Illinois Medical Malpractice Blog

A state medical board reprimanded a doctor last week for medical error following a revelation that he operated on the incorrect body part of a patient during an operation at the Rhode Island Hospital.

The Providence Journal reported that the patient had degenerative joint disease in both hands. He had been under the care of orthopedic surgeon Dr. Edward Akelman for five years before the 2009 surgical mistake performed by the doctor. Dr. Akelman was made aware of his mistake while the patient was still unconscious in the middle of the procedure and subsequently performed the correct operation before the patient woke.

An investigation into the error by the state health department discovered that the correct hand had been marked as the surgical site, but there was no marking indicating what fingers needed to be operated upon. Hospital protocols required the specific fingers be marked to avoid just the error that occurred here.

Further investigation showed that two separate finger operations were planned each with its own surgical protocols that needed to be followed. But the medical team treated the two operations as one single procedure. As a result, the team cut corners and skipped necessary steps that are usually required for each unique operation. As so often happens when medical professionals sacrifice care for speed, the mistake was made.

The most fundamental aspect of any surgical procedure is operating on the correct part of the body. Amazingly, wrong-site surgeries occur frequently during all sorts of operations. In fact, the same hospital where this error occurred had made five other wrong-site mistakes in the last three years.

If medical professionals are capable of making surgical mistakes of even that fundamental nature, it is clear that more nuanced errors occur every day at hospitals across the country. Our Chicago medical malpractice lawyers at Levin & Perconti are committed to fighting for the rights of those injured by medical errors that should have been prevented.

A new report examined by Fox Philadelphia has found an alarmingly high rate of disruptive behavior among doctors and nurses at local hospitals. These examples of unprofessional behavior have placed dozens of patients at unnecessary risk.

According to the Pennsylvania Patient Safety Authority, fighting between doctors and nurses has even occurred during surgery. In one case, a surgeon literally stormed out of the room during the operation because of a conflict with an attending nurse. The unaware patient was left lying on the operating table. In other instances, the report found examples of doctors who had personal conflicts with nurses acting out their disagreement by refusing to answer calls from those nurses who had questions about medications and other critical patient care details.

Overall, the report in that state alone found 77 incidents of personal disputes bleeding into the work environment and leading to unnecessary and unacceptable risk to the innocent patients who happened to be caught in the middle. Doctor-Nurse disputes accounted for the vast majority of the incidents, but several cases were found involving disagreements between doctors.

According to the report, hospital hierarchy facilitates temper-tantrums from doctors who are often not used to getting their way. In one case, an impatient doctor refused to wait out the necessary 30 minutes for a topical anesthetic to take effect on a circumcision of an infant. Instead he rushed the procedure on the baby all to save himself a few minutes time.

All work environments occasionally involve personal disagreement between professionals. However, disagreement is never an excuse for performing substandard medical work. That fact is especially true in the medical setting, where life and death literally depend on the careful work and coordinated efforts of several employees together. Our Chicago medical malpractice attorneys at Levin & Perconti understand the delicate nature of many medical procedures. However, all too often we have seen the deadly harm caused by avoidable errors. Personal disagreement can never be allowed to negatively affect that care given at our hospitals.

A new study reported in The Wall Street Journal recently found that common measures used by hospitals to prevent post-surgical infection may not be as effective as often thought. Most hospitals currently use a checklist approach to ensure patient safety during surgery. The World Health Organization developed a list of various procedures to be followed before, during, and after all procedures. Medical professionals typically ensure that each of those items is completed in every operation.

In particular, six of those measures are aimed at preventing infections following surgery. They include, for example, administering the proper antibiotic within an hour following the operation and appropriately completing the hair removal process after finishing the procedure.

However, the study found that there was no correlation between the six checklist items and lowered infection rates. In other words, the study puts into question the effectiveness of those measures.

