Illinois Medical Malpractice Blog

A young girl in a hospital for mental illnesses took her life while on suicide watch. According to her family, she was supposed to be on suicide watch where she would be checked every five minutes. The girl killed herself, a clear case of medical negligence according to investigators. The medical staff did not come in five minute increments to check on her. The counselors were fired. The family is now filing a medical malpractice suit against the hospital.

Read more about this outrageous medical malpractice case here.

A doctor accused of sleeping with his patient must pay $416,500 in damages according to a recent jury ruling. The woman filed a medical malpractice suit against the doctor for allegedly violating his duty of care “by engaging in the sexual relationship while treating her for depression,” according to the article. The woman sought the doctor’s medical expertise for her depression and counseling after her daughter was diagnosed with cerebral palsy.

Read more about the medical malpractice suit here.

A surgeon fled the country pursuant to his attorney’s advice in order to not be easily prosecuted for a medical malpractice case, according to the doctor. The plastic surgeon was claimed to have performed surgery on a man left disfigured who was now filing a medical negligence case against him. The medical malpractice defense attorney claims the professional misconduct allegations are not true.

Read more about the malpractice attorney here.

With health care reform being a major topic in the new Obama administration, advisors are realizing this reform may include medical malpractice reform as well. Senator Ron Wyden thinks capping medical malpractice claims is key to reforming health care. Trial lawyers will most likely put up a fight against reforming malpractice awards.

Read more about medical malpractice reform here.

Indictments for fraud and reckless endangerment come two years after a doctor was allegedly found writing “excessive and/or medically unnecessary prescriptions”. According to the article, those prescriptions could have placed the patients in “imminent danger of death or target="_blank"serious bodily injury.” The doctor has since then retired.

Read more about the doctor’s allegations here.

A doctor accused of molesting female patients during medical procedures was told to suspend practice and turn in his license, according to the news article. The cosmetic surgeon was charged with sexual battery by fraud, sexual battery, and rape by a foreign object. Most of the women complainants were under anesthesia when molested. The doctor had also been accused of medical negligence . That patient claimed the doctor never reviewed a cancerous cyst removed from the patient.

Read more about the doctor’s legal battles here.

Recent studies suggest arrogant, abusive, and disruptive behavior by doctors in the workplace contributes to medical mistakes, preventable complications, and even death. One nurse testifies to a patient that could have suffered serious brain injury or death if she did not call an attending doctor at home due to an unruly on-call resident. Also, through surveys and testimony, nurses and residents have reported not questioning medical mistakes made by a doctor due to fear of the doctor’s anger.

For the full story, click here.

The eye doctor has been sued for medical malpractice at least 17 times during his career. He is now the subject of a class-action medical malpractice lawsuit filed by individuals who claim that the eye doctor falsely advertised laser vision corrective. Currently, he is not licensed to practice medicine.

For the full article.

Celebrity Ed McMahon is suing a hospital in Los Angeles for $1 million on the grounds of negligence and elder abuse. The 85-year-old entertainer is accusing the hospital through a medical malpractice suit of fraud, battery, elder abuse, intentional infliction of emotional distress, breach of fiduciary duty and negligent misrepresentation. Mr. McMahon claims that he did not receive adequate care upon entering the hospital for severe neck injury. The medical malpractice suit states that his neck injury led him being unable to work. McMahon claims that due to the hospital’s sub par care, he had to endure three traumatic surgeries. A judge determined that McMahon is able to request punitive damages, and gave him adequate time to do so. To read the full story, click here.

Personal injury lawsuits have resulted after many consumers claim they have been injured due to the use of a medical product known as botox. The company that produces the medical product, Allergan, claims that the medical product is safe and that the product liability and medical liability lawsuits are unfounded. The FDA and the U.S. Department of Justice have been continuously monitoring the makers of the product which some consumers claim to be a product that is negligently manufactured. As of now product liability and pharmaceutical liability lawsuits continue. It is possible that some doctors may also come under scrutiny for prescribing the pharmaceutical product. To read more about this popular wrinkle-free quick fix that has caused many lawsuits to be filed click here.

A medical malpractice settlement has occurred after several injured patients sued a large hospital for medical malpractice and for negligence. Personal injury lawsuits have occurred after the patients were injured due to the hospital’s error in its failure to clean medical instruments used on patients. Additionally product liability lawsuits have occurred against the negligent companies who were contracted to clean and sterilize the medical equipment. To read more about this medical malpractice lawsuit regarding a failure to clean and failure to sterilize medical equipment 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.

Patients and their families are suing a physician for medical malpractice alleging that the cardiologist performed unnecessary cardiac catheterization and stent placement surgeries. The thirteen patients had surgeries over five years where the doctor dramatically overstated the results of stress tests and diagnostic images. Some of these patients were even convinced to undergo multiple catheterizations and/or stents. A federal investigation is underway examining these activities.

For more information, click here:

Medical malpractice lawsuits are sure to arise after a Texas hospital is responsible for overdosing babies with the blood thinner heparin. The heparin overdoses lead to at least 17 babies suffering injuries. The medication dosing error caused one of the babies to die. The other babies have sustained severe personal injuries due to the hospital’s negligence. This tragic story is reminiscent of the tragedy that occurred to Dennis Quaid’s twins who were also given improper heparin doses. To read more about the hospital’s pharmaceutical dosing error click here.

Medical malpractice and medical negligence are documented in a new book "Truth, Lies, and the O.R.," which is written by two doctors. The book chronicles the frightening experiences that patients faced with a negligent doctor and with a negligent hospital may come across. The book helps to show patients how to choose an adequate physician or an adequate health care facility in order to prevent a misdiagnosis or to avoid coming across a negligent physician. To read more on this fascinating book that sheds light on a nationwide problem of medical negligence suits and medical malpractice lawsuits click here.

A new study suggests that claims of medical malpractice verdicts in Illinois spiraling out of control are greatly exaggerated. The study analyzed Illinois jury verdicts and settlements since 2002 by county. In contrast to claims that juries are awarding Plaintiffs millions-upon-millions in frivolous lawsuits, the study concluded that Plaintiffs prevail at trial in only about 1 out of 3 cases, with median verdicts at about $1 Million. The same holds true for settlements with most offers being characterized as de minimis especially when factoring in the high costs associated with a medical malpractice and negligence case. This study also dispensed with the myth that a medical malpractice case in Illinois could only succeed in Cook County. Statistically, there appears to be little difference in either the success rates or size of the verdicts when comparing Cook County to the rest of Illinois. Altogether, the study shows that criticisms of medical malpractice claims in Illinois are greatly exaggerated.

For the full study, click here:

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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A Midwestern woman recently was awarded $2.75 Million following an incident of medical malpractice and negligence. Physicians failed to test a tumor that was removed from her foot, which had they tested it, would likely have tested positive for melanoma cancer. Instead, one year later, another tumor was removed that, when tested, revealed the cancer. However, due to state damage limit laws, she will likely only receive $1.25 Million.

For the full article, click here:

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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Swedish Covenant Hospital in Chicago recently settled a case for nearly $8 Million based on medical malpractice and negligence. The settlement comes following a physician’s failure to diagnose a nurse with meningitis even though she complained of sudden, severe joint pain, headaches and neck stiffness. Her meningitis was left undiagnosed for three days, leading to severe mental and physical disabilities. Further, she became dependent on others for nearly all aspects of self-care and mobility and suffered from severe deficits in social skills. Had the emergency room staff properly diagnosed the woman, she could have avoided severe life-long damage.

For the full article, click here:

A study of doctor response time in emergency situations published in the New England Journal of Medicine found a strong correlation between delayed time to defibrillation after in-hospital cardiac arrest and a patient’s likelihood of survival. The study lasted five years and covered nearly 15% of the large hospitals in the country. The factors the study identified as highly correlated with response time were hospital size and admitting diagnosis. Small hospitals tended to have quicker response time while patients admitted with non-cardiac diagnoses experienced a higher response time following cardiac arrest.

Surprisingly, however, the study also found a strong correlation between race and response time. In fact, African-Americans and Native Americans experienced nearly 25% greater response times when undergoing cardiac arrest. 25% is extremely significant when considering that only 30% of patients underwent defibrillation after two minutes. However, any time beyond two minutes exceeds the guidelines-based recommendations. This speaks to major problems in hospital response time where nearly 1/3 of responses exceed widely-accepted recommendations.

