Illinois Medical Malpractice Blog

Medical malpractice refers to all cases where there are claims of professional negligence caused by doctors, nurses, and other care providers. Sometimes these are traditional negligence claims filed by the patient themselves when they are injured as a result of medical errors. At other times, when the patient dies as a result of the mistake, a wrongful death lawsuit is filed. In each case medical malpractice is the heart of the matter, but some of the procedural steps are different depending on who is actually bringing the lawsuit--the patient or a family members following a death.

Wrongful Death Suit after Surgery Delay
AL.com recently reported on a jury verdict in one of those wrongful death cases following medical malpractice. It is an example of the serious consequences of delayed treatment--in this case a failure to order emergency surgery in time. According to the story, the original case was filed by a widow after her 56-year old husband died on Christmas Day in 2008.

During trial the attorney for the widow explained how the man was first admitted to the hospital where the defendant doctor worked in late November of that year. He had severe gallbladder pain upon admission, and he ultimately stayed at the hospital for five days. Yet, he had only been back at home for two days before the pain was again unbearable and he went back into the facility. He stayed for another five days before yet another discharge.

The plaintiff’s attorney explained that “All of the doctors involved in [the man’s] treatment and care determined on the very first day of this admission that [he] gallbladder needed to be removed. However, the surgeon made the decision to wait on removing his gallbladder at that time.”

As before it was only a few days after his second discharge before the pain returned and he was again forced back into the hospital. This time he stayed in the facility for well over two weeks before ultimately dying. An autopsy was performed, and the coroner determined that the death was caused by a “pus filled gallbladder with severe inflammation and infection.”

After the relatively young man’s death, his widow sought the aid of an attorney and filed a wrongful death lawsuit. At trial, the lawyer’s explained how the delay in surgery to remove the gallbladder were unjustified. That delay ultimately led directly to the man’s death. Together this constitutes medical malpractice. The jury agreed with the plaintiff, reaching a verdict of $3 million against the surgeon and surgical center that were named as defendants in the case. It is unclear if those defendant’s plan on appealing the decision, though one lawyer did indicate that they were looking at their post-trial options.

As this sad situation reminds, timing is critical in so many medical situations. Unjustified delay is never appropriate. Also, “yo-yo” treatment with frequent discharges and readmissions should always be avoided, as it may be a sign that care in the original case was not appropriate or sufficient.

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Florida Moves to Drastically Limit Patient Rights

FDA Taking Another Look At Safety of Robotic Tools

We often point out how securing a successful verdict is sometimes only part of the legal battle. That is because securing a judgement which shows that you are owed money is only the first step in actually receiving that recovery. In some cases, the process is relatively straightforward, and insurance companies or other parties ensure their obligations are handled. At other times, more extensive efforts much be undertaken to force those responsible to pay what is owed.

Another complexity involves using those funds--either a settlement or verdict--to repay third parties who also have a stake in the matter. Most notably, this usually includes government sources which provided support following the harm, usually in the form of medical care. Reimbursing Medicaid, for example, can often result in delay and headaches for those merely wanting to end the matter and get on with their lives. Fortunately, the Centers for Medicare and Medicaid recently supported plans to change procedures in such a way that will hopefully eliminate delay in making reimbursement claims.

In addition, some state Medicaid programs often try to demand excessive reimbursements, adding even more controversy and delaying a final resolution even longer. For example, North Carolina came under significant scrutiny recently as a result of state laws which found an irrebuttable statutory presumption that Medicaid was entitled to one-third of any tort recovery for which funds were provided. Essentially, this means that the state could demand significant portions of any recovery for a plaintiff without clear explanation for why the state needed to be reimbursed that much. Because the presumption was irrebuttable, there was nothing that plaintiffs in the state could do to show how the one-third taking was excessive in their case.

Legal Challenge
Fortunately, legal advocates took up the matter and challenged the rule in federal court. The main argument was that the state requirements ran counter to federal laws, specifically the anti-lien provisions in federal Medicaid statutes. In most cases federal laws always “pre-empt” state laws on the same subject.

