Illinois Medical Malpractice Blog

The Chicago Tribune reported last night on a troubling new development in Illinois that will keep patients from accessing important information about their doctor. This development is another step backward in open, honest medical care—it is another blow to all those interested in patient safety.

For two years, the Illinois Department of Financial and Professional Regulation maintained online profiles of all doctors in the state. The profiles contained detailed information about the healthcare providers’ career to help patients when they were making choices about who to seek for care. The information also listed crime convictions, hospital firings, and medical malpractice payments that affected each doctor as part of the open information provided to patients. These profiles were very popular in the state, receiving over 130,000 clicks per week. Clearly Illinois consumers were finding the information extremely valuable.

However, as of this week, Illinois patients no longer have access to the profiles.

The open information was a casualty of legislative maneuvering in Springfield, where state legislators had initially passed the bill which required the profiles be made available. The Illinois State Medical Society is the lobbying organization for Illinois doctors, and the group has pushed to ensure that the profile stay locked up and hidden from Illinois patients.

A bill has been introduced which will return the profiles, but it is unclear if the General Assembly will take action on the legislation. Considering the political influence exerted by the Illinois State Medical Society, legislation which seeks openness for patients is often difficult to turn into law.

As of now, the information that patients can access on their doctors is limited. Even blatant doctor misconduct cannot be found on these doctors’ public profiles. For example, the Chicago-area surgeon Nercy Jafari was found guilty of sexually abusing a patient in his care. For the last two years, if a potential patient of Dr. Jafari had checked at the online registry they would have learned that information. But now the doctor’s conviction is kept hidden.

Todd Smith, president of the Illinois Trial Lawyers Association confessed, “That anyone would want to keep that information from the citizens of Illinois is appalling to me. Patients deserve to know whether their doctor poses any dangers to them.”

All medical patients deserve truth and honesty in the care they receive. That begins by allowing medical care consumers the option of knowing basic information about the physician that they are entrusting with their life. That is why our Chicago medical malpractice attorneys at Levin & Perconti support all measure that help patients make more fully informed medical decisions. The costs of medical errors are simply too high. Patients deserve to know if their doctor has a history of these mistakes or misjudgments.

The Wall Street Journal Blog recently posted on the staggering cost of medical errors each year in hospitals across the country. The Society of Actuaries commissioned the study into the cost of these errors on the U.S. economy, using an admitted conservative estimate of 1.5 million errors in a year.

All told, the cumulative amount spent on these medical errors including actual healthcare costs, lost productivity, and increased mortality rate is slightly less than $20 billion. Other studies have attempted to measure to true cost of the preventable doctor mistakes, but this latest study offers the largest sample size, using neutral data, and with better control measures. In other words, these study results represent the best analysis to date on the true economic cost of medical malpractice.

Interestingly, the costliest error is bed sores. These sores (also known as pressure sores) are almost always caused by negligent medical care and involve patients developing deep skin lesions caused by constant pressure bone prominences on the body. They develop when a patient (or nursing home resident) is not given the proper care while spending large amounts of time in bed.

As these figures indicate, the financial cost of medical errors alone should be enough to prompt drastic efforts to ensure that they occur less frequently. Of course these economic figures do not factor in the terrible emotional, mental, social costs caused by preventable hospital mistakes. As our Chicago medical malpractice attorneys at Levin & Perconti are fully aware, entire families are often torn apart by doctor mistakes that could easily have been prevented.

Renewed energy and effort should be placed on identifying troubled hospitals and doctors, holding them accountable for their errors and ensuring that they do not injury other patients.

A child who suffered brain damage due to negligent medical care during the delivery was awarded $510,000 by a jury this week. Staten Island Live reported on the jury verdict which found Staten Island hospital and the obstetrician Paul Heltzer guilty of medical malpractice.

Marquita Spicer was rushed to the hospital in early April 2006 to give birth to her first child, Xzaviar. The birth proved to be long and difficult. After breaking Ms. Spicer’s water to speed up the labor, doctors also gave her pitocin, a drug used to assist natural contractions.

However, doctors kept Ms. Spicer on the drug for far too long. The result was that contractions continued more vigorously and for longer than necessary, leading to harmful stress on the baby. The stress increased pressure on his brain while lowering the blood and oxygen flow throughout his body. The stresses and flow problems ultimately led to Xzaviar suffering permanent brain damage.

