Illinois Medical Malpractice Blog

A jury awarded a woman nearly $3 million from a medical malpractice suit she had filed against a physician group for a bowel leak during surgery that was to remove a cyst on her ovary. The leak was not discovered until 10 days later although the doctors should have seen it earlier through images taken of her uterus. Due to this mistake, the woman was left with a large abdominal hernia and permanent scars. The woman’s medical malpractice attorney said the judge will reduce his client’s jury award due to malpractice caps in their state.

Read more about the jury award for medical malpractice here.

A man was awarded $1.21 million in a medical malpractice lawsuit he filed against his podiatrist. The man’s medical malpractice attorney claimed his client saw his doctor for foot pain when the doctor incorrectly diagnosed the man and performed unnecessary surgery on him. However, the jury award of $1.21 million will be reduced due to a medical malpractice award cap. The judgment will be reduced to $750,000.00.

Read more about the medical malpractice award here.

A medical malpractice insurance group claims it should not have to cover a physician in a medical malpractice lawsuit. Intermed claims the proper documentation was not filed by the physician and its clinic and thus did not have to cover the physician in a settlement against him. The insurance group also claims that the physician and clinic did not submit the proper documentation before their policy ended with the insurance group. The court found that Intermed was properly put on notice and must cover the physician and clinic.

Read more about the medical malpractice insurance group here.

A woman was awarded $2.9 million for a medical malpractice claim against her hospital, doctors, and their professional corporations. The woman claims the doctors negligently performed an exploratory laparotomy that resulted in “serious medical complications including infection” which led her to seek a medical malpractice attorney.

Read more about the medical malpractice award here.

An 18 month old girl died after having an allergic reaction to penicillin given to her by her hospital. The penicillin was supposed to cure an eye infection. The girl’s family filed a Chicago lawsuit against St. Francis Hospital and Health Center in Blue Island for her death in which they claim the hospital also destroyed material evidence to their lawsuit. The hospitals settled with the family for $3 million dollars.

Read more about this large medical malpractice settlement here.

A medical malpractice attorney has filed a motion for a new trial after blaming a local paper for jury tampering. According to the plaintiff’s medical negligence attorney, agents associated with the newspaper handed out copies of the publication near the courthouse while the trial was taking place. The paper allegedly was covering the trial as it happened and that lead the plaintiff’s attorney to accuse the paper of jury tampering. The client sued her physicians for their delayed diagnosis of breast cancer. To read more about the medical malpractice attorneys’ allegations, follow the link.

Ed McMahon settled a medical malpractice lawsuit against the hospital for an alleged failed diagnosis, botched operations, and other claims. The settlement has not been confirmed as of yet. McMahon’s attorney in the malpractice settlement is the only one to confirm. No details have been released as to how much the parties settled on.

Read more about the hospital malpractice settlement here.

The federal government is seeking over $1 million from two doctors who were negligent in the case of a former military diesel mechanic. According to a report, the victim suffered personal injuries in a series of surgeries performed by the doctors. These injuries ended his military career. After his injuries occurred, the victim received medical care at the Bethesda Naval Hospital. There, the government paid for the victim's medical care and wages. In the victim’s personal medical malpractice case, a jury recently found the doctors to be negligent and ordered them to pay $1.6 million to the victim. Read more about this federal medical malpractice lawsuit.

In 2005, a woman went into surgery to relieve pain in her right arm. During the cervical discectomy procedure, the surgeon negligently hit the victim’s spinal cord with a bone plug, causing her to lose all feeling and movement from her chest down. This surgical error left her permanently disabled and altered her life forever. Recently, medical malpractice attorneys brought her suit to court and a jury awarded her over $10 million for pain and suffering, compensatory and noneconomic damages.

Read more about this medical malpractice lawsuit by following the link.

A jury ordered a hospital to pay $5.8 million in a medical malpractice case to an anesthesiologist who suffered serious infection after having back surgery. The doctor was a staff member of the hospital where the surgery took place. The medical malpractice lawsuit claimed that his surgeons used instruments that were not properly sterilized and the surgery site became infected as a result of this negligence. The plaintiff had to have five additional surgeries as a result of this hospital-borne infection. His attorneys also noted that he would be on pain medicine for the rest of his life and would work less because of this hospital’s negligence.

To read more about this case of medical negligence follow the link.

