Illinois Medical Malpractice Blog

A medical study was released this week which again emphasized the need to improve patient care at hospitals across the county. As reported in Oregon Live, an analysis of self-reporting by the state’s Patient Safety Commission recently identified thirty two patients who died in their hospitals last year alone due to preventable medical errors. These represent thirty two individuals with an extended network of suffering family and friends who all would have been spared extreme heartache and pain if only the hospitals they visited would have given them the basic standard of care they deserved.

A closer look at the medical errors in the report indicates even more troubling news. On nine different occasions a surgeon operated on the wrong body or the wrong patient. Twenty one times doctors performing surgery left physical objects inside the patient after the procedure. These two types of medical errors in particular represent an egregious failing of the medical professional to provide even the most basic components of proper medical care.

Simple safety checks would eliminate these types of mistakes completely. However, the problems persist. For example, the number of surgeries where doctors leave objects in the body has remained steady for nearly the last eight years. The head of the commission that issued the report noted, “There is no indication that it’s [the mistake rate] going down, which is frustrating. Oregon is not unique there. It’s a stubborn problem.”

The records indicate that these numbers of medical mistakes are about equal to the national average based on percentage of patient load. That means that the number of these mistakes increase dramatically in states with bigger populations, like Illinois.

On top of that, the numbers released in this study are likely to be far lower than the true number of preventable medical errors, because the study represents only the mistakes admitting openly by the hospital. A neutral outside analysis of medical mistakes virtually always finds more problems than are self-reported. For example, while hospitals in the state admitted nine hospital borne infections last year, a neutral state commission found seventy five infections. That means that the hospitals themselves reported only one in every eight mistakes.

Decades of experiences in legal battles fighting for patient rights have made clear to our Chicago medical malpractice attorneys at Levin & Perconti that hospitals will refuse to admit their problems or provide a legal remedy to patients that they injure. Because of that, the only way to truly hold hospitals accountable for their medical mistakes is to utilize every legal step available to force negligent professionals to recognize their substandard care.

The Dallas Morning News reported on a problem in many hospitals that pose a real danger to many patients: lax supervision of new doctors.

Many hospitals are considered “teaching hospitals” where residents (doctors-in-training) treat patients under the care of experienced doctors before going out to practice on their own. New research has added more weight to the well-known problem of medical errors caused by these inexperienced medical professionals. In fact, nearly one in four medical residents admitted to treating complications in patients caused by their own errors.

Those complications were not insignificant, with many leading to serious patient harm, including death. Many factors are involved in creating the errors, but inadequate supervision by advising doctors was cited as playing a key role in the medical mistakes. The report indicated that as much as half of complications created by medical residents were caused directly by improper supervision.

In other words, new doctors are sometimes allowed to use innocent patients as testing bodies while experienced doctors fail to properly ensure the patient’s overall safety. This fact is on display most vividly by the reported “July Effect.” Each year, there is a 10% increase in patient death from medication errors in the month of the July. The reason is because July is the month when new residents begin their first rotations.

Obviously everyone understands the need for new doctors to learn the ropes over time in order to develop the skills necessary to provide proper medical care. However, no patient gives up their right to proper medical treatment merely because they seek care at one hospital over another. To balance these interests, it is imperative that new residents be closely and critically monitored by experienced supervisors. In that way, new doctors can be trained effectively without sacrificing the care of any patient.

However, research consistently confirms that the balance is not being met. Our Chicago medical malpractice attorneys at Levin & Perconti have witnessed this problem first-hand. Our lawyers have protected several patients who were harmed in ways that could have been prevented in proper oversight had been provided when new medical residents were making mistakes. Don’t allow yourself to become a similar victim. Contact our offices if your suspect inadequate medical treatment.

Please click here to read more about this troubling medical malpractice situation.

Cleveland.com is reporting a $1.5 million medical malpractice jury verdict awarded to the victim of medical malpractice and his wife in a case against two doctors. The couple has been waiting for more than two years to receive the justice they so rightly deserved in this case. The jury found that the doctors committed medical malpractice when they botched the victim’s bone marrow biopsy. During the procedure, the physician nicked the victim’s nerve and an artery in his hip. This medical error went unnoticed for five days when another surgeon had to remove two softball-sized hematomas from the man’s hip and pelvis. A fellow doctor was called two days after the procedure, but he did not to examine the victim. As a result, the man lost the use of his right leg below his knee. The medical error has also caused him chronic pain. To read more about this medical malpractice case, please click the link.