A jury ultimately agreed that Ms. Spicer was on the drug for too long and that a Caesarean section should have been performed in the later stages of the pregnancy to avoid the complications. As a result, Xzaviar now has permanent lesions on his brain, a lower IQ than his similar age counterparts, and fine-motor skill deficiencies.

A permanent injury to babies caused by negligent medical care during deliveries is an all too common problem. Our Chicago medical malpractice attorneys at Levin & Perconti continue to fight for the rights of victims of medical errors during the birthing process. In one case, we negotiated a $2.3 million settlement after a child suffered cerebral palsy because of a doctor’s decision not to perform a timely Caesarean section when it became clear that it was necessary. If you or someone you know may have suffered similar negligent medical care during delivery of a child, please contact our offices to learn about the process of vindicating your rights.

The Washington Post reported on a new study is about to begin which will test the value of patient review of doctor notes. The new project will give a limited number of patients electronic copies of their medical chart and the handwritten notes made by their doctor following each visit. The goal of the study is to determine if patients actually look closely at this information and to understand how it may affect the quality of care.

The most novel component of this “OpenNotes” project is the fact that for the first time ever it will allow many patients access to their doctor’s handwritten notes, which often indicate the medical professionals’ thought process as he or she considers various different diagnoses.

One potential benefit of the note sharing may be that it helps limit doctor error. In one case where the notes were already being shared, the patient noticed that tests that the doctor told her should be ordered were in fact not listed in the notes. It turned out that she was correct and the doctor had failed to order the appropriate procedures. The patients’ diligent review of her doctor’s material had potentially saved a preventable medical mistake.

With so much upside, it’s a wonder why more patients had not already reviewed their doctor’s notes. After all, all states give patients a legal right to obtain access to their own medical records. However, researchers indicate that most patients have never been aware of their ability to look at the notes and, even if they were, hospitals often charge as much as 75 cents for each page of record. The easy, free, and immediate access to the records which will be given in this study is intended to bridge those barriers.

Our Chicago medical malpractice attorneys at Levin & Perconti understand the close eye all patients should give to the medical care that they are provided. We have represented dozens of clients who were left in the dark about the care provided by their negligent doctors, leaving them little options to ask more probing questions about the care they were being given. Each patient should scrutinize their medical care and be sure to seek representation when that care has fallen below the standard to which they are entitled.

Please Click Here to read more about the “OpenNotes” study.

The Milwaukee Journal-Sentinel reported yesterday on a medical malpractice victim who is taking steps to ensure that no one else falls victim to his negligent doctor’s error.

In 2004, Dr. Cully White performed back surgery on Kenneth Plants. However, Dr. White performed the surgery on the wrong side of Mr. Plants back. The doctor then failed to explain the error to other doctors. On top of all of that, Mr. Plants was then charged $7,000 for a second procedure that was never actually completed. Overall, it was a nightmare scenario for Mr. Plants. He is still unable to go back to work as a carpenter, with his back problems yet to be fully corrected. Fortunately, Mr. Plants sought our medical malpractice lawyers who helped him reach a settlement worth over $2.9 million.

But like many victims of medical malpractice, Mr. Plants was also concerned that others might be harmed by Dr. White’s error. Unfortunately, the state Medical Examining Board is notoriously slow in investigating doctor errors. The Board has not begun the investigation in this case, even though the surgery occurred more than six years ago. To force the Board to look into the matter, Mr. Plants recently filed what is known as a “writ of mandamus” to force the governing body to perform its duty.

Mr. Plants is asking the court to ensure that the Medical Examining Board “investigates allegations of unprofessional conduct and negligence in a reasonable time.” A 2008 investigation into the Medical Examining Board revealed that the institution was almost always slow to investigate these matters. The investigation also showed that the Board keeps most of its investigations secret, rarely imposing disciplinary actions (even with errors that lead to patient deaths).

Medical malpractice lawsuits seek much more than merely ensuring that victims of negligence are compensated for their loss. As this situation demonstrates, these lawsuits also seek to ensure that negligent doctors are not able to harm future patients. Failure of state agencies to properly monitor these acts of negligence, however, means that doctors are often free to commit error after error as long as they have insurance to cover their victims’ losses.

Our Chicago medical malpractice attorneys at Levin & Perconti have witnessed first-hand the destruction wrought by these acts of medical negligence. Every step must be taken to ensure that future patients receive the treatment to which they are entitled. State agencies investigating medical errors need to take every possible step to investigation medical malpractice and stop negligent doctors from committing more errors.

WHIO.com reported today on a Dayton doctor with 19 medical malpractice cases currently on the docket. That list is not even counting several victims who have already won verdicts or settlement against the doctor, Dr. Lawrence Rothstein. Each of the charges involve plaintiff complaints of nerve damage, pain, weakness, numbness, paralysis and incontinence following surgeries performed by Dr. Rothstein.

On June 29th Dr. Rothstein filed for bankruptcy, putting into doubt the possibility that many of his victims will ever be compensated for the losses they suffered due to his inadequate medical care.

One of those victims is Sally Clawson and her family. Dr. Rothstein performed outpatient back surgery on Mrs. Clawson, but he botched the procedure, ultimately resulting in brain damage. In October, a jury found the doctor liable for the brain damage and awarded her $5 million in damages. However, Sally and her family have yet to receive anything from Dr. Rothstein or his employer, Riverview Health Institute. With the recent bankruptcy filing and pending cases, it is unclear when, if ever, the Clawson family will receive their judgment.

The unfortunate example of Dr. Rothstein is a stark reminder of the widespread harm a single negligent doctor can cause. It is also an indication of the importance of pursuing all potentially negligent doctors immediately. A delay may ultimately be the difference between collecting on a judgment and receiving nothing. The victims who acted first were much more likely to receive settlement and judgments while dozens of others may be left without any recourse.

Our Chicago medical malpractice attorneys at Levin & Perconti are always ready and willing to help you fight for your rights in a timely, efficient, and forceful manner. We have decades of experience dealing with insurance companies and doctors who repeatedly harm patients with substandard medical care. Do not wait until it is too late. Contact a medical malpractice lawyer today and ensure you are not left without any compensation for your injuries.

The Florida Appeals Court upheld an almost 26 million dollar verdict against a Walgreens Pharmacy after a teenage pharmacy technician improperly filled a prescription and killed a mother of three. The pharmacy technician typed in “ten milligrams” on the mother’s prescription when she should have typed one milligram. This case draws attention to the very troubling fact that there is no national standard for the training of pharmacy technicians. ABC news points out that in many states pharmacy technicians are not even required to have high school diplomas. Shockingly “a lot of the people working in the pharmacy have about the same level of training as someone that would be working in fast food," commented a lawyer who handles cases involving prescription errors. In addition, pharmacy technicians are overworked and are not closely supervised by licensed pharmacists.

Recently, Susan Novosad, a medical malpractice attorney at Levin and Perconti, settled a case against a Chicago-area pharmacy. This medical malpractice and negligence case was brought by the son of an 86-year-old man who died as a result of poor direction and instructions with regard to writing, filling and refilling his medication prescription. The mistakes made by the pharmacy were inexcusable and caused Susan’s client to lose his father. Susan hopes to warn others against the dangers of dosing errors in medication administration. If pharmacies do not change their ways, they will continue to kill victims because of negligence.

A Yale graduate, John Christian Gunn had everyone fooled. He allegedly had a string of medical errors since 2005. Another physician tried to warn the hospital of Gunn’s negligence in a letter to them stating that Gunn was a “danger to patients.” To date, a medical malpractice trial has been scheduled against Gunn’s employer for one of his last operations that left his patient dead. Gunn has already settled with this patient’s family. The latest on Gunn is that he was captured after robbing a bank with an air gun and has been sentenced to 51 months in prison.

Read more about the fallen physician here.

A Chicago doctor was fined $500 after being accused of chastising a woman in labor with her fifth child and refusing to give her pain medication. According to the medical malpractice civil lawsuit filed by the woman, the doctor failed to give her pain medication because he was angry with her for not calling him first. The doctor even allegedly told a nurse that the woman deserved the pain for not calling ahead. Rush University of Chicago suspended the doctor after reviewing the allegations.

Read more about the disciplined Chicago doctor here.

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.