A jury awarded a woman $2.5 million in a medical malpractice case in which a surgeon left a sponge inside of her body during a hysterectomy. The woman was unaware of this surgical error until three years later when she began to have health problems. After discovering the sponge, doctors performed surgery to remove it. However, the sponge had caused intestinal problems, and in addition to having the sponge removed, doctors had to remove part of her small intestine. According to her attorney, this caused constipation, diarrhea, abdominal pain, depression and anxiety.

Please follow the link to read more about this medical malpractice verdict.

Advocate Health Group, the largest medical care provider in the Chicago area, allegedly “overcharged uninsured patients for services provided.” The Chicago hospital group settled about $3.8 million with the class action alleging the claims against the health group for the overpaid money. As part of the settlement, the Illinois hospital group will provide charity care to patients that are uninsured.

Read more about the Chicago Heath Group settlement here.

A man won $17.5 million in a medical malpractice suit against a doctor who failed to treat him correctly after contracting MRSA. The plaintiff contracted the hospital borne infection after having ulcer surgery. Due to the doctor’s failure to treat his infection with proper antibiotics, the man lost both his arms and legs from the MRSA infection.

Due to state medical malpractice caps, the plaintiff only received $250,000.

Read more about the MRSA medical malpractice lawsuit here.

A lawyer won $7.5 million for her client whose doctor “failed to correctly diagnose and treat a hospital infection that led to gangrene in both his arms and legs.” The patient originally went to the hospital for ulcer treatment but then had to have his limbs amputated from his doctor’s negligence. The infection the patient had contracted was methicillin - resistant Staphylcoccus Aureus which is a common infection found in hospitals. Although the patient informed the doctors at the hospital of his symptoms that were clearly MRSA signs, they failed to diagnose him.

Read more about the lawsuit here.

A district county returned a $2.5 million verdict for wrongful death of a 27 year-old patient. The jury returned the verdict in a medical malpractice lawsuit involving a missed cancer diagnosis of a 24-yearo-old female patient. The patient continued to go to her doctor complaining of blood in her stools and pain. After 7 months of continued visits complaining of the rectal bleeding and pain she was rushed to the hospital where it was realized that the woman actually had colon and rectal cancer. The woman was diagnosed with aggressive colon and rectal cancer. She died of advanced cancer in 2007. The family has sued the doctor and his nurse claiming medical negligence for not properly examining the woman, discounting her symptoms and missing her cancer diagnosis. To read more about medical malpractice, click here.

A jury recently awarded $2 million in a medical malpractice lawsuit to the family of a woman who died after being given medication following the delivery of her baby. The jury determined that the doctor was negligent in giving medication to the new mother.

For the full article.

In a move with far reaching effects on people without health insurance, two Illinois hospital systems have agreed to settle lawsuits alleging that they overcharged thousands of uninsured patients and provided inadequate financial assistance.

For the full article.

A state’s Supreme Court will hear arguments in a civil case in which four physicians were cleared by a jury of medical malpractice in the misdiagnosis of a child with Rocky Mountain spotted fever. The decision could have a lasting effect on medical malpractice lawsuits and whether defendants can be excused for not foreseeing the impacts of their acts. The state Supreme Court is deciding whether the jurors should have been given certain legal instructions regarding hindsight prior to deliberating the case of the child. The parents alleged that the physicians were negligent when they failed to spot the symptoms of the rare tick-borne illness in their child. The doctors initially thought the child suffered from an enterovirus. They claimed their son suffered permanent brain damage. The state Supreme Court will consider whether an instruction given by the presiding judge regarding hindsight is an inaccurate or confusing statement of law that should be overturned. The instruction states “negligence consists of foreseeing and guarding against that which is possible and likely to happen, not against that which is only remotely and slightly possible.” To read the full story, click here.

Dennis Quaid, the Hollywood actor, agreed to a $750,000 medical malpractice settlement with a hospital after their twins were given a lethal dose of Heparin. The hospital gave the babies a 10,000-milliliter unit dose of Heparin, a blood thinner, made by the Baxter Healthcare Corp. instead of the prescribed 10 milliliters. The twins struggled for their lives after the lethal overdose of Heparin. Fortunately, the twins survived the lethal overdose administered by the healthcare providers at the hospital. A petition filed in the court shows that the Quaids and the hospital have agreed on the parents’ damages, but can still pursue medical malpractice claims for their children. To read the full story, click here.

A family of an inmate who died after officials ignored his plea that he needed medical help has filed a wrongful death lawsuit against the city and jail. When the inmate collapsed, a nurse requested a deputy to administer CPR and the deputy was negligent in laughing and walking away.

For the full article.