The case made its way to the U.S. Supreme Court (Wos v. E.M.A.). The high court ultimately upheld lower court rulings and struck down the state law. The court opinion explained how the federal law did not allow states to put liens on tort awards which were not specifically designated as necessary for medical care. The North Carolina law was a blanket one-third presumption, which would therefore not be tailored to the specifics payments for medical care provided to each plaintiff. This was a 6-3 opinion, with a dissent supported by Justices Roberts, Scalia, and Thomas.

The bottom line effect is a good one for judicial fairness and the rights of those harmed by the negligence of others in any manner of ways, including medical malpractice. Basically, this holding means that similar state laws will not be upheld. States will not be able to pass arbitrary rules so that they can take portions of a recovery without showing how taking those funds is specifically tied to reimbursement for medical expenses paid by the state program.

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Injuries Caused by Robotic Surgeries

The Dangers of “Cookbook” Medicine

A well-known doctor who has worked with many professional athletes, sports teams, and national events has come under fire for allegations of severe mistakes which caused harm to those in his care. The Aspen Daily News recently provided background on the story and explained the allegations against the medical professional. The tale is a reminder that all medical settings come with a risk of substandard care--even when the doctor is apparently at the top of his field.

State Investigation
According to the report, the doctor involved is known has been the medical director for ESPN’s X Games nearly since its inception on top of being the head team physician of NFL football’s San Diego Chargers for many years.

The state’s board of medical director recently admitted that the doctor has been under investigation for the past several months after allegations of gross negligence related to some of his medical services. Specifically, there are concerns about the standard of care provided in up to four different surgeries as well as the proper upkeep (or lack of upkeep) of medical records.

The state board officially charged the doctor with gross negligence for one hip surgery performed in 2007 as well as other misconduct. Per administrative protocols, the case now advances to a hearing--not yet scheduled--where both sides will likely be able to present information and argue their case before neutral decisionmaker. It is only then, if the doctor is found guilty of those charges, that he may face some penalty, ranging from permanent loss of medical license to probation.

Observers explain that the state board’s call for serious punishments as a result of their findings is significant. Not all who are investigated end up having the board make that recommendation. For example, according to record shared in the story, of the 185 cases of negligence brought to the state board last year, only 18 had their licenses revoked.

A healthcare academic explained, “It would appear that for this kind of action to be contemplated [license revocation], there is a basic question about safety being raised and whether the person would be able to practice in a way that would not harm patients. When you see a pattern of allegations brought against someone because they practice in a less than safe way ... it raises alarm bells.”

That pattern has likely been building against this doctor for years. Over the last fifteen years, at least 23 claims of medical malpractice have been brought against the surgeon. In the last two years alone, he lost two separate medical malpractice lawsuits, with total payouts to victims of nearly $7.5 million.

On top of all of that, the doctor has had a few problems outside of the medical setting as well. For example, in 2007 he was cited by the medical board for failing to disclose that he was convicted of driving under the influence. That is combined with ethics violations related to his upkeep of medical records--though the doctor is still fighting those claims. All told, there are very serious claims about this professional’s ability to practice safely. Patients need to be aware of those risks and regulations should only only his continued practicing if they can be sure patients are not exposed to harm.

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Legal Rights of Employees Who Report Fraud in Hospitals

Most Common Radiology Malpractice Suits

Contingency fees are a critical part of the civil justice system, used frequently on many personal injury cases and medical malpractice matters. The basic idea is that it is manifestly unjust for someone injured by the misconduct of another to be prohibited from seeking accountability because of their inability to pay up-front legal costs to bring the case. After all, the very reason that many lawsuits are filed is because of the precarious financial situation some are placed in after an accident. Life savings are often drained to pay for medical and other costs, and the injury often makes work impossible. It makes little sense to allow the wrongdoer to avoid accountability so long as they harm someone of less means.