Surgery always contains some risk. But as this research indicates, the common checklist procedures medical professionals use to prevent complications are often ineffective. All patients deserve medical care that best protects them from further harm following surgery. Doctors who fail to take all appropriate steps to limit those complications may be guilty of medical malpractice.

Our Illinois medical malpractice lawyers at Levin & Perconti have extensive experience representing patients harmed by medical errors, like preventative infections following surgery. If you or someone you know has suffered a similar surgical complication that may have been caused by surgical error be sure to consult a medical malpractice lawyer to help fight for your rights.

Click Here to read more about the study.

The Sun is reporting a large medical malpractice verdict involving a woman who lawyers say is now a paraplegic. A 53-year-old victim won a $3.5 million medical malpractice verdict against the two surgeons and their business. The woman had underwent surgery for blocked arteries three years ago and had disastrous results. After the surgery she filed a medical malpractice lawsuit. The jury found the two doctors responsible for the victim’s injuries.

The medical malpractice trial focused on the fact that the doctors used an improper grafting technique. The victim claimed that this medical error led to blood loss and other injuries which included damage to her spinal cord. This left her as a paraplegic and unable to walk. Although she still has some feeling in her legs, she is in constant pain. The medical malpractice verdict has given her some sense of security. She has not been able to resume her lifestyle since the medical error. The jury awarded the victim $1.3 million for noneconomic damages, $2 million for future medical bills, and more than $200,000 for prior bills. As a paraplegic, this victim will experience many future medical bills for ongoing treatment and rehabilitiation.

In cases such as this, noneconomic damages oftentimes include lost wages. The mistakes of medical providers can leave victims unable to return to their normal work life. When this occurs, it is important to seek compensation for lost earnings. If you have experienced lost wages as a result of medical malpractice, consult a Chicago medical malpractice attorney. To read more about this specific medical malpractice case, please click the link.

The Madison County Record reports that a man and his wife have claimed that a urologist removed the man’s kidney unnecessarily during surgery. The two filed the lawsuit in Madison County Circuit Court against an Illinois doctor and the Urology Consultants. The doctor had negligently performed a radical nephrectomy on the victim. The medical malpractice lawsuit claims that the doctor should have attempted to perform an exploratory surgery or a partial nephrectomy. Instead, the doctor performed a surgery that fully removed the kidney.

As a result of this surgery, the medical malpractice victim is suffering permanent pain, mental anguish and disfigurement. He is also claiming economic losses of medical costs and lost wages. He also believes that he is prevented from attending to the usual duties and affairs of life. His wife is filing suit claiming that she lost her husband’s love, companionship, consortium and support because of the medical negligence. The victim is seeking a judgment of more than $300,000. To read more about this Illinois medical malpractice lawsuit, please click this link.

According to Answers.com, radical nephrectomy involves removing the entire kidney, a section of the tube leading to the bladder, the gland that sits atop the kidney and the fatty tissue surrounding the kidney. On the other hand in a partial nephrectomy, only the diseased or infected portion of the kidney is removed. In this case, the medical malpractice victim would have benefited from a closer examination to determine which procedure was right for him. If you believe that you or a loved one suffered serious harms as a result of a medical provider's mistakes, consult a Chicago medical malpractice attorney to discuss your potential claim and legal options.

An Arlington soldier is dealing with the repercussions of a medical error in difficult way. The 21 year old airman lost his legs after a botched gallbladder surgery at a military hospital, according to the Star-Telegram. The victim had agreed to have laparoscopic gallbladder surgery after enduring stomach problems. During the procedure, an instrument being threaded through his stomach nicked his aorta artery, cutting off the flow to his legs. He was then transferred to another medical hospital, where both of his legs were amputated. His lawyer believes that this constituted gross violations of the US medical act. To read more about this specific medical malpractice case, please click the link.

Currently, however, the medical malpractice victim is in a battle with the U.S. court system. According to a 1950 Supreme Court decision, military personnel or their families are not allowed to collect damages from military doctors for medical negligence. This is known as Feres Doctrine. Not only will the medical malpractice victim not be able to recover for medical damages, his wife will be unable to file for loss of consortium. Currently, a Congressman is introducing legislation in order to change that policy.