The parents of a 7-year-old boy who died after he contracted the West Nile virus from a tainted blood transfusion asked a state’s Supreme Court to restore an $8 million jury verdict against a blood bank. The justices have also been asked to decide whether all blood banks are covered by the state’s medical malpractice suits, which include special procedures and limits on damages and attorney fees, rather than general negligence laws. The American Red Cross and two national blood bank associations are participating in the case through a written “friend-of-the-court” argument that sided with the defendant, a blood bank. The appellate court overturned the negligence verdict in the death of the young boy. It ruled the boy’s estate should have filed a notice to the blood bank before suing as required for a medical malpractice claim. The parents argued that the appellate ruling violates his clients’ right to access to the courts, saying it would be impossible to comply with the medical malpractice requirements. This is due to the fact that the parent’s couldn’t obtain records on the donor they’d need to file a preliminary notice because of patient confidentiality laws. To read the full story, click here.

The family of a 27-year-old mother of nine who died in Stroger Hospital in Chicago, Illinois three years ago will get $9.8 million to settle a medical malpractice suit. The woman died after bleeding during a pregnancy. The Cook County Board authorized the medical malpractice settlement in the case. According to the suit, medical personnel at the Chicago hospital failed to give the woman blood-clotting products in a timely fashion after she began bleeding and collapsed in August 2005. She was 31 weeks’ pregnant and her baby did survive. To read the full story, click here.

Claims based on hospital infections are becoming the focus of many medical malpractice suits. Recently a jury awarded $13.5 million in a medical malpractice case to the family of woman who died of an infection caused by flesh-eating bacteria that she contracted during cancer treatment. Then a woman reached a $16 million medical malpractice settlement alleging that the hospital failed to detect necrotizing fasciitis, a flesh-eating bacteria, before and after she gave birth which caused her to lose three limbs and several organs. The Centers for Disease Control has estimated that more than 2 million hospital-aquired infections occur annually which results in 90,000 deaths. However, the rate of patient infection is “close to zero” when health care personnel comply with strict protocols governing the washing of hands, instruments and hospital rooms. The CDC is responding to this epidemic by raising the standard of care that applies to hospitals in preventing infections. For example, an ambulance IV should be switched to a new one upon arrival at the hospital. By following these guidelines, a hospital can decrease its risk of medical malpractice lawsuits. To read the full story, click here.

The widow of a man who died following gall bladder surgery at the Marion VA Medical Center has accepted a settlement of almost $1 million. The medical malpractice lawsuit alleged that the hospital was negligent in treating the man and that it failed to perform an adequate background check prior to hiring Dr. Jose Veizaga-Mendez, the surgeon who performed the operation, resulting in the man’s wrongful death. The Chicago Tribune reported last year that Veizaga-Mendez had been operating on veterans at the Downstate hospital for more than a year after surrendering his license in Massachusetts in a disciplinary proceeding that accused him of providing “grossly substandard care” that caused his patients to suffer serious complications and death.

The Veterans Health Administration medical inspector and the inspector general of the Department of Veterans Affairs have reported that, during a 2-year period ending September 2007, 9 patients have died from substandard care at the Marion VA Medical Center, while 34 others have been seriously injured. Disciplinary actions have been taken against 6 of the facility's surgeons and several other employees.

To read the full story, click here.

The family of a 35-year-old who died after getting a heart pacemaker was awarded a $4.6 million medical malpractice verdict against the three doctors who performed the surgery at the hospital. The jury found that the victim developed lung problems that should have delayed the surgery. Instead, the procedure was done as scheduled and he died 17 days later of respiratory failure. The medical malpractice award will go the man’s wife and 12-year-old daughter. The medical malpractice verdict was against the two anesthesiologists and the cardiologist. The cardiologist had already settled with the family earlier for an undisclosed amount. To read the full story, click here.

A Chicago jury recently awarded an Illinois family $16.5 million in a medical malpractice verdict against two subsidiaries of Johnson & Johnson. The wrongful death lawsuit alleged that the companies negligently continued to market a Duragesic patch that the woman used. The patch had problems, which were known, and the defendants continued to allow the victim to use the patch.

For the full article.

The family of a 47 year-old man who died as a result of a misdiagnosed skin cancer that spread to his brain has been awarded $5.8 million by a jury in a medical malpractice lawsuit. A tort reform damages cap however reduces the verdict to $3.6 million.

The medical malpractice lawsuit alleged that the doctors failed to properly diagnose and remove a mole on his back following examinations in both 1998 and 2004. By the time it was discovered that the mole was cancerous in 2006, the cancer spread to his brain and other parts of the body.