That is where contingency fees come into play. The basic idea is that attorneys agree to bear the risk of the uncertain legal outcome and take a share of the award (settlement or verdict) only after it is received by the plaintiff. If no damages are received then the plaintiff is no worse off and the lawyer bears the loss of time and expenses paid up to that point. Overall, it is a common sense solution to ensure that everyone has access to justice no matter what their financial situation.

New Illinois Med Mal Contingency Law
Contingency fee practices for Chicago medical malpractice attorneys are governed by various rules including the Code of Civil Procedure and the Illinois Supreme Court Rules of Professional Conduct. These guidelines lay out many of the “Dos” and “Dont’s” of contingency fee arrangements. For example, attorneys cannot take on a criminal case on a contingency fee basis, because there is no possibility of financial recovery. Similarly, contingency arrangement in divorce matters are not allowed for similar reasons and because of the public policy interest in preserving marriage.

The rules also provide guidelines regarding how much a portion of an award an attorney may take. This usually hinges on the type of case at issue--anything from worker’s compensation matters to medical malpractice--as well as the amount of time and effort put in by the attorney before the final resolution. Some cases may be settled very quickly after the filing of the suit, while other may require a long and tedious discovery process with a settlement reached just before trial. These differences may affect the actual percentage of the final award that the attorney receives for his or her work.

Lawmakers sometimes tweak those rules. In fact, one proposal introduced this week on the Illinois General Assembly Senate floor (HB5151) does just that. The measure amends the Illinois Code of Civil Procedure to cap contingency fees for Illinois medical malpractice cases at 33.33% of all sums recovered. In the past a less wieldy determination was used which provided different fee levels based on the total amount recovered, with tiered percentages for the first $150,000 obtained, a lower percentage for the next $850,000, and even lower for any subsequent award. The newly proposed system is much more straightforward and transparent.

A full text of the bill can be found here. According to the information on the ILGA website, the Senate finally took action this week during it’s “lame duck” session, passing the bill on a full floor vote on a 36-15 vote. The House is set to vote on the matter next week. If it passes, the measure would be sent to the Governor who could make it law with his signature.

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New Levin & Perconti Illinois Med Mal Lawsuit Settlement

Hospital Design and Patient Safety

Our legal team at Levin & Perconti works with families throughout Illinois who have been harmed by inadequate medical care. Medical malpractice cases are often incredibly heart-wrenching, because they involve community members whose trust is violated by those on whom they thought they could depend.

Whenever a case is filed, one of the first things that happens is both sides begin collecting information about the situation which may be used down the road in court proceedings. This involves interviewing the individuals involved (like the patients and the doctor), collecting relevant documents (medical records), and similar fact-finding matters. The time associated with gathering all of this potential evidence is one reason why some of these cases take many months to sort out.

However, in more cases than not, all of that information gathering does not actually end with a trial and presentation of information to a judge or jury. Instead, after the details are uncovered, both parties in the dispute often reach agreement regarding fair compensation and accountability to resolve the matter. This settlement process is a good thing--it saves time and expense and expedites the judicial process.

Illinois Medical Malpractice Settlement
Recently, three of our Chicago medical malpractice lawyers, Steven Levin, Michael Bonamarte, and Cari Silverman worked on a case filed against the University of Chicago Medical Center. The lawsuit was filed following injuries sustained by a patient at the facility in early 2011.

In a story that is familiar to many community members, a 45-year old man was having chest pains, and so he went to his doctor for help. The doctor ordered him to have an magnetic resonance angiogram (MRA). The test is used to determine if one has aneurysms. Medline Plus explains that an aneurysm is a “ballooning” of an artery. When the aneurysm grows too large it can burst causing serious injury or even death. Many aneurysms are found in the aorta, the main artery originating in the heart and traveling through the chest. Fortunately, when caught, medical professionals can take action and prevent the bursting. Depending on the exact situation, medication or surgery might be needed to correct the problem.

The man in this case had the MRA performed on February 11th. But the test was not read right away. As a result, nothing was done and the man eventually had suffered a serious injury as a result of an aortic aneurysm and died on February 20th. The MRA test was not read until the following day, February 21st. If doctors had acted promptly and read the test, surgery would likely have been performed which could have saved his life.

