patients. It is unlikely that the medical malpractice legislation won’t take effect until 2011. If you would like to learn more about the new health care legislation, please click the link.

The Washington State Hospital Association is urging the state to appropriate money for a consultant who would analyze medical error reports and recommend solutions to help facilities avoid death and injures. Hospitals which are required to report medical errors feel that they aren’t getting enough in return when the state collects their report. They feel as if the state does nothing but store the report and move on. They are frustrated by the lack of analysis or warnings that could ultimately prevent medical error and save lives. The Washington Legislature had passed a law in 2006 requiring hospitals to report medical errors and mandating the state Health Department to analyze the reports. However, the money the legislature set aside for this program would have barely made a down payment on the estimated cost of $3.8 million a year. Since there is no consultant, no medical errors are being made to the Legislature. Also, there are problems with hospitals disobeying the law and failing to report medical errors. This program could be a huge step for reducing medical errors. Illinois should greatly consider such a program to reduce the number of medical malpractice cases this state sees every year. To read more about the medical malpractice legislation, please click the link.

A state government recently passed legislation authorizing the state to release records of hospital medical errors. The legislation focuses on preventable errors such as operating on the wrong side of one’s body, leaving a sponge in the body after surgery, or operating on the wrong person all together. They want these specific instances recorded with the number of times it happens at the hospital to be released to the general public. The intent for this legislation is to hold hospitals accountable in hopes they will improve their healthcare and also to allow patients to make informed decisions on the hospital they choose.

Read more about the medical legislation here.

As President Obama prepares to meet with the American Medical Association today in Chicago, a New York Times article reports that President Obama has been in talks to possibly support the reduction of medical malpractice lawsuits. While health care professionals support this change, personal injury attorneys argue that this change will negatively affect those injured or killed in incidents of medical negligence. Many see this move as a way to draw Republican support of his larger push for health care reform. To read the entire article on possible medical malpractice reform, follow the link.

The American Association for Justice is urging people to contact their representatives to speak out against the inclusion of medical malpractice tort reform in future health care reform bills. Congress is currently preparing to make great changes to the current health care system and there is a possibility that tort reform may be included in these changes. Medical malpractice tort reform would take away patients rights to receive fair compensation for the negligence of health care providers. Therefore, it is important to let your voice be heard. Stand up against the inclusion of medical malpractice tort reform in any new health care reform legislation. To locate your representatives, click here. People Over Profits has prepared a sample email that you may send directly to your representatives in Congress.

A military officer’s skin cancer was overlooked and later misdiagnosed as a wart by two different military doctors. When seeking out a third opinion after his tour was over, he learned he had stage three skin cancer and died 18 months later. The medical misdiagnosis led to legislation introduced in the House. The legislation allows military personnel to sue the government for medical malpractice.

Read more about the medical malpractice legislation here.

Pharmacists are given equal notoriety under a state medical malpractice reform bill. A massive medical malpractice reform was passed a few years back in this state with pharmacists overlooked. The bill also includes a felony for practicing medicine without a license. Such instances of unlicensed practice that would spark this bill would be when a doctor caused serious bodily harm or even death.

Read more about the medical malpractice reform bill here.

Key players from Congress and the Obama Administration are once again bringing medical malpractice reform to the table. An AP article discusses that these changes could benefit doctors and hospitals but they would also harm a plaintiff’s ability to seek just compensation when they are involved in a medical malpractice case. Trial lawyers argue that medical malpractice lawsuits are not to blame for rising health care costs and only account for a very small portion of costs.

To read the full article about medical malpractice reform, visit 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.

Doctor-owned hospitals have been criticized for driving up costs in ordering more tests or performing unnecessary surgeries. The proposed legislation will prohibit unethical kickbacks that physicians receive from ownership hospitals. One representative stated that most doctor-owned hospitals are of questionable safety and quality.

For the full article.

A 2005 medical reform law is facing major controversy between its supporters (doctors, hospitals, and members of the insurance industry) and those lawmakers calling the reform a failure. The law requires a three-member screening panel before a medical malpractice issue can be taken to trial. The panel was intended to reduce medical malpractice insurance. People against this law find it unfair injured patients may not have an opportunity for their case to be heard. These pre-trial panels are also very costly and place a large burden on the patients. Many say this unfairly favors doctors. If you find yourself faced with a medical malpractice issue, you may want to contact an attorney.

For the full story, click here.

Two year old Emily Jerry died from a pharmacy medication error. She was given a fatal dosage of chemotherapy. Prior to her death, the little girl suffered a coma from the large overdose of medication. Emily’s Law was created to regulate pharmacy technicians like the one who overdosed Emily. The law requires pharmacy technicians to be at least 18, registered with the State board of Pharmacy, and pass a Board-approved competency exam.

For the full story, click here.

The death of an Iraq war veteran whose skin cancer was misdiagnosed by military doctors has raised questions about a long-standing Supreme Court rule that bars soldiers from suing the federal government for medical malpractice. A Marine Sergeant died after doctors mistakenly treated his deadly melanoma as a wart. The family cannot file a medical malpractice suit because the man was on active duty and military hospitals and personnel are immune from malpractice claims because of what is known as the Feres Doctrine. The doctrine is named after the 1950 ruling that the wife of a man who died in a barracks fire had no right to sue the government for negligence. The Feres Doctrine even allows for institutional abuse. Proponents of the Doctrine say it protects officers from being threatened by lawsuits from lower-ranking personnel and it keeps doctors in the military. However, some Supreme Court justices believe that the case was wrongly decided and needs universal criticism. For unfortunate soldiers who have suffered from the Doctrine, it must come soon. To read the full story, click here.

Illinois’ Supreme Court is examining the constitutionality of caps lawmakers placed on lawsuit awards. State legislators passed a law that capped non-economic damages, such as pain and suffering, in medical malpractice suits to $500,000 for doctors and $1 million for hospitals in 2005. The three-year-old law does not limit actual damages which include medical expenses and lost wages. Last year, Cook County Circuit Court Judge Joan Larsen ruled in the case of LeBron v. Gottlieb Memorial Hospital that the caps are unconstitutional. Six of the seven state Illinois Supreme Court judges heard the case that centers on a 3-year-old girl who is severely disabled. The attorney for her parents said the girl’s medical problems, which include cerebral palsy, were the result of medical mistakes during her mother’s pregnancy. To read the full story, click here.

Lawyers argued that a 2005 law limiting the amount of money juries may award in medical malpractice cases unfairly targets those most seriously injured who deserve the most compensation in the Illinois Supreme Court. Proponents of the law asked the court not to limit what they called lawmakers’ attempt to stem a health care crisis. The current law restricts awards on non-economic damages such as pain and suffering to $500,000 against doctors and $1 million against hospitals. It was aimed at lowering medical insurance rates blamed for driving physicians out of the state. A trial court last year ruled that the law violates the Constitution’s separation of powers clause by allowing the General Assembly to restrict deliberations by judges and juries. The law not only limits damages, it gives state regulators more power to review and change malpractice insurance rates and tougher oversight to doctors to punish mistakes. Law professor stated that laws cannot differentiate between levels of injury, which Illinois’ does. He argues that the law must be nullified because caps affect severely injured patients. To read the full story, click here.

A man has been told by lawyers that it’s economically unfeasible to litigate his complicated case because of a state’s medical malpractice reforms. The man is almost blind in any eye after a botched retina reattachment operation in August 2007. Additionally he has trouble with depth perception and peripheral vision. He cannot walk around an office or a restaurant without bumping into something. However, with the new medical malpractice law, he can’t even get a lawyer to go after who’s responsible for the sight loss. The resident claims that there is no protection for the consumer. The legislation caps damages for pain and suffering in all medical malpractice cases at $350,000. This sum may not take into consideration the pain and suffering to grieving parents or to an individual whose quality of life has changed. While doctors praise the legislation, it is those who suffer that are most affected. Lawyers are unwilling to take medical malpractice for fear that it is not economically feasible. They are currently looking for a case that will allow the legislation to be deemed unconstitutional. To read the full story, click here.