Trauma is the most common cause of a hematoma. They usually occur after car accidents and head injuries. When a blood vessel is damaged, blood leaks into the surround tissue. This man did not endure a trauma so to say, but the medical error caused the blood vessel damage. There are many complications of hemotoma, including a risk of infection. Doctors must be sure to adequately conduct medical procedures so as to avoid such drastic results. Also, doctors must acknowledge mistakes and act upon them quickly. In this case, if the doctor had examined the patient quickly after the procedure, the man may have the use of his leg. Instead, these problems went unnoticed for another three days. If the medical error was spotted early, less damage would have occurred. If you believe that you have been the victim of a surgical error, please consult a Chicago medical malpractice lawyer.

The Washington Post is reporting that a California children’s hospital has found evidence that their electronic communication system may decrease the number of patient fatalities. The hospital introduced the system in 2007 and since has seen a 20-percent drop in the mortality rate of their patients. This equates to less than 36 fewer deaths over a year and a half. The lead doctor has stated that this is the lowest rate of decreased medical errors in a children’s hospital. A 1999 Institute of Medicine report stated that medical errors were responsible for 98,000 deaths per year in the United States. Since this study, many hospitals have introduced so-called computerized physician order entry to lower the number of preventable medical errors and protect patient safety and well-being.

These systems will allow doctors to relay the prescriptions of the patients to the pharmacists without delay. This also helps with the problem of a pharmacist’s inability to decipher doctors’ scrawl, thereby helping to reduce the likeliness of medication errors While many hospitals have been using this new system, this was the first study that was able to show an actual decrease in medical errors. The hospital is showing that the average mortality rate has dropped more than one death per 100 hospital with the introduction of the electronic medical errors. The Chicago medical malpractice attorneys at Levin & Perconti support any new technologies that can help to prevent or decrease medical error. In addition to helping to reduce the occurrence of medical malpractice, the system may also help to save patients' lives. President Obama has called for a rapid implementation of the electronic system. To read more about the electronic medical system, please click the link.

Many of those opposing President Obama’s health care plan are maintaining that the solution to the health care lies in the inaction of tort reform. Recently, at a health care summit, Representative John Boehner, proclaimed that the costs of malpractice insurance have become the country’s biggest cost driver. Presidents of the American Medical Association have written into newspapers claiming that medical malpractice reform was the “surest and quickest way to slow down the rising cost of health care.”

Yet all of these accusations are false. According to StatesmanJournal.com, the Congressional Budge Office has estimated that malpractice costs account for less than 2 percent of health care spending. They have determined that tort reform would only lower health care costs by 0.5 percent. The Republican leadership is exaggerating the significance that medical malpractice costs have on health care. Also, the frequency of medical malpractice lawsuits has diminished recently. In the mid-1990s there were 15 medical malpractice lawsuits filed to every 100 physicians. In 2008 that number dropped to 8 percent. In the 30 states that have capped medical malpractice damages, there is no empirical evidence that health care costs have decreased. It is obvious that Republicans are overstating their facts.

Most importantly, Republicans are ignoring the many victims of medical negligence who will be unable to be justly compromised if tort reform is imposed. Since tort reform does not equal health care reform, it would be wrong to limit the rights of patients for very little reward. To read more statistics about tort reform, please click the link.

The National Practitioner Data Bank has determined that fewer medical malpractice payments were made on behalf of doctors in 2009 than any year on record. This statistic contradicts the GOP claims that medical malpractice litigation is to blame for rising healthcare costs that the elimination would help save health care. This level of malpractice payments was the lowest since 1999 and the payments were at their lowest since 1992. While healthcare spending rose 83 percent, medical malpractice payments have fallen 8 percent. The figures of medical malpractice payments only equals .14 of 1 percent of the Centers for Medicare and Medicaid Services’ in the overall of U.S. healthcare spending.

Healthcare Finance News claims that this is the fifth consecutive year that the number of medical malpractice payments has fallen and the sixth straight year in which the value of payments have fallen. This contrasts with healthcare costs that have increased every year since 1965. However, an even more alarming comparison comes when you measure the amount of medical malpractice payments to that of deaths from medical err. The Institute of Medicine found that 44,000 to 98,000 die every year due to avoidable errors. The director of Public Citizen’s Congress Watch division, David Arkush, calls the recent attacks on medical malpractice ridiculous. He stated that some members of Congress are continuing to obsess and exaggerate one problem. He hopes that they focus on fixing the real problem of diminishing the large numbers of medical errs. To read more about the medical malpractice report, please click the link.