The significance of this delayed response time? When defibrillation was delayed, patients only had a 22% chance of survival while reasonable response time resulted in a nearly 40% survival rate. Furthermore, the study’s numbers were skewed in favor of successful hospitals as the study was voluntary. One of the study’s authors even noted that this likely resulted in responses from only generally quality care facilities.

Following this study, physicians should realize seconds do make a difference. Many of us have images of doctors on television yelling “Code Blue” and running to revive their patients. In reality, unfortunately, physicians are not always as quick to the punch. In hospitals where such delays are a recurring event, the lack of an adequate response is nothing short of negligent.

For the full study, click here:

The American Medical Association is opposing proposals to use “secret shoppers” to evaluate physicians and their relationship with patients. The AMA contends that “secret shoppers” will detract from the real work done by physicians by preventing them from seeing actual patients. The use of “secret shoppers” is simply part of the consumer health information wave but appears to mainly benefit insurers and businesses seeking to limit their health care costs. Physicians also expressed concern that the practice was grossly unethical and would violate the doctor-patient relationship.

At the same conference, the AMA President told physicians to improve patient information and reduce medical errors.

For more information, click here:

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

For the full decision, click here:

A pharmaceutical lawsuit has been filed against Baxter after an individual received tainted heparin. The tainted product given to the 38 year old man lead him to suffer from serious personal injuries, pain and suffering and emotional trauma. There is likely a medical malpractice suit to be alleged against the dialysis clinic where the individual received the tainted medication from. To see the full story click here.

A state medical board is planning to put information about medical malpractice actions against physicians on its website in an effort to better inform the public about their caregivers. The proposed plan would disclose malpractice payments for individual doctors going back only seven years. However, the medical board is receiving vehement opposition from physicians groups that claim such reporting will adversely impact their practices and will misinform the public. This opposition is misguided given that doctors would be allowed to add comments explaining the circumstances of an individual legal action. Furthermore, the website would disclose whether the medical board publicly disciplined the physician, indicating whether the physician’s malpractice was caused by negligence. Such protections would limit the unintended consequences for physicians while protecting the public by increasing transparency and access to information.

For the full article, click here:

Hepatitis C outbreaks have been linked to unsafe hospital injection practices at an Endoscopy Center. So far eighty-four individuals have contracted the disease due to the hospital’s medical malpractice. The Doctor’s negligent practices have been linked to one day when two identified physicians were on call. Medical malpractice lawsuits have already been filed and more medical malpractice suits will arise in the future as more individuals contract Hepatitis C from the hospital’s illegal conduct. As medical care is increasingly relied upon for protection and heath it is imperative that hospitals and physicians follow protocols and procedures to prevent the spread of infectious diseases, virus and bacteria. To read the full story click here.

In an op-ed piece, the head of a state medical society favors continued erosion of patients’ rights in favor of the insurance industry by unequivocally supporting medical malpractice caps. An Illinois bill, passed and signed into law in 2005, caps non-economic damages but was deemed unconstitutional by a Cook County judge.

Those most affected by this bill are innocent victims of medical malpractice and negligence and their families. Placing a cap on their recovery takes the decision out of juries’ hands, juries that are best able to determine the level of pain and suffering these individuals experience.

One of the primary goals of tort reform is to lower doctor rates for doctors. However, historically, the most successful method to for achieving this goal is insurance regulatory reform, not tort reform. When states, including Illinois, have instituted insurance regulatory reform, rates have dropped and competition has increased. To this extent, tort reform does not benefit patients but helps the insurance industry.

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Recently, a 13-year-old Illinois boy died at a Chicago hospital after being brought there with very severe signs of neglect including ulcers, one of which was seeping pus. The boy was being taken care of by his mother and three nurses for various conditions including cerebral palsy. One of the nurses, Morris Lee Brinkley, found him when she started her shift lying in his own feces and urine in the mornings, yet still failed to make a call to the Illinois Department of Children and Family Services ("DCFS"), which might have saved his life. The other nurse, Loren Brown, did not call DCFS either, though she knew the boy's mother had failed to take him to his doctor's appointments. Both nurses claim that they informed their supervisor of the child's condition, but she denies any such knowledge, further, when the nurses did not see any reaction, they should have made the call to DCFS themselves. The boy’s mother, although not a medical professional, is far from without fault however, as she had a heavy hand in his neglect. The boy’s death has been ruled a homicide, and his mother and the two nurses have been charged with felony neglect and failure to report a neglected child. The extreme level of neglect that was reached could have been prevented had there not been a nursing error: by failing to report the abuse, Brinkley and Brown, regardless of their hand in the actual neglect, made a deadly error in judgment, and their prosecution may show that medical malpractice was involved.