The "Feres Doctrine” only applies to those active men and women of the U.S. Armed Forces who suffer injury at the negligent hands of other members of the Armed Forces. Since military personnel staff military hospitals, this keeps those victims of medical negligence from being able to file suit in federal court. This doctrine greatly hinders the rights of military medical personnel. The Chicago medical malpractice attorneys of Levin & Perconti support recent efforts to invoke legislation that will override this doctrine.

A family of a medical malpractice victim has sued the surgeon they believe is responsible for the error. According to NewsOn6.com the fire broke out during the victim’s surgery. She was undergoing breast reconstruction surgery when the fire sparked. Two years prior to the medical malpractice she had a double mastectomy as a result of breast cancer. She was hoping the breast reconstruction would be a final step towards healing but was set backwards.

After the woman woke up from the surgery her face was covered in bandages. The medical malpractice lawsuit claims that the doctor used alcohol to swab the victim during the procedure, set the cauterizing tool aflame. This sparked a fire that caught both the victim and the drapes on fire. The fire then proceeded to melt the oxygen tube inside of her mouth, causing her mouth and tongue to burn. She was unable to eat or drink for a period of time and still has trouble four months later. The devoted teacher is unable to go back to work because the pain has been so terrible. Unfortunately, her face and lips have been deformed and it appears that she will need future surgeries.

Medical errors cause approximately 98,000 deaths per year. The victims of medical malpractice are hopefully sending a message to those negligent healthcare providers by filing medical malpractice lawsuits. In the end, the goal is to ensure that medical providers deliver quality care to avoid such litigation. To read more about this specific medical malpractice lawsuit, please click the link.

An Illinois woman has started a website designed to improve hospital safety entitled Campaign Zero. She began the website after Medicare discontinued reimbursing hospitals for preventable hospital hazards. The website focuses on preventing medical errors by zeroing in on what can be prevented with a little bit of knowledge. It also discusses ways in which everyone can help prevent medical error.

One area that can be improved is hospital acquired infections. Campaign Zero estimates that 2.2 million people are affected with hospital-acquired infections every year. More than 135,000 Americans wrongfully die from these hospital-acquired infections, most of which are preventable. The biggest culprit in the spread of this disease is unwashed, or poorly washed, hands. There is a simple way to prevent this medical error: to have employees simply wash their hands with soap and water. The website shows a video highlighting the easy way to wash hands and save lives.

Campaign Zero also highlights ways in which to prevent surgical error. The website’s study estimates that between 1,300 and 2,700 surgical errors occur every year in America. These include events when patients are mistaken for each other. Also, surgical tools and sponges are left behind in patients. In fact, 1 out of every 1,500 abdominal surgeries results in a left tool or sponge. The average cost of these types of surgical errors runs around $40,323. The website suggests showering before surgery and marking the part of your body that is to be operated on in order to prevent these errors. This website is a valuable tool for anyone that has a loved one in the hospital.

A state’s officials have fined 13 hospitals for medical errors that have killed or seriously injured patients. A report shows that one hospital was fined $50,000 with the death of a patient that died after he pulled out his tracheotomy tube although there were instructions that that patient be restrained and supervised. There was also a fine given to a hospital that misdiagnosed an ectopic pregnancy. A woman’s oxygen levels were not monitored correctly, leading to another fine. A patient died after nurses failed to notice that his heart monitor was disconnected. These are just a few of the examples of the 98,000 people who die every year as a result of medical error. To learn more about the hospital fines, please click the link.

A man says he suffered 10 weeks of pain and stiffness before his doctors discovered that they had left a broken device in his knee during his surgery. The man has filed a medical malpractice lawsuit after the event and is suing for unspecified damages. He also names an orthopedic and sports medicine center in the malpractice lawsuit and the hospital where the surgery was performed. An x-ray performed two months after his surgery showed a “foreign body’ in his knee. The medical malpractice lawsuit states that the doctor performed follow-up surgery the next day and removed what looked like a broken surgical device from the victim’s knee. To learn more about the malpractice lawsuit, please click the link.

A 35-year-old mother of nine has filed a medical malpractice lawsuit against a hospital, three doctors and two nurses alleging that they sterilized her against her will. The lawsuit claims that this violated her reproductive rights. The woman has nine children aged 3 to 21 and claims that the doctors were supposed to implant an intrauterine device, which is a kind of reversible birth control, after she gave birth to her soon. However, the mother alleges that a permanent sterilization known as tubal litigation was performed. This left her mentally distraught and incapable of bearing more children. The mother is upset because there was no medical reason for the procedure and she did not sign consent for a tubal litigation. Written consent is required by federal law for at least 30 days in advance for all patients who want a permanent sterilization procedure. This type of medical error is but another form of medical malpractice. To read more into the forced sterilization, please click the link.

A victim has filed a medical malpractice lawsuit after piece of gauze allegedly left behind in a patient after surgery required a follow-up procedure to remove it. The victim filed a medical malpractice lawsuit against the hospital and two doctors. Also, the victim contends that she only learned through medical records this year while the gauze was left eight years ago. The woman underwent a surgical procedure on her liver in 2000. Two weeks later she was admitted to the hospital with a diagnosis of an intra-abdominal abscess. This is an infection inside the belly area. During that procedure, they found gauze under the connective tissue that runs throughout the body. She maintains she did not find out about the gauze until obtaining medical records from the hospital this year. Before she found the record, she had no reason to believe a foreign body had been in her abdomen. Disclosing medical errors is one of the biggest issues for medical malpractice reform. To read more about the gauze error, please click the link.

The family of a man who died after brain surgery has sued the neurosurgeon who performed the operation, saying the doctor was legally blind and unfit to operate. The man was quoted in newspaper reports at that time as saying he needed to step down because glaucoma “limits my abilities of a surgeon.” The surgeon stated that he had peripheral vision loss in his right eye, but it had not affected his ability to do surgery. The surgery involves inserting electrical wires deep into the brain to control involuntary movements. The medical malpractice lawsuit claims that the surgeon was legally blind and unfit to operate when he removed a brain tumor from her son. The 28-year-old man died two days later. The wrongful-death lawsuit also claims hospital negligence. The plaintiff does not believe that the doctor should have been given privileges to operate. The hospital is counter-claiming that the doctor also owes them more than $1 million for support he received to open a neurosurgery practice. To read more about the medical malpractice, please click the link.

A victim is suing a surgeon for negligence and medical malpractice. The victim was a patient of the general surgeon and was being treated for a gall bladder problem. The medical malpractice lawsuit complains that the surgeon performed a laparoscopic clolecystectomy on the patient that did not go as planned. The doctor clipped and divided what he thought would be a cystic duct, however it was not. The victim claims she has undergone numerous surgical procedures to correct the doctor’s error. She has incurred damages, including past and future medical expenses; past and future lost homemaker services; past and future mental and physical pain and suffering; and loss of her capacity to enjoy life. To read more about the medical malpractice, please click the link.

The husband and estate of a woman who developed blood clots and died shortly after undergoing outpatient knee surgery have been awarded more than $6 million in a medical malpractice trial. The 42-year-old victim was referred by her primary care physician at an Army hospital to an orthopedic surgeon to investigate complaints of worsening pain in her left knee. The surgeon gave the victim an injection for the pain and ordered physical therapy. During a follow-up visit the doctor ordered an MRI to determine whether the victim might have a tear in the cartilage of her knee. The MRI indicated a “cartilaginous loose body” behind the victim’s knee and she underwent less than an hour of arthroscopic surgery at the hospital. She went home that day. The next day the victim’s daughter came into check on her and found her dead on the bathroom floor. An autopsy revealed that deep venous thromboids had formed at site of the surgery and had traveled to the lung causing a pulmonary embolism. The couple had just retired from the Army and was excited to start traveling. The trial documents stated that the doctor ignored several risk factors that should have indicated blood clotting could be a problem. The doctor did not appreciate risk factors such as obesity, birth control pills and hypertension. By not appreciating these risk factors, the doctor committed medical malpractice. During the one-week trial it became evident that the doctor did not observe post-surgery precautions. This could have prevented the wrongful death. To read more about the medical malpractice trial, please click the link.

Seven years ago a woman entered a hospital for removal of her right ovary. However, she left the hospital with her left ovary removed. The patient filed a medical malpractice lawsuit and it is now headed towards the Kansas Supreme Court. The case has drawn attention because it discusses the constitutionality of placing caps on damages for pain and suffering. Currently the state does not allow damages to exceed the $250,000 medical malpractice cap. These medical malpractice caps take away the jury’s role in calculating malpractice damages and infringe on the separation powers of the courts. Most importantly, these medical malpractice caps hurt those with life-altering medical injuries. To read more about the medical malpractice damages, please click the link.

A state’s largest hospital went on trial after being accused of medical negligence that permanently crippled a patient. The 73-year-old man was left with crippling pain after a team of highly-respected doctors replaced both of his knees at the hospital. The victim was actually a doctor himself. Five years ago he went into the hospital for surgery and seven days later he had four different nerves on his legs damaged. The damaged doctor is now suiting the hospital for medical malpractice. He claims that the surgical team negligently misapplied a tourniquet which damaged the nerves to his lower left leg. The medical error has changed his life indefinitely. To read more about the medical malpractice lawsuit, please click the link.

The federal government has agreed to pay $450,000 to settle a medical malpractice case filed by the family of a woman who died at a Naval Medical Center after a routine surgery to remove an infected boil. The federal government admitted no wrongdoing in the medical malpractice settlement. The woman died after anesthesiologist failed to intubate her after the surgery. Her airway became obstructed and she stopped breathing, causing cardiac arrest. According to the medical malpractice complaint, the victim was being treated at a hospital for an infected boil and when it worsened they determined emergency surgery was necessary. The surgery was successful but the victim was left without a breathing tube for at least 15 minutes while being transferred from the operating room to the intensive care unit. The anesthesiologist should have known that the woman had other medical issues, which included diabetes, and but a breathing tube in place. When she finally arrived in the ICU she had no pulse or blood pressure. This victim represents one of the 98,000 people who die annually from medical mistake. To read more about the medical mistake, please click the link.

Two brain surgeons at a hospital face charges for failure to complete a brain surgery. The department of health has documented the hospital for 14 different medical abuses including when two brain surgeons failed to perform an operation of a patient that was already sedated on the table for operation. A patient was scheduled to undergo the second portion of her two-part brain surgery and her doctor failed to show due to being out of town. The chief of neurosurgery declined to finish the surgery the absent doctor. The hospital has been given an October deadline for the hospital to present the state with a plan to correct the serious communication error from happening. They also must pay the fines that the department of health has imposed on him. The hospital will be fined for allowing the doctors operating to not pause to stop and check that they were operating on the right part of the body. Also, a patient was sedated before the brain surgeon was present, and an orthopedic surgeon left the operation after doing his part before the next surgeon was present. This type of medical malpractice highlights the need for effective communication at hospitals. To read more about the medical error, please click the link.

A 52-year old man is know helpless hooked to a ventilator in a nursing home after doctors at a hospital mistakenly put a feeding tube into her lung this year, filling it with fluid. The woman is now unable to do simple tasks such as cooking. The woman had entered the hospital with breathing problems, but is now unable to leave a nursing home. Medical mistakes oftentimes come at the hands of trained doctors. To read more about the medical malpractice, please click the link.