After taking the case our attorneys were able to negotiate a settlement with the defendant-hospital in the amount of $4.5 million. The funds will be used to support the man’s wife, four children, and two grandchildren who were left behind.

Failing to read medical tests in a timely manner is often an example of medical malpractice. It is incumbent upon doctors to act in a reasonable manner to identify possible medical issues and provide appropriate treatment.

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Never Events Aren’t All That Rare

Hospital Design and Patient Safety

Another medical malpractice case went to trial and, according to a report from Seacoast Online, the jury returned a verdict in favor of the plaintiff. The suit stemmed from a misdiagnosis that the patient claims was caused by errors made by the plaintiff's radiologist. As with all misdiagnosis or delayed diagnosis cases, the plaintiff's argument was that if proper standards of care had been followed, then the proper diagnosis would have been reached in a timely manner, preventing harm to the patient.

Radiologist Liable for Failing to Diagnosis
The article summarizing the case explains that the plaintiff went to the hosptial in order to get help for a prolonged and severe headache. In addition to the headache, the woman began showing some neurological problems, indicating some brain issue. Her speech was slurred. In order to get at root of the problem a CT scan was performed. The results of that scan were read by the defendant-radiologist. That is where the problems originated, claim the woman.

The radiologist apparently ruled out most possible options She did note a few irregularities in the test results; however, she mostly dismissed those irregularities as "of doubtful clinical significance."

This was of little help to the patient whose condition continued to detereorate over time. Eventually she had to be airlifted to another location. At the new facility a second CT scan was conducted. The radiologist who interpreted those test results found clear problems. According to the suit in this med mal case, the second doctor found "bilateral intracranial hemorrhages with extension into subarachnoids from the superior sagittal sinus caused by thrombosis or stroke." Thanks to this second test, the woman was ordered immediately into surgery.

Later, another doctor viewed the same test results that the defendant had dismissed. That second doctor determined that the test did in fact show clear abnormalities.

Med Mal Lawsuit
In the aftermath of this medical situation, the woman and her husband filed suit aganst the radiologist at the first facility that failed to properly identify the brain problem. Specifically, the lawsuit states that the defendant-radiologist was negligent in disregarding the obvious abnormalities in the test results. The delay was not without consequences. The complaint noted that had the reslts been properly interpreted she would have received quicker treatment, resulting in the prevention of some of the more serious side effects of the stroke. The woman still requires extensive therapy to re-learn many basic skills. As with all brain injuries, the consequences can impact virtually all areas of an individual's functioning. Also, the woman was relatively young in this case and, as a result of the stroke, she may have problems down the road in a subsequent pregnancy.

After hearing all the evidence in the case, the jury returned a verdict in favor of the plaintiff. She was awarded $5 million for the far-reaching consequences of the medical error. The jury found the radiologist entirely at fault. The defense had previously argued that the ER team also played a role in their failure to respond to possible concerns raised by the radiologist. However, that argument was rejected by the jury.

If you or someone you know may have been affected by a misdiagnosis or delayed diagnosis in the Chicago area, please get in touch with the legal professionals at our firm to see how we can help.

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Only a minority of medical malpractice cases that are filed go to trial. That is either because the others are dismissed or result in a pre-trial settlment. Matters that go to trial are more costly, because more expensive legal work is required. In most cases, it is preferable for the parties to reach an agreement on an amount of compensation that avoids those expenses and ensures fair redress for the harm caused. However, there are times when those settlements cannot be reached. That usually results from one of two situations. Either the parties are not on the same page when it comes to a specific settlement amount or the defendant refuses to believe that they were actually negligent. Therefore, trials in malpractice cases are most common in situations where the amount of damages is disputed and in cases where the existence of negligence is a close call and could go either way.

In any event, when a case does go to trial, one of the most critical aspects of the resolution stem from evidentiary rules. Clients are often surprised by the complexity of these procedural rules about what can and cannot be said. It is not necessarily as simple as having any piece of information that might be relevant introduced at trial. Just because something is relevant is not the deciding factor--other barriers exist. Arguing over those barriers is often extensive. The evidentiary decisions are made by the judge, not the jury, and therefore may form the basis of an appeal by the party losing a case.

Medical Malpractice Appeal
For example, the Mitchell Republic published a story recently on an appeal reaching a state Supreme Court regarding the admissability of certain evidence in a medical malpractice case. The matter stems from a wrist surgery in which a metal plate and screws were installed in a wrist. The patient claims that the screws were placed in such a position that is caused her extreme pain. She asked for compensation for the pain and medical bills.

The patient had a video deposition taken of an orthopaedic surgeon who claimed that the doctor in this case breached the standard of care by failing to explain to the woman the risk of complications regarding the placement of the screw. However, the trial judge excluded the section of the video at trial. The jury was only allowed to see a portion of the video where this statement was not made. The judge did not allow that section of the tape to be displayed becase, he ruled, the plaintiff's attorney did not properly disclose the section to the defense counsel before trial. There are strict rules about how information needs to be shared between both sides in a civil law case.

The plaintiff attorney contests the matter and argues that the proper disclosure was given. Therefore, the exclusion of the full video at trial was in error which caused harm to the patient's case. He made that argument in front of the state's Supreme Court this week. Depending on the court's decision, the matter may be done for good or it may be sent back for a re-trial with the full extent of the case heard by a new jury. Also, if sent back, it is possible for the parties to decide to settle the matter.

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Cleanliness Program Leads to MRSA

Towel Left in Patient After Surgery

Even though most civil cases do not make it to trial, an attorney must be prepared to go all the way in every single case from the start. That is because it is impossible to know for sure how the legal process will unfold. A lot depends on the approach taken by the opposing side and the information that becomes available as the case is investigated. Being prepared for everything is essential in solid advocacy, and our team of lawyers at the law firm of Levin & Perconti are proud to take that to heart.

For example, just last week we won two jury verdicts, one of which invovled a case of medical malpractice. Please click here to read more about this important series of wins for our clients.

Verdict for Plaintiff in Chicago Medical Malpractice Case
Associate Margaret Battersby Black sat first chair in the case with associate Cari Silverman acting as second chair in the Illinois medical malpractice case. The suit stemmed for a tragic fall that the loved one of our client took while at Northwest Community Hospital. Thhe 88-year old woman was in the facility's radiology department when she fell off an examination table. These sorts of incidents are dangerous for anyone, but the risks are heightened when seniors are involved. Their vulnerabilities and fall risks must be taken into account by medical professionals.

The tumble caused significant injuries. Sadly, the senior passed away a few months after this incident. Our attorneys were able to show that the death was caused by the injuries sustained in the fall at the medical facility. The hosptial admitted their liability in the matter, but there was strong disagreement over the damages. However, over the course of the trial, which began on October 29th and ended on November 1st, our team was able to present a clear case to the jury. As a result, the jury returned a verdict in favor of the woman's family for the wrongful death for over $580,000.

Second Win
The very next day after the medical malpractice verdict was anounced, a team of our Illinois nursing home lawyers earned a $650,000 verdict after a nursing home resident died due to a fall at the facility. Veteran nursing home attorney and firm partner John J. Perconti led that team along with associate Patricia Gifford who was second chair in the case.

Like the medical malpractice case, this nursing home matter involved a deadly fall that caused serious injuries and lead to a death a few months later. Because the matter involved claims under the Illinois Nursing Home Care Act, the defendants in the case will also be required to pay for attorneys fees.

All of us at Levin & Perconti are committed to going the extra mile to ensure that those we represent receive the full value of all of their losses. Often that can be accomplished via a settlement without the need to go to trial. However, in cases where an agreement cannot be reached, we are prepared to do whatever it takes to provide fierce representation through trial. If you or someone you know has been hurt by a medical mistake or any other form of negligence, please take a moment to get in touch with our team and see how we can help.

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Cleanliness Program Leads to MRSA

Towel Left in Patient After Surgery

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.

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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.