Last month this blog discussed the large number of people that have become victims to medical negligence at long-term health care facilities. This issue had gained national attention due to the increased presence of long-term care facilities nation-wide. The New York Times has reported that the Senate Finance Committee has opened an investigation into the wrongful deaths and allegations of abuse at long-term care hospitals. The Senate investigation will focus on the Select Medical Corporation. This is a for-profit corporation that runs a total of 89-long-term care hospitals throughout the states.

The Senate committee has the power to launch an investigation because it oversees Medicare funds. They decided to investigate the many stories of poor treatment and patient deaths at the long-term care hospitals. These facilities will treat approximately 200,000 seriously ill patients a year nationwide, yet they rarely have full-time physicians on staff. The facility in question allowed a dying patient’s heart alarm to sound for 77 minutes before any nurses responded. While Select stated that they terminated a clinical involved in the incident, others have subsequently ensued.

Long-term hospitals are unique because they do not treat specific types of patients or offer services unavailable in regular medical centers. They have to transfer a patient back to a hospital if they suffer any medical emergencies. One large long-term care conglomerate is Kindred Healthcare. Kindred operates three long-term hospitals in Illinois, including one in Chicago. If you believe that a loved one has fallen victim to poor patient care at a long-term hospital, please consult a Chicago medical malpractice lawyer. To read more about the Senate investigation, please check out the link.

The Republicans have come up with many ways to damage health care debate. They include letting families and business buy health insurance across state lines which would bring extra problems to the health care industry. However the GOP’s worst idea, and yet the one that might actually be implemented, is limiting a victim’s ability to file a medical malpractice lawsuit. This idea, known as “tort reform,” has gained momentum with both President Obama and other Democrats.

The American Prospect reported that Republicans argue that by capping medical malpractice damages, doctors will practice less defensive medicine thus driving down health insurance costs. Yet if you examine states that do cap non-economic damages, you will see that there has not been a decrease in health care spending. In fact, per-patient health-care spending in the state of Texas has actually increased at a rate that is twice the national average. This happened after Texas decided to cap non-economic damages at $250,000.

Another argument posed by Republicans is that tort reform will decrease the amount of frivolous lawsuits. Yet the key question is whether there are that many frivolous lawsuits to begin with. Last year the CBO determined that 181,000 severe injuries or deaths were caused by medical error. Yet only 17 percent of those victims actually filed a medical malpractice lawsuit. That means that only one out of every six patients who are victims of medical malpractice actually files a lawsuit. Maybe health care reform should focus more on diminishing the number of victims injured by medical malpractice instead of looking to diminish the number of lawsuits. To learn more about tort reform, please click the link.

While we all watch the U.S. Congress debate whether or not medical malpractice law needs to be reformed it is important to know the facts when it comes to the insurance industry. For example, do you know that Illinois’ largest malpractice insurer’s payouts have remained flat for over a decade? This has occurred despite the fact that premiums and profits have skyrocketed. Additionally, medical malpractice insurance rate increases between 2000 and 2005 has resulted in insurance company profits that have broken records and left executives with large compensation packages. This all leads to the ultimate fact that medical malpractice claims are not to blame for the increase in insurance rates. Instead we should all be looking to the business conditions and diminished returns on the insurance companies’ financial investments.

The Illinois Trial Lawyers Association’s White Paper has highlighted all of the myths and facts associated with medical malpractice in Illinois. In reality, court records have shown that medical malpractice lawsuits in Illinois were actually decreasing before the enactment of the damages caps in 2005. Claims, lawsuits and payouts all have been stable or declining. They are not to blame for the increases in doctors’ malpractice insurance rates. Also, claims and lawsuits have not caused an increase in the costs of health care. We need to start focusing on the facts rather than the propaganda. There needs to be true insurance reform that will focus on patient safety. This will be the best and most practical way to decrease insurance costs by reducing medical error.

The American Association for Justice has spoken out about the constant struggle for health care reform. Currently the House of Representatives is debating whether or not to vote on the Senate passed health care bill. This means that if the House has a majority vote the Senate bill will become a law. The current version of the Senate bill allows for demonstration projects, but provides an absolute opt out clause for plaintiffs at any time. The AAJ finds demonstration objectionable but believes that the opt-out provision for all plaintiffs minimizes their concern.

In a recent letter to Congress, the President signaled openness to appropriating $50 million for additional medical malpractice projects, which would include health courts. This blog recently spoke to the dangers of implementing health courts. Most importantly these courts would take away a patient’s right to a jury trial, which is in direct opposition to the constitution. The AAJ believes that health courts open up the possibility of biased, one-sided proceedings, deny people their right to trial by jury, and serve as another expensive insurance company bureaucracy. Fortunately, the Senate language contains an opt-out provision which would allow victims to have the option of a civil jury trial. Please contact your Congressmen and voice your opposition for health courts.

Many people who support patient’s rights have been using twitter to voice their thoughts on the recent health care debate. This has become a great forum for those to voice their opinions. Many are discussing the 98,000 people who die every year from medical error. We need to ensure that Congress takes this number into account.

At the recent health care summit President Obama stated that Republicans are overstating the effects that medical malpractice has on the health care system. He disputed the Republican’s claim that medical malpractice lawsuits are the biggest driver of medical inflation. Illinois Democrat Dirk Durbin stated that it is wrong to impose medical malpractice awards when the health care system is the true culprit for rising health care costs. Rather he suggested that Congress should focus on incentivizing states to find innovative ways to reduce medical errors and reduce those medical malpractice lawsuits that should not be filed.

The Democrat’s position on medical malpractice is supported by the Congressional Budget Office’s report. The report shows that medical malpractice lawsuits only constitute 2 percent of total health care expenditures. Enacting tort reform would then only reduce total national health care expenditures by approximately .2 percent. Conversely, the Congressional Budget Office also stated that an additional 4,800 people a year will die if hospital accountability goes down. Currently, the Institute of Medicine estimates that 98,000 people a year die due to medical error. Additionally, tort reform would greatly damage those who are victims of medical error by limiting the amount of compensatory damages they receive. Compensatory damages simply put the patient back to the position they would be in prior to the medical err. These include costs of medical bills, rehabilitation and loss wages. These innocent victims must be adequately compensated for their injuries not only because it is constitutional but because it is just.

To learn more about the medical malpractice debate, check out the San Francisco Chronicle’s article.

Leading up to Thursday’s bipartisan healthcare summit, the White House released the President’s Proposal on Healthcare Reform. The proposal includes many pieces of the House and Senate bills that have been debated over the last six months, however, the president did not include any medical malpractice revisions. This move by the president will protect the rights of patients across the country who may become the victims of preventable medical negligence. However, it is anticipated that the GOP will once again fight for the inclusion of tort reform in the bill.

As medical malpractice attorneys who represent victims of negligence, we continue to remind our readers to speak out against tort reform in the national healthcare debate. Recently, we saw the Illinois Supreme Court rule that caps on medical malpractice damages were unconstitutional, a great victory for patients in our state. We hope that our national representatives will follow Illinois’ example and realize that tort reform has no place in the healthcare debate. Healthcare reform should focus on lowering healthcare costs and making affordable healthcare accessible to everyone. Tort reform will not ease access, and it will not lower healthcare costs significantly. In fact, the CBO released a report in October 2009 that said tort reform would only lower the total cost of healthcare spending by 0.5%. To read the full text of the President’s Proposal on healthcare reform, follow the link.

Last week, the Illinois Supreme Court reached a landmark decision which ruled that medical malpractice caps are unconstitutional. The Illinois Supreme Court decided that patient’s rights were more prevalent than the needs of the insurance company. They overruled an Illinois statute that capped pain and suffering at $500,000 from a doctor and $1 million from a hospital for negligent medical care. However, many are critical of the important decision recently written.

The Chicago Sun-Times wrote that the health care costs in Illinois suffered a setback due to this decision. The article argues that health care costs are rising and that doctors are leaving this state due to insurance costs. The article also argues that neurosurgeons are leaving Illinois due to the large health care costs and the American Medical Association argues that medical malpractice insurance stabilized as a direct impact of the statue.

Yet, the paper overlooks a number of factors. First, those states with medical malpractice caps historically have a higher insurance rate than those without. Second there is no empirical evidence that doctors leave states without medical malpractice caps. Finally, and most importantly, 98,000 people die every year due to medical error. Advocates should be more concerned with diminishing medical errors than decreasing medical malpractice costs. The Chicago medical malpractice lawyers at Levin and Perconti support the recent Illinois Supreme Court decision. It is not only a decision that coheres with the constitution, but is also one that supports patients’ rights.

