Illinois Medical Malpractice Blog

Over ten years ago a family’s life was forever altered following a birth injury that occurred at the Advocate Lutheran General Hospital in Park Ridge, Illinois. Several of our Chicago malpractice attorneys at Levin & Perconti filed a lawsuit against the negligent medical professional and hospital involved in the error to help vindicate the rights of the injured child and her family. The suit was settled today with the hospital and the physician providing the family with $6.5 million. Two of our attorneys, John Perconti and Patricia Gifford, represented the family in the ordeal.

There were no apparent complications when the victimized mother was brought to the Lutheran General around 3:30 in the morning on September 26, 2000. The mother had not had any complications during the nine month pregnancy—a normal delivery was expected. Yet, problems arose during the pregnancy itself for which the medical team involved failed to account. Specifically, the nursing and delivery doctor failed to notice the fact that the child’s head was too large to fit through the mother’s pelvis—a condition known as cephalic pelvic disproportion.

The problems did not end there.

Medical professionals also gave the mother Pitocin, a labor inducement medication that was unnecessary because contractions were normal at the time. Four hours later the baby had not descended. Signs were present that indicated fetal hypoxia—oxygen deprivation to the child. The oxygen problem continued for over 15 minutes. Yet the medical professionals took no notice. Following even more complications the obstetrician ordered a Cesarean Section, but the anesthesiologist improperly anesthetized the mother forcing her arms and legs to be held down while the incision was made.

When the baby girl was finally born she suffered from cerebral palsy and mental retardation because of the oxygen deprivation. The now ten year old girl has trouble walking, minor cognitive defects, and needs assistance dressings, bathing, and using the bathroom. Her family will need to provide on-going medical care for the rest of her life.

Our Chicago malpractice attorney John Perconti explained, “The unfortunate mix of an inexperienced family practitioner practicing obstetrics and an inexperienced labor and deliver nurse caused a relatively common labor abnormality to go unrecognized, untreated and undiagnosed until it was too late.”

Please Click Here to learn more about this malpractice lawsuit settlement.

See Our Related Blog Posts:

Jury Finds Doctor Guilty of Medical Malpractice During Childbirth

Mother Collects $5.5 Million for Son’s Birth Ordeal

The Washington Post reported this week on a settlement in a particularly troubling case of medical deceit. The situation involved a relationship that St. Joseph Medical Center had with MidAtlantic Cardiovascular Associates—a cardiovascular group co-founded by Mark D. Midei. Midei is a cardiologist who has been charged with medical fraud, causing hundreds of patients to undergo unwarranted heart procedures.

St. Joseph hosptial was charged with taking kickbacks from MidAtlantic in exchange for referring patients to MidAtlantic for “lucrative cardiovascular procedures.” The illegal relationship reportedly took place over a ten year stretch from 1996 to 2006. The kickback was disguised as a payment for services but was instead an attempt to hide the illegal referral scheme. Of course, referral payments in this way incentivize costly, dangerous, and unnecessary treatments. That sort of relationship makes money the object of medical care instead of the needs of the patient.

Dr. Midei eventually left his job at MidAtlantic to work full-time for St. Joseph, taking a high profile seven figure salary. The employment lasted until 2009, when accusations about Midei’s falsification of records led the hospital to contact hundreds of its former patients and warn them of the possible error.

The hospital explained that it “reached the agreement without admitting liability in order to avoid the expense and uncertainty of litigation.”

Continue reading "Settlement Reached in Hospital Scheme Causing Unnecessary Procedures" »

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 New York Times is reporting that a jury has awarded former Dolphins player O.J. McDuffie a $11.5 million medical malpractice verdict. This medical error was committed by a prominent physician and ended the football player’s career. The medical malpractice trial lasted for 2.5 weeks and discussed the career-ending toe injury. The doctor was a former Miami Dolphins team doctor.

The medical malpractice lawsuit alleged that there was negligence and malpractice after the football player received treatment for his toe injury. This injury was originally suffered in 1999. The Dolphins doctor had told the player that he could continue to play football despite MRIs that said the toe had tendon damage. He also had several other medical malpractice settlements with other doctors. To read more about the medical malpractice verdict, please click the link.