Read more here.

The State of Illinois Department of Financial and Professional Regulation, Division of Professional Regulation has just released a new website allows users to enter complaints about doctors and health professionals with ease. This website makes it much easier to file a state complaint in the event you have been a victim of medical malpractice or nursing errors. If you believe you are the victim of medical malpractice or nursing malpractice it is important for you to file a complaint with the Department of Professional Regulation to make sure that the state also takes its own necessary steps to investigate the problem and review the practitioner’s licensing.

Click to see the Department’s complaint site.

The Medicare program may soon stop paying for more medical care that comes as a result of hospital error. In an effort to encourage hospitals to improve their patient care and avoid medical malpractice lawsuits, hospital infections, and hospital patient injury, Medicare announced last year that it would stop funding certain procedures and treatments. Now Medicare has added more potential preventable errors to the list.

Medicare may stop funding for these common hospital errors and preventable injuries:
-Surgical site infections following certain elective procedures
-Deep vein thrombosis/Pulmonary Embolism
-Legionnaires’ disease
-Extreme blood sugar derangement
-Lung Collapse resulting from medical treatment
-Ventilator-associated pneumonia
-Delirium
-Staph infection in the bloodstream
-Disease associated with Clostridium difficile infection

Medicare’s logic is that hospitals will stop making preventable errors and preventable patient injuries if the hospital won’t get paid for the error. Hospitals used to be paid for every consult and procedure but Medicare believes that not funding for preventable error will encourage hospitals to improve patient care to protect their bottom line.

Read more on these proposed changes here.

By 2030, one of every five Americans will be over the age of 65 and nearly half of all medical care spending will go to seniors. However, the US health care market is not positioned to meet the needs of this ever expanding group. The consequences of an understaffed and under-trained geriatric health care workforce could mean a sharp increase in the number of medical malpractice lawsuits and medical injury lawsuits in the future. A recent article highlights the shortcomings of the geriatric health care system, noting that doctors who serve senior patients make less than their internist counterparts and that geriatric specialists have decreased in number by nearly 25%. To meet the new demand for geriatric health services, the US needs to add 3.5 million people to the geriatric health care workforce in the next twenty years. Without necessary staff and salary increases, seniors could face tough choices in selecting a quality health care provider and avoiding injury in the doctor’s office.

Read the full article here.

The Illinois Department of Financial Professional Regulation has posted a new website database where you can find out more about your doctor or health care professional. The Physician Profile Search allows visitors to see where the doctor went to medical school, if the doctor has been involved in any lawsuits, and determine if the doctor is licensed to practice.

Find the Physician Profile Search here.

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

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

The full text of the Pediatrics study is available here.

A woman who suffered a seizure as a result of negligent manufacturing of a drug and medical malpractice is seeking compensation for her preventable medical expenses but has repeatedly been denied. After having worn a pain patch containing a Fentanyl gel for several years, it unexpectedly leaked, exposing the woman directly to Fentanyl, a powerful opiate 80 times stronger than morphine. After overdosing on Fentanyl, the woman went to the emergency room where she was mistakenly administered twice the recommended dosage of a drug used to counter overdoses, leading to a seizure. She sought compensation from the hospital for her unnecessary medical bills, but her requests continue to be denied. The patch has been recalled from the market.

For the full article, click here:

Policymakers are considering instituting a state-sponsored indemnity fund that would pay the future medical bills of injured patients, effectively shielding all physicians, hospitals, and medical staff from any liability for medical malpractice and negligence. Many groups, including the Center for Justice & Democracy, the Center for Medical Consumers, and various public interest research groups have criticized the proposal for crippling the rights of patients. Not only would the proposal’s benefits apply to insurance companies, physicians, and hospitals, but it would likely pass the cost of the indemnity fund to the average patient by increasing medical expenses.

The proposal has also been criticized by many that would directly benefit, including insurance companies, on the grounds that the harms would be too widespread. Even if successfully implemented, the fund would likely fail to compensate victims of medical malpractice and negligence even for their medical bills. Ultimately, the proposal allows the real wrongdoers to escape any liability.