Lately, the media has focused on how many of this nation’s Supreme Courts are committing judicial activism. However, the recent decision by the Illinois Supreme Court is evidence that the Illinois Supreme Court can make “non-activist” decisions. They did so by rightfully declaring that the 2005 cap on medical malpractice awards was unconstitutional. Not only does precedent require this decision, it also shows that the Supreme Court can make the right decision for Illinois. By declaring medical malpractice caps unconstitutional, they showed their commitment to patient’s rights. Families rely on court-determined compensation in order to rebuild their life after a devastating medical error. By instituting medical malpractice caps, the legislature tried to take away the judicial branches right to decide. Thankfully, the Illinois Supreme Court brought the decision back to the bench. To read more about the medical malpractice decision, please click the link.

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.

Today, the Illinois Supreme Court handed down a ruling in favor of patients and victims of medical malpractice throughout the state. According to a press release issued by the Illinois Trial Lawyers Association, the Court ruled that medical malpractice caps are unconstitutional in a lawsuit about a young girl who suffered a significant brain injury due to medical negligence. ITLA president, Peter J. Flowers, applauded the Court’s decision, noting it will shift the focus to “meaningful insurance reform” that will cut costs for doctors and patients and will give Illinois residents access to quality care.

The Chicago medical malpractice lawyers at Levin & Perconti support the Court’s ruling. Medical malpractice laws were designed to protect patients injured through no fault of their own. These laws allow victims to seek fair compensation for a health care provider’s mistakes. We are pleased that the Court ruled to protect patients’ rights to hold doctors and hospitals accountable.

Recently Senate Minority Leader Mitch McConnell stated on Meet the Press that the health care overhaul should reduce the number of medical malpractice lawsuits. He believes that malpractice is an area where Democrats should show more flexibility in the revised health care legislation. However, what Mr. McConnell failed to tell the American public is that every year 98,000 people die as a result of medical error. Additionally, studies show that provisions such as medical malpractice caps do not lower insurance premiums. Republicans and Democrats alike should work towards changing health care in a way that does not limit a patient’s rights. To read more about the health care debate, please click the link.

Despite Republican efforts to enact tort reform, the recent healthcare bills leave the country’s medical malpractice system in tact. This is because medical malpractice lawsuits are often the only recourse for thousands victimized by medical error. Studies show that approximately 98,000 patients are killed each year by medical errors. Forty-six states have passed some sort of tort reform, and these states do not have lower costs or coverage for the uninsured. This proves that attempts to limit patient rights should not be included in the health care bill. By focusing on reducing medical errors, the healthcare system can help avoid the 98,000 wrongful deaths each year. Please contact your congressman and voice your opposition to medical malpractice reform. To read more of the ongoing debate, click the link.

A woman blames her third degree burns on the medical negligence of doctors at a children’s hospital before she went into surgery. A medical malpractice attorney has filed a lawsuit against the hospital on her behalf. The woman claims she became a patient in 2002 for surgery to treat her hyperparathyroidism. During the surgery, she received third-degree burns when doctors negligently allowed heat or a hot object to burn her back. She also claimed they failed to properly supervise her preparation for the surgery. The doctor at the hospital failed to guide his assistants in the proper placement of surgical devices to avoid the burning. Since the incident, she has been forced to endure additional surgeries and suffered disfigurement. This type of medical negligence will have a life long effect on the woman. To read more about the medical malpractice lawsuit, please click the link.

A woman went to the hospital to have her fallopian tubes tied and left with two punctured holes in her bladder. This near-death experience resulted in the woman having chronic pain and a flesh eating virus. The victim couldn’t move, speak and she had no muscle control. Her medical expenses for the process totaled $1.9 million. Medical malpractice lawyers state that if she hadn’t received the settlement she would be homeless or living in public housing. The woman fortunately filed the medical malpractice lawsuit in the state of Iowa where no medical malpractice caps exist, despite the lobbying of the insurance companies. While insurance companies boast that caps will lower the cost of health care, history shows that the medical malpractice caps do not lower insurance rates for doctors or patients. They simply make more money for insurance corporations. Statistics show that malpractice insurance profits are 24 percent higher in states with caps on malpractice damages than in states who do not have medical malpractice caps. Medical malpractice attorneys know the cost of bringing a case to trial, and due to this only take those that are meritorious. This helps dispute the insurance companies argument that medical malpractice suits are too commonplace and that caps are needed to decrease the costs. To learn more about the medical malpractice case, please click the link.