When people become victims of medical malpractice, they are entitled to receive compensation for future medical care and pain and suffering. These medical malpractice victims are also entitled to receive compensation for lost wages that they may have incurred due to the medical malpractice. This verdict reflects that lost wages can vary from patient to patient. Since this medical malpractice victim was an NFL football player, he was entitled to larger wages, which made his medical malpractice verdict quite high. The jury had awarded the player $10 million of lost earnings. McDuffie was a first-round draft pick with a sizable professional career. If you have been a victim of medical error, please consult a Chicago medical malpractice lawyer.

NJ.com is reporting that a family has been awarded an 18.5 million medical malpractice verdict against a hospital and an obstetrician. The medical malpractice lawsuit alleged that he doctors were not quick enough to perform an emergency C-Section on the boy in 1998. This then resulted in birth delay which caused the victim’s cerebral palsy. Medical experts testified that if this baby had been delivered just eight minutes earlier, he would not have been inflicted with cerebral palsy. This small timeframe resulted in a medical error that is going to change this young boy’s life forever.

The boy’s mother also had a legal suit against the doctor and hospital, but unfortunately she died from unrelated causes six years ago. The medical malpractice lawsuit will help take care of the victim for the rest of his life. His new adopted mother is pleased with the medical malpractice verdict. The jury deliberated for two days before handing down the verdict. The boy is now 12 years old. He will need extra care to help with his cerebral palsy.

When physicians fail to perform c-sections in a timely manner, birth injuries can occur. One possible birth injury is cerebral palsy, which the person will suffer from for life. Cerebral Palsy is an encompassing term that groups disorders that appear during the first few years of a baby’s life. It affects a child’s muscle systems and leaves them either weak and floppy or rigid and stiff. If your child is a victim of cerebral palsy, please consult a Chicago medical malpractice lawyer.

A medical malpractice victim has settled with an Illinois hospital, a nurse midwife and the nurse’s employer for a $9.5 million medical malpractice lawsuit. The victims had alleged that the hospital was a fault for causing their son’s cerebral palsy. The victim’s mother was admitted to the hospital in 1996 while she was in labor with her son. The nurse had failed to promptly get a doctor when the mother requested one upon experiencing complications. The Illinois judge and mediator agreed to the medical malpractice settlement and believed it was good for both sides. This case took place in an Elgin hospital. To read more about this medical malpractice settlement, please click the link.

In the United States alone, about 10,000 babies per year will develop cerebral palsy. About two-thirds of those children will be mentally impaired. One cause of cerebral palsy is birth injury or birth trauma. Medical negligence, such as careless handling of the child’s cranium or an undetected oxygen blockage in the child’s brain is a factor in cerebral palsy cases. There are two factors that can indicate potential dangers during prolonged labor. These include the baby getting “stuck” in the birth canal with no oxygen supply. Also, if your water broke and your doctor didn’t make sure that you delivered within 24 hours you should alert someone immediately. If your child developed cerebral palsy as the result of medical negligence, consult a Chicago medical malpractice lawyer. To learn more facts about cerebral palsy, please check out the link.

A medical malpractice victim was awarded a $1.5 million settlement for the pain and suffering he incurred at the hands of hospital employees. This man was originally suffering from diabetes and chronic pancreatic pain when he sought the aide of hospital employees. He was admitted to the hospital where he sought treatment for complications from his pancreatic disease in 2005. Court documents show that a nurse inserted an IV containing the drug Phenargen for anti nausea and inserted Demerol for pain. She inserted the IV into the patient’s wrist. When medical personnel checked on his condition an hour later he appeared to be in good condition. However, approximately 9 hours after the IV was inserted the site appeared to be “painful and swollen.” Forty five minutes after that the needle needed to be removed.

LawyersandSettlements.com is reporting that the man was then transported to a different hospital where he immediately underwent surgery on his wrist. The surgeons, however, were unable to save the victim’s thumb. The victim had to endure multiple additional surgeries in order to save his hand. A medical investigation concluded that the nurses had allowed the drugs to infiltrate the tissue surrounding the IV needle. To read more about this medical malpractice case, please click the link.