For the full article.

A jury has returned a $5.8 million medical-malpractice verdict in the wrongful death of a 47-year lawyer whose untreated mole turned into a skin cancer that spread to his brain. The award will be reduced to $3.6 million due to the state’s cap on non-economic damages in medical-malpractice cases. The jury found that the lawyer’s death was caused by the negligence of a doctor who was employed with a physician’s association. Although the jury found that the doctor was not personally liable, they determined that the medical practice was responsible for the damage award. The medical malpractice suit alleged that the medical practice had negligently left untreated a mole that doctors had examined in 1998 and again in 2004 that turned out to be cancerous. The victim had gone to a dermatology practice for a checkup in 1998 and the doctor recommended that another physician remove it. Each doctor then mistakenly assumed that the other had taken care of it. The man then returned 6 years later for a full-body skin check because he had painful boils and his upper back. Upon returning the doctors concluded that although the mole had more than doubled in size it was still not cancerous. The doctor was unaware of the mole’s growth because he did not have access to the victim’s 1998 record. Soon the patient was diagnosed with skin cancer which had spread to his lymph nodes in his groin and lower abdomen. Although he received many treatments, the cancer remained and he died. To read the full story, click here.

A jury awarded $20 million medical malpractice settlement finding that a boy’s lasting medical problems caused by mistakes made at his birth. Jurors deliberated for about four hours before deciding that both the doctor and the hospital were negligent in their treatment of the mother who was giving birth to the baby boy. The jury assigned 60 percent of the negligence to the doctor and 40 percent to the hospital. The day the baby was born, the mother called her doctor because she believed there may be something wrong with her unborn child. The doctor, who was not her primary obstetrician, told her to go to the medical center. After the mother arrived, she was hooked up to a fetal monitoring system, which indicated the baby was in distress. The nurses called the obstetrician who gave the mother advice, but he did not arrive for two hours. In that time, the baby got very little oxygen. The doctor’s decision to attempt to induce labor worsened the situation. By the time the baby was delivered by Cesarean-section about four hours after the mother arrived at the medical center, irreparable damage had been done. The child has cerebral palsy, no use of his hands, is almost completely blind and is mentally retarded. The child is now 7 years old and functions at the level of a 6-to-9 month old. His parents will receive $2 million of the award for health care expenses and related costs. He was additionally given $18.5 million for lost earning capacity, pain and suffering and medical expenses. The family stated that the majority of the money will be used for the 24-hour care he needs for the rest of his life. To read the full story, click here.

All five state Supreme Court justices reversed an order granting summary judgment for a woman who sued a hospital as a parent her 13-year-od. They remanded the suit to the trial court seeking to hold the hospital liable for spinal injury that paralyzed her daughter. The girl’s mother took her to the emergency room in October of 1999 after the girl’s legs kept growing weaker and she had turned incontinent. The doctor sent the girl home and examined her 23 days later. After an MRI revealed a bloody mass compressing her spinal cord she underwent surgery. However, her paralysis and incontinence continued. Her mother filed a medical malpractice suit against the doctor and hospital, but the hospital moved for summary judgment. The justice overlooked the state law allowing a medical malpractice suit for a child less than 10 years. To read the full story, click here.

A woman received a $16 million medical malpractice lawsuit against a hospital and other entities for what the woman termed “catastrophic” injuries cased by severe infections associated with a Caesarean section. The woman filed the medical malpractice lawsuit in 2006 that described infections she said began in the hospital that ultimately required the amputation of both legs, her right arm and one of her fingers. She also stated in the suit that the infections required surgical removal of several organs, including a hysterectomy, removal of her ovaries, nearly all of her large intestine and gall bladder. All parties had denied any wrongdoing. To read the full story, click here.

A state’s supreme court has struck down a piece of a 2003 medical malpractice lawsuit reform effort, calling it an unconstitutional special law. The measure required parties filing medical malpractices lawsuits to give notice to the defendant within 18 days or else they will have their case dismissed. In other types of lawsuits, filers who fail to notify the defendant within 180 days have an opportunity for a hearing before a case is dismissed. A ruling this week stated the law singled out medical negligence plaintiffs for different procedural treatment. The law denies such plaintiffs prior notice of dismissal proceedings while the ordinary plaintiff receives notice and an opportunity to be heard prior to any dismissal. In 2006, the state’s Supreme Court overturned a law requiring malpractice lawsuits to be accompanied by an affifdavