Illinois Medical Malpractice Blog

The Wall Street Journal Health blog recently discussed the results of a new study of mediation in medical malpractice cases. Overall, the results were clear in finding that mediation helped lower the cost of litigation and created a reduction in medical errors. But there was one major hurdle: doctors themselves usually refused to participate in the helpful process.

Mediation is a voluntary process where the parties in a disagreement work with an impartial mediator to help resolve the issues through mutual negotiations.

The Journal of Health Politics published the New York study, which examined 31 malpractice cases involving mediation. Of those, slightly more than 50% were settled through the process. Another 5 were settled shortly afterward and about 1/3 were not settled. Plaintiff’s attorneys were more likely than defense attorneys to agree to the process, but all lawyers who were involved reported satisfaction with the mediation.

Unfortunately, not a single physician participated in any of the 31 mediations. Part of the problem, according to the study’s co-author was that hospital administrators and hospital lawyers discouraged the doctor’s from attending the conference. They worried about what might be said and how that might affect a potential trial.

As a result, the doctor’s missed the chance to connect with their former patient and work together through the issue. In addition, the study’s author explained that those piecing the event together missed the physicians input to better understand what happened and how to prevent it in the future.

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The series of reports issued about medical negligence by the American Association for Justice continues today with a look at the truth about the effect of medical malpractice lawsuit caps on premiums paid by medical doctors.

A common refrain from those seeking to persuade state legislatures to pass laws advancing arbitrary medical malpractice damage caps is that doing so will lower malpractice premiums. Yet once again the truth of the issue paints a different picture than “reformers” often claim.

A study from the Medical Liability Monitor from last year indicates that premium values remain unchanged by malpractice caps. If anything, those states that do not have caps have slightly lower malpractice premium rates. When looking at internists, general surgeons, and OB/Gyns cumulatively states with caps averaged a premium of $44,799, while non-cap states averaged $43,709 yearly. Each of those types of doctors examined individually reveal the same pattern of premium rates: virtually indistinguishable between cap and non-cap states.

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Yesterday we shared a report for the American Association for Justice that detailed several common myths of medical negligence. One of those explained the reality that health care costs were not inflated because of medical malpractice claims. In fact, only .3% (one third of one percent) of the total cost of healthcare in the United States is spent defending claims of negligence.

One corollary often made to that myth is the fact that costs are increased indirectly because of the use of “defensive medicine.” Specifically, some claim that doctors now run more tests than necessary because of the fear of litigation. Yet, a close look at the situation in hospitals across the country paints a much different picture.

The majority of scholarly research into these claims has found that the problem of defensive medicine is nothing more than the latest gambit by those interested in taking rights away from medical victims. In reality, the data indicates that medical providers are not conducting as many additional tests as is often believed. In addition, virtually no savings in medical costs can be gained from eliminating the testing of patients. One of the main motivators for anything labeled “defensive” medicine is actually increased income for the medical professionals and/or more complete care to the patient.

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The American Association of Justice (AAJ) recently published a series of reports around the issue of medical negligence. There has been a wave a recent pushes to “reform” the system of medical negligence. However, much of the information used to advance these reforms are deceiving, ignoring the fact that they do nothing to lower health care costs or improve the actual care provided to patients. To clear the air, the AAJ explains five of the most common myths propagated by these misleading “reformers.”

First, there is a misconception that there are an excessive number of “frivolous” lawsuits. Yet the truth remains that the problem originates in the inadequacy of medical care provided, not in the filing of lawsuits following that negligence. The reality is simple: if medical professionals made fewer errors than there would be fewer victims and fewer lawsuits.

Second, health care costs are not driven high because of malpractice claims. A recent reported indicated that only .3% of total health care costs are related to defense of malpractice claims.

Third, doctors are not fleeing the profession because of medical malpractice lawsuits. It is undeniable that the number of physicians in the United States had been steadily increasing for decades. The increase has occurred in every state in the country. States with medical malpractice caps have no difference than those states that do not.

Fourth, doctor insurance premiums are not affected by malpractice claims. Time and again empirical research has shown that insurance premiums paid by doctors have little to no correlation with malpractice claims. Conversely, studies have shown that many insurance companies artificially inflate rates and mislead the public about the situation.

Finally, all “tort reform” plans will have little effect on insurance rates. Caps on medical awards only mean that insurance companies pay less in awards; doctor premiums do not decrease.

Continue reading "American Association For Justice Report: Five Myths About Medical Negligence" »

The Wall Street Journal is reporting about the release of “Chasing Zero: Winning the War on Healthcare Harm” at the International Forum on Quality and Safety in Health Care. The movie stars actor Dennis Quaid, whose twin children were victims of medical malpractice. In 2007 his newborn twins were accidentally given an overdose of the blood thinner heparin at a hospital in Los Angeles. Thankfully, both children survived and Quinn became a passionate advocate for patient safety. He has appeared on Oprah to raise awareness of the large number of medical mistakes and he discusses different strategies that can prevent them.

Quaid has merged his Quaid Foundation with TMIT, a non-profit research concern run by patient safety expert and physician Charles Denham. This company oversaw the production of the hour-long documentary. After the documentary airs on TV, the company will distribute copies of the movie to all 5,700 hospitals in the U.S. This will hopefully reinforce the importance of adopting safe practices developed by the National Quality Forum. This company develops voluntary safety guidelines for the hospital. The head of the company stated that since there are an estimated 100,000 deaths each year from hospital infections and an estimated 100,000 deaths each year from medical error the message is extremely important.

While talking to Quaid, he stated that his twins are doing well. However, he noted that last week a toddler died from a heparin overdose linked to an infusion pump setting error. This is just one of the many examples of medical error throughout the country. To read more about this groundbreaking movie, please click the link.

A new report is showing that state medical boards are not living up to their obligations to protect patients from those doctors who are practicing substandard medicine. Although the rate in which states took disciplinary action against doctors rose slightly in 2009, this is still 18 percent lower than the highest rate which occurred 5 years ago. The Public Citizen Press Room is reporting that if the rate stayed constant at the peak rate, there would have been an additional 653 serious disciplinary actions taken against U.S. physicians.

The director of Public Citizen’s Health Research Group stated that there is mounting evidence showing that medical boards are under-disciplining physicians who commit medical error. He believes that most states are not living up to their obligations to the general population to protect those patients from doctors who are not practicing safe medicine. It is imperative that serious attention be given to improving how state medical boards hold physicians accountable. To ensure this, legislative action must but pressure on the medical boards. There needs to be legislative oversight of medical boards in order to decrease the amount of medical errors. While Illinois does not land in the states with the worst records of disciplining physicians, it also does not land in the best. They have worked towards improving the amount of disciplinary actions taken. Illinois must make sure that their medical boards are closely watching all medical errors committed by physicians in order to protect patients. To learn more about the medical malpractice study, 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.

Long-term acute care hospitals have been in operation nationally for the first 25 years. There are more than 400 long-term facilities nationwide. Most are owned by for-profit companies and few of them have doctors and staff. Two large owners of nursing homes are Select Medical Corporation and Kindred LTC hospitals. Many of these companies are plagued with medical malpractice lawsuits and poor state inspections. For example, in 2007 and 2008 Select’s hospitals were cited at a rate almost four times that of regular hospitals for Medicare violations. In the last three years, inspectors have found 22 violations of care standards at 12 Select hospitals. This could lead Medicare to ban those hospitals from admitting Medicare patients.

Long-term care hospitals have a higher incidence of bedsores and infections than regular hospitals. Many of the patients that reside in these hospitals are extremely sick. Despite the fact that they are in stable condition, they tend to be on dialysis or need a ventilator. If they require emergency care, they must be transported back to a general hospital. To learn more about the problems associated with long-term care, check out the New York Times article.

Kindred Health Care owns a number of long-term facilities in Illinois including locations in Sycamore and Northlake. These hospitals may fall into the problems associated with long-term health care facilities such as an emphasis on profits over patient care. If you believe that your loved one is being neglected at a long-term health care center, please consult a medical malpractice lawyer.

Healthcare-associated infections are a global crisis affecting both patients and healthcare workers. According to the World Health Organization, at any point in time, 1.4 million people worldwide suffer from hospital-borne infections. This is why Kimberly Clarke has started a website designed to prevent hospital infection. It releases news stories regarding the infections and discusses prevention measures. This website will be critical to the fight of ending medical error. To check out the infection website, please click the link.

Illinois consumers can now pore over an abundant amount of data, mostly much of it unpublished, about Illinois hospitals and surgery centers on a state-sponsored Web site. The website will include information on what these medical providers charge, how many procedures they perform, how often they deliver recommended care, and how consumers rate their care. They can also find which hospitals use registered nurses most often or which Illinois hospitals perform the most cesarean sections. This will help people become better consumers of medical services and hold medical providers accountable for their performance. The state will also add a great deal of additional information to the Web site over the next year. For example, the website will soon include information about the number of hospital-acquired infections each institution has. The current data includes information on which hospitals adhere most often to the recommended standards of care for patients with heart attacks. This website will help Illinois consumers track medical mistakes.

To visit the website, please click the link.

To read more about the website’s launch, please click the link.

Patient Safety experts at Johns Hopkins are taking their prescription for avoiding medical errors at hospitals beyond the “no fault, no blame” approaches. They are now calling for penalties for doctors and nurses who fail to comply with proven safety measures. The experts believe that penalties should apply when current “no blame” practices designed to prevent recurrences stall, and after warnings and counseling have failed to change health care workers’ behavior. The experts state that since medical mistakes continue to occur, its time to add some accountability and enforcement policies to address and stop unsafe practices. They are beginning a study hoping to decrease the 100,000 yearly deaths in the United States from infections picked up by people while undergoing treatment. Under their new system, health care workers who persistently fail to wash their hands before entering a patient’s room would be required to undergo mandatory training and re-education classes. Repeated failure to use and sign surgical checklists when inserting catheters would be punished as well. The medical world needs to understand that the right balance between no blame and individual accountability is that doing so will save lives. To read more about individual accountability, please click the link.

A new documentary film, “Money-Driven Medicine” tackles the economic underpinnings of an American healthcare system that kills four times as many people though medical error and preventable infections as those who die in a highway accident. The film explores the question of how a country that spends more money per capita than anywhere winds up with higher infant mortality rates and poorer hospital-care outcomes than other wealthy countries. The film proposes that the health care system isn’t patient driven but instead stockholder driven and technology crazed. The film discusses how the current health care system fails to offer optimum everyday community-based care for the average patient’s chronic conditions. One doctor describes the current health care system “a national tragedy.” It shows one man who was in the hospital with severe burns. While he was in the hospital, medical neglect and tardy responses to his complications caused an infected gall bladder, a coma, damage to his pancreas and scarring on the surface of his eyes. His wife has become an advocate for patient safety and has expressed anger over the lack of action by lawmakers to address the problem of medical errors. Free online of the film viewing can be seen on this website. To read more about medical errors, please click the link.

There is a low-tech way to cut down on a deadly infection that strikes roughly 80,000 intensive-care patients in the U.S. every year. Michigan hospitals dramatically lowered rates of bloodstream infections in their patients by following a five-step checklist. However, nearly three years after the study appeared meaningful use of the checklist remains limited. The list prescribed steps that doctors and nurses in the intensive-care unit should take when performing a common procedure. The procedure is inserting a catheter into a vein just outside the patient’s heart, to allow easy delivery of intravenous drugs and fluids. The steps are quite simple and the Michigan study found that putting the checklist in place lowered the rate of bloodstream infections related to catheter use by 66%. Experts believe that despite the checklists low cost and practical steps, hospitals are slow to implement them simply because it’s a culture piece. Nurses are afraid of backlashes from their physicians. This culture clash is allowing between 30,000 and 60,000 people per year to die, and hospitals are ignoring the need for such checklists. It is time for hospitals to require the checklists to ensure that people do not die from preventable hospital-borne infections. To read more about the checklists, please click the link.

As Congress debates nationwide health care reform, a new analysis reveals medical malpractice insurers have long-played a cruel hoax on legislatures and the public. Insurance companies have created a phony “financial crisis,” so lawmakers would limit the rights of those harmed by medical error. Medical malpractice insurers currently have average profits higher than 99 percent of Fortune 500 companies. The key findings of the report, which analyzes the financial statements of the 10 largest U.S. medical malpractice insures include, the average profit for insurance companies is higher than 99 percent of all Fortune 500 companies and they have seen their profit margins range from 5.9 percent to 74.9 percent. The average profit for a medical insurance company is 31.2 percent. Medical malpractice insurers have underestimated profits and overestimated losses. They have reported losses that have been approximately 13.5 percent lower than initially reported. This means medical negligence laws were passed under false pretences. Overblown reported losses were used to justify new measures restricting the rights of those injured by medical negligence. It is clear that limiting the legal rights of patients won’t lower health care costs or cover the uninsured. To read more about the false reports, please click the link.

In 2001, an 18-month-old little girl climbed into a hot bath and suffered burns that landed her into a PICU. Two days before being released from the hospital, the young girl died from dehydration and medical error. She died despite her mothers concerns with the hospital staff about Josie being denied liquids and being administered narcotics. Her mother has now written a book entitled Josie’s Story: A Mother’s Inspiring Crusade to Make Medical Care Safe. She hopes the book will inspire medical professionals to make less medical errors and inform parents of their rights. Too often parents are dismissed because medical personnel believe that they “know best.” However, when 98,000 die each year from medical error, doctors should listen their patients. To read more about Josie’s story, please click the link.