This type of medical error, one that leaves the patient without the use of appendages, has become all too common. The Chicago medical malpractice lawyers at Levin & Perconti settled a medical malpractice case where a premature baby lost her finger in the same manner, through the improper insertion of IV drugs. Please contact a Chicago medical malpractice attorney if you believe you have been a victim of medical malpractice.

A jury has awarded a medical malpractice victim $10 million. The Orlando Sentinel is reporting that the jury found the ambulance service at fault for the victim’s son’s premature birth injuries incurred in the ambulance. The medical malpractice trial lasted two-weeks. The jury decided that the company was negligent for transporting the woman when she gave birth to her son en route to the hospital. The boy is now six.

At the time of the birth he weighed 1.7 pounds and suffered a lack of oxygen to the brain. This left the boy suffering from cerebral palsy. While no amount of money will make up for the damage that her son has occurred, the victim is pleased with the outcome. The original medical malpractice lawsuit also included the hospitals and doctors. All of these defendants settled with the plaintiff for a total of $1.4 million last year. The medical malpractice lawsuit alleged that the victim first went to a medical center suffering from pain and premature labor. The emergency room physician believed that she should stay and be treated at the hospital, but an ambulance was called to transport her to another hospital. The boy was born about 15 minutes into the trip but had trouble breathing. CPR needed to be performed.

Cerebral Palsy, which involves lack of motor function, can result as a result of medical negligence. If your child has cerebral palsy, please contact a Chicago medical malpractice attorney. To read more about this specific medical malpractice trial, please click the link.

A Gurnee, Illinois family has won a $29.1 million verdict in a medical malpractice lawsuit that was decided in federal court. The Daily Herald is reporting that the verdict benefits the 6-year-old victim who is now a quadriplegic suffering from cerebral palsy. The boy was delivered with the birth injury in May of 2003 at Northwestern Hospital in Chicago.
The medical malpractice lawsuit was brought in federal court because the doctors guilty of the medical error worked for a federally funded clinic in Chicago, the Erie Family Health Center. The medical malpractice lawsuit was also filed under the Federal Tort Claims Act, which allows victims to sue the federal government. Filing under the Federal Tort Claims Act requires a bench trial without a jury. Thus, Northern District of Illinois Judge Amy St. Eve was responsible for handing down the medical malpractice verdict. While the verdict was for $29.1 million, this will be setoff by a previous $6.5 million settlement reached with the hospital last year.

Cerebral Palsy is a common birth defect that can be a result of medical malpractice. When doctors leave a baby in the birth canal too long, cerebral palsy may develop. Cerebral Palsy affects a child’s movement and posture and can result in involuntary or uncontrolled movements. This birth injury often requires lifelong medical care and treatment. If your child suffered cerebral palsy as the result of medical error, please consult a Chicago injury lawyer. To read more about this Illinois medical malpractice , verdict please click the link.

The family of a victim who wrongfully died of sepsis at a hospital will receive $1.44 million after a jury determined that his doctor failed to provide him with proper care. The medical malpractice verdict was declared several weeks after this specific hospital notified almost 530 patients that they may have received unnecessary coronary stent implants. The Baltimore Sun is reporting that two physicians in addition to the hospital were named in the medical malpractice lawsuit.

The victim had endured several tests which included an X-ray and a CT scan to determine what was wrong. The doctor believed that the victim was suffering from some sort of infection but believed it to be pneumonia. Finally, a test determined that the victim was suffering from sepsis but the doctor was unaware of the source. He treated the victim with a broad-spectrum antibiotic and admitted him. To read more about the medical malpractice verdict, please click the link.

Reports have shown that nearly 48,000 patients die each year from pneumonia and blood-borne infections. This epidemic has become a widespread problem in hospitals throughout Illinois. Sepsis is a blood infection that can develop after surgery. Patients who developed sepsis after surgery will end up staying nearly 11 days extra in the hospital. This will cost an additionally $32,900 per patient. Most importantly, 20 percent of these people die of sepsis. If you have developed sepsis at a hospital, please contact a Chicago medical malpractice lawyer. To read more about sepsis statistics, check out this link.

The New York Times has reported that an Arena Football League player filed a medical malpractice lawsuit claiming that a team doctor has misdiagnosed his concussion two years ago. This medical error has resulted in a permanent injury for the football player. This is the first medical malpractice lawsuit filed that speaks to the malpractice associated with concussion care in football. The player was a kicker for the A.F.L. in 2008 when he sustained a series of hits to the head over several games. The medical malpractice lawsuit claims that the team physician treated him only for a headache and “failed to properly evaluate and observe” his condition before clearing him to play.

This lawsuit is not the first in a series of brain injury lawsuits filed by football players. In November of last year, La Salle University settled a lawsuit in the amount of $7.5 million filed by a player severely injured by a concussion that he claimed had been mistreated by university medical staff. Also in 2000, Chicago Bear player Merril Hoge received a $1.55 million jury verdict in a brain injury case against the team’s physician Dr. John Munsell. Once again, it was alleged that the team’s physician medical error led to a more serious brain injury. Brain injuries in sports have been a closely watched topic. Professional sports doctors must be extremely cautious when clearing players to participate in any type of physical activity. To read more about the current medical malpractice lawsuit, please click the link.

The Washington Post is reporting that a jury has awarded the family of a medical malpractice victim nearly $3 million. The victim was a man who died after his esophagus tore while he was swallowing a piece of steak. The medical malpractice jury found that the radiologist was liable for misdiagnosing the man’s condition as a hiatal hernia. The state’s medical malpractice cap will require the jury’s award of $2,933,500 to be cut by more than half. This puts the ending jury verdict at $1.25 million. The anesthesiology group also agreed to pay a settlement of $600,000.

The victim had entered the hospital complaining of chest pains and trouble swallowing after he had eaten the steak. When he entered the hospital he stated that the piece of meat went down the wrong way. In reality, the piece of meat had gotten stuck in this throat. At the hospital he was given a number of tests which included an EKG, an X-Ray and a CT scan. The computer stated that the victim had a “large hiatal hernia” and doctors treated him with oral medicine. However, his pain did not decrease. Doctors continued to try to diagnose his chest pain. Finally, after a day of searching a surgeon found the victim’s perforated esophagus. He was immediately prepared for surgery and an epidural catheter was inserted. Court documents show that after the catheter was inserted the victim went into cardiac arrest. He had been severely weakened by the perforated esophagus which caused his cardiac arrest. The man died less than two weeks after his surgery.

This case highlights two aspects of medical malpractice law. First, it is yet another example of the 98,000 people who die annually as a result of medical malpractice. Second, it shows that medical malpractice caps are quite misleading. The jury was never told about the state legislation and hoped that the victim’s family would be justly awarded nearly $3 million in compensatory damages. However, the family was impacted by an unconstitutional state malpractice law. To read more about this specific case, please click the link.

The family of a 6-year-old boy who wrongfully died after he was struck in the head by an oxygen tank reached a $2.9 million settlement with the hospital. The boy was lying in an MRI chamber when the machine’s magnets pulled in a metal tank that a staff member had brought into the MRI’s magnetic field. The victim’s family then filed a medical malpractice lawsuit. This death is one of the 98,000 deaths that occur due to medical error. To learn more about the medical error, please click the link.

A couple has received a $16.5 million verdict in a medical malpractice case against a neurosurgeon. The jury deliberated for eight hours. The man was injured while off-roading his vehicle. He had a fractured spine and was not seen by a doctor until the next day. He was operated on two days after the injury and left the hospital a paraplegic. The victim recovered for past and future lost earning, medical costs and damages for pain and suffering. Medical personnel must be extremely efficient in order to avoid medical malpractice. To learn more about the medical malpractice verdict, please click the link.

Hospital doctors have settled a medical malpractice lawsuit filed with a couple for $2.5 million. The victim was treated for dehydration which was the result of a gastrointestinal-related condition. The medical malpractice lawsuit claims doctors infused her with nutritional supplements through an IV in her subclavian artery, just below the collarbone, instead of the subclavian vein, where it was supposed to go. The medical malpractice lawsuit alleges that the erroneous placement caused fatty blockages to travel to her brain for five consecutive days which caused severe and debilitating stokes and neurological and cognitive devastation. The victim is now mentally and physically handicapped. The lawsuit alleged that the strokes were the result of improper medical care. Avoidable medical error can drastically change a person’s life. To learn more about the medical malpractice lawsuit, please click the link.

A jury has returned a $20 million verdict in an anesthesia medical malpractice lawsuit filed by the family of a woman who died during surgery when bile entered her lungs. The wrongful death lawsuit alleged that the anesthetists failed to identify that the victim had risk factors for breathing fluid into her lungs, despite the information being available in her medical record. The victim was preparing to receive exploratory surgery to determine the cause of severe stomach pains when she received the anesthesia. Once anesthetized, she began breathing bile into her lungs. She then later died. The victim’s family alleged that the defendants did not examine the victim’s abdomen or medical records before giving her anesthesia. If they had examined the patient they could have prevented her wrongful death. The jury awarded $20 million in favor of the plaintiff. Anesthesia deaths accounted for more than 2,200 deaths between 1999 and 2005. A little over 46% of those deaths are due to anesthesia overdose. To read more about the jury verdict, please click the link.

A $1.2 million medical malpractice settlement was reached for a woman who lost the vision in one eye due to complications resulting from negligently performed cataract surgery. The damage to the patient’s eye occurred when the surgeon attempted to inject anesthesia at the state of the operation, through what is known as a peribulbar block. The medical error occurred when the needle was misdirected. This was caused by inadequate preinjection anesthesia which caused the patient to feel the injection and move. The result was the victim’s loss of eyesight in the damaged eye. Anesthesia medical errors are some of the most common and destructive types of medical malpractice in America. To take a closer look at the medical malpractice settlement, please click the link.

A jury found that two doctors at a hospital had caused the death of a 3-year-old Pennsylvania boy and voted to award his parents $15 million in medical malpractice damages. The actual damage award will be less because of an agreement reached by the parties before the verdict. He was born in July 2001 with a complex but usually treatable birth defect that affects the flow of blood through the heart. The defect was particularly serious and prevented his blood from carrying enough oxygen to his organs and limbs. The boy died in December 2004, a year and a half after undergoing a procedure at the hospital for a birth defect. The victims stated that he believed that the doctors lied about their actions when treating the victim. The boy went into the hospital “a playful and active little boy” and left by ambulance to a neurological rehabilitation facility. To read more about the wrongful death lawsuit, please click the link.

The Illinois Supreme Court did not rule on whether the state’s four-year-old medical malpractice reform law will survive, as it was expected to. The next batch of Supreme Court opinions is expected in mid-January. The ruling could directly impact the constitutionality of damage caps for doctors and hospitals. It is being watched closely by the health care industry and employers who see caps on damages as a way to tame rising health care costs. Twice before in state history Illinois lawmakers have adopted caps, and both times the Illinois Supreme Court nixed them. Cook County Circuit Judge Diane Larsen decided that caps on malpractice awards violated the Illinois Constitution’s “separation of powers” clause, stating the legislation can’t interfere with the right of juries and judges to determine fair damages. The first case to test the law is that of a 13-month-year-old girl who suffered severe brain injury during birth. The lawsuit charged the hospital, her doctor and her nurse with medical negligence. Medical malpractice caps do nothing but further injure an already distraught victim. To learn more about the delayed ruling, please click the link.

The Illinois Supreme Court is expected to release its opinion on the constitutionality of medical malpractice damage caps on Thursday morning. The Illinois Medical Malpractice Act of 2005, which capped non-economic damages such as pain and suffering to $500,000 doctors and $1 million for hospitals, came before the court in the case of Abigaile Lebron v. Gottlieb Memorial Hospital. In 2007, a Cook County Circuit Court Judge stated that the medical malpractice caps were unconstitutional. The law does not limit actual damages, including medical expenses and lost wages. To read more about the crucial upcoming case, please click the link.