For the full article, click here:

The Illinois state legislature introduced a proposed rule amendment that would amend the Code of Civil Procedure to allow courts to appoint a special representative for a person who dies before an action is filed against him. The amendment thus allows plaintiffs to bring an action against the special representative without opening an estate. Further, the change would require all heirs or legatees of the deceased be notified of the action by U.S. mail.

This amendment has the potential to affect those seeking medical malpractice claims against physicians that die prior to the filing of an action. The bill would allow these individuals to seek recovery from a court appointed special representative instead of the complicated alternative of opening an estate.

Click here for complete bill status:

A state Supreme Court decided to expand the rights of wronged patients in medical malpractice and negligence cases. The decision reinterprets the law so that the statute of limitations on raising a malpractice claim now begins once a patient knows the extent and cause of his injury in contrast to prior decisions stating that the statute of limitations began once symptoms were initially diagnosed.

The decision arose after a district court dismissed two claims of medical malpractice based on the expiration of the statute of limitations. In the first case, parents of a 16-year-old sued a facility for negligently prescribing Antabuse to treat the teen’s alcohol addiction. However, the suit alleged that the Antabuse caused long-term vomiting, jaundice, and irreversible liver damage. The district court ruled that, because the teen experienced severe symptoms beginning in March 1999 and the suit was not filed until April 2001, the two-year statute of limitations had expired. However, the Supreme Court overturned this decision, reasoning that any diagnosis of liver damage did not occur until months after the she began experiencing symptoms.

In the second case, a woman sued several medical providers for misdiagnosing her breast cancer. The district court dismissed the case because she had been informed, five years prior to filing the action, that there was a lump in her breast. However, in overruling this decision, the Supreme Court noted that the woman had repeatedly been told that her lump was benign until a test revealed cancer one year prior to her suit.

In reaching these conclusions, the Supreme Court emphasized concerns over fairness to patients, doctors, and the medical malpractice industry. Ultimately, the Court found that the rights of medical practitioners were not significantly impaired where there was actual wrongdoing.

Full article:

A recent study has found that many of the serious incidents of medical malpractice and negligence go unreported, even when physicians are aware that they should be reporting such violations. A survey of 1,600 doctors showed that 46 percent had witnessed “serious” medical errors by their colleagues without reporting them, even though 93 percent said they realized they should report such malpractice.

Part of the problem stems from an unspoken rule in the medical profession against reporting a fellow physician. The problem is compounded by physicians on disciplinary committees who tend to give colleagues leniency in disciplinary proceedings. Further, consumers are left in the dark in most states as only 16 states report malpractice payouts made by doctors on public websites. Additionally, even when the disciplinary system works, it routinely takes three years to resolve a complaint, allowing these physicians to continue practicing. One doctor even continued to see patients after settling three malpractice cases in five years, including one involving a wrongful death.

Given the lack of oversight from the medical community, there appears to be a greater need for outside regulation. Litigation is an effective way to put physicians on notice that they are subject to discipline if they are negligent. This raises concerns over tort reform, because limiting recovery for wronged patients will only make oversight more challenging and less effective. As the medical community is unwilling to police itself, restricting the rights of patients and attorneys to discipline incompetent physicians through tort reform will only increase the incidents of unreported serious medical errors.

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Ron Weidenfeller, through his attorneys at Levin and Perconti, has filed a medical malpractice lawsuit against Schaumburg-based Cancer Treatment Centers of America and its Midwestern Regional Medical Center in Zion on behalf of his wife who died from an undiagnosed colon obstruction.

Mrs. Weidenfeller had been complaining of severe pain, distention of her abdomen, and constipation in the days before she died. The Wiedenfeller’s requested tests to ensure she had no bowel obstruction, but instead of listening to the patient’s complaints, the facility assured the couple she would be fine and did not perform these tests. Ultimately, it was determined that the cause of death was sepsis from an undiagnosed perforated colon, revealed by an autopsy that facility staff suggested Mr. Weidenfeller not pursue.

This case is one more illustration of the devastating impact tort reform will have on victims of medical malpractice and negligence. Mr. Weidenfeller is seeking damages because he believes the facility was not candid with him about the events leading to his wife’s death. Should damages be limited where a medical facility simply fails to conduct a necessary test? How much do insurance costs affect a facility’s decision to conduct necessary testing? Shielding physicians and facilities from liability will only discourage them from taking measures necessary for the health and safety of our citizens. Perhaps the threat of liability would have provided the motivation to conduct proper testing to find Mrs. Weidenfeller’s bowel obstruction. Passage of significant tort reform measures will only increase the likelihood of negligence and malpractice and will prevent future Weidenfellers from seeking their just compensation.

For a link to this article, click here.

A physician has filed a lawsuit against her own hospital after being pushed out for attempting to report major events of medical malpractice and gross negligence. Following state inspections of the facility, the federal government has halted Medicare and Medicaid funding to the hospital until it is able to meet minimum standards of safety. One inspection found “immediate jeopardy” in the hospital’s administration of medication to its patients. The lawsuit further alleges numerous specific incidents of malpractice and negligence. The physician even observed one patient’s intravenous needle dripping onto the floor and another patient was not given her prescribed antibiotics for three days.

The physician filed the lawsuit only after attempting to file complaints with hospital administration. However, instead of resolving blatant violations of the standard of care, administrators harassed the physician and told her to stop writing formal complaints, suggesting she speak with the risk manager at the hospital prior before writing any formal complaint. The physician was even told to cater breakfast for the nurses who were upset that she was filing too many reports.

A chief inspector for the state concluded there were serious violations in the hospital’s ability to detect and correct medication errors. He stated that these violations demonstrate the poor quality of oversight at the hospital, a problem that originates with staff not following orders. The hospital was one of five facilities that have similarly been stripped of Medicare and Medicaid funding.

Full article:

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

Although virtually all doctors think they should report impaired or incompetent colleagues or serious medical errors to the relevant authorities, nearly half don't, a study suggests Monday.
The authors say they are the first to try to broadly assess doctors' support for and adherence to professional standards. The researchers, whose findings appear in the Annals of Internal Medicine, surveyed a national random sample of 3,504 practicing doctors between November 2003 and June 2004. They received responses from 1,662.

While 96% of respondents said doctors should always report impaired or incompetent colleagues, only 55% of those with direct personal knowledge of such doctors in the past three years said they always did so.

And while 93% of respondents said doctors should always alert authorities when they observe serious medical errors, only 54% of those who had such information in the past three years said they always did so.

"I think human beings always fall short of their aspirations," senior author David Blumenthal says. "The intent of the paper was not to criticize but to … highlight the areas for improvement."

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In a December 3, 2007 article posted on MSNBC.com it was reported that physicians are very reluctant to report mistakes by other physicians even though they knew such had occurred. A survey conducted by Massachusetts General Hospital and Harvard Medical School wound that only 46% of physicians surveyed have told authorities when they knew of a serious medical error committed by a colleague. This low percentage is despite the fact that 85% of doctors typically indicated that they anyone in their profession should tell patients and relatives about significant errors. Why does this no translate into practice?

Click here for the article

A State Supreme Court held yesterday that there is no duty requiring a physician to inform a pregnant patient that an embryo is an existing, living human being and that an abortion results in the killing of a family member. A woman had filed a medical malpractice and wrongful death lawsuit against her doctor after she received an abortion in 1996. The woman claimed that, prior to signing the consent form, she and her husband were not given material medical information that they needed to make the decision. Specifically, the woman alleged medical malpractice when the doctor failed to inform her of “‘the scientific and medical fact that [her six- to eight-week-old embryo] was a complete, separate, unique and irreplaceable human being’ and that an abortion would result in ‘killing an existing human being.’” Lawsuits pending in Illinois and other states have raised similar issues.

Click here for the New Jersey Supreme Court opinion
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Continue reading "State High Court rules on informed consent abortion case" »

A legal malpractice lawsuit was filed in St. Clair, Illinois recently by a man whose lawyer failed to file his medical malpractice claim within the necessary statute of limitation. The Illinois man was injured by a bullet wound and was treated by the hospital. He was discharged even though he was suffering from a high fever and severe pain at the wound site. A few days later, the man was diagnosed with gangrene and the delay in the diagnosis resulted in injuries to his bones, soft tissues, ligaments, tendons, muscles and blood vessels. The man alleges that his attorney's negligence caused significant financial damage and the loss of his medical malpractice claim.

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