More people will die in the US this year from MRSA infections than from the swine flu or AIDS. The Journal of American Medicine Association estimates that 18,000 Americans die each year from MRSA infections. Statistics show that most people who develop MRSA do so after receiving care from a hospital or other health care facility. A report showed that 12 percent of patients who require home health care are released from the hospital with MRSA. These patients tend to be elderly or younger patients with weakened immune patients. People are the most common source of MRSA and they can spread it with hand-to-hand contact. A patient may be a carrier of MRSA and spread it to a doctor or nurse by shaking his or her hand. If the health care provider is not wearing gloves and fails to wash his or her hands, MRSA can negligently spread to other patients. One of the most common ways to prevent spreading MRSA is hand washing. However, studies show that through hospital negligence only 50 percent of hospital workers wash their hands regularly. Patients should ask their physicians and other health care providers to wash their hands before examining them to avoid medical mistake. Illinois has taken an extra step towards the prevention of MRSA by passing laws requiring hospitals to screen high-risk patients for the staff infections. If you or a loved one has developed MRSA it may be the result of medical malpractice and you should find an Illinois lawyer. To read more about MRSA, please click the link.

Recently the president of the Illinois Trial Lawyers Association discussed some of the falsehoods about medical-liability insurance that have been spread throughout Illinois. One is that doctors are fleeing Illinois because of insurance cost. In fact, the American Medical Association states that the number of doctors in Illinois has been steadily increasing over the past decade. The insurance industry tried to convince the public that medical negligence victims are responsible for the increase in health care costs. However, Illinois’ largest malpractice insurer reporting payouts have remained flat for the past 13 years. The last claim is that medical malpractice lawsuit reform would keep doctors from practicing “defensive medicine.” The Congressional Budget Office and Government Accountability Office have cast doubts on the existence of “defensive medicine.” It appears that doctors run more tests because it benefits their patients. The medical malpractice legislation in 2005 worked to reduce malpractice premiums. It also forced malpractice insurance companies to provide greater transparency on rate-setting and payouts. This motivated more companies to enter the marketplace and lower doctor’s premiums. Attacking the civil justice system will not provide the real reform needed for health care. The legal system has an important job of providing justice to those injured or killed by medical negligence. If there is such medical malpractice, a patient should not have to suffer the further indignity of a closed courtroom. To read more from the medical malpractice essay, please click the link.

A detailed safety analysis conducted on behalf of Hearst Newspapers found that at least one in six of the studied facilities had preventable deaths. These occurred from common procedures, including cases in which medical instruments were left inside patients and transfusions were done incorrectly. Many hospitals have poor performance in the safety indicators developed in recent years by federal health researchers. The study found that doctors fudge death certificates, leaving out information that would point to medical errors as a prime cause of death. One woman was reported to have died of pneumonia on her death certificate. However hospital records show she initially went to the hospital for a shot of diuretic to treat leg swelling and then contracted an infection which caused the pneumonia. The CDC is aware of the inaccuracies in death certificates. They stated that medical error is “often not reported” because it gives doctors problems down the road. Some groups say that a nationwide reporting system is too expensive and too difficult to implement. However, it may decrease the amount of medical malpractice cases. To read more about the medical errors, please click the link.

Although a study conducted 10 years ago stated that a mandatory nationwide reporting system for medical errors was imperative, one still does not exist today. The AMA and the American Hospital Association vehemently opposed an attempt by President Clinton to create a mandatory reporting system for serious errors. The groups launched a multimillion-dollar advertising campaign that said mandatory reporting would drive medical errors underground. If medical errors and infections were better tracked, they would top the list of accidental deaths. The recent study by Hearst Newspapers state that approximately 99,000 patients a year die as a result medical error. To read more about the mandatory reporting system, please click the links.

According to Joanne Doroshow, Executive Director for the Center for Justice & Democracy, a new study from the Americans for Insurance Reform called True Risk: Medical Liability, Malpractice Insurance and Health Care has been released with major findings. According to Doroshow, medical malpractice premiums are the lowest they have been in over 30 years. The premiums are “less than one-half of one percent of the country’s overall healthcare costs. Also, medical malpractice claims have dropped 45% since 2000.

Read more about the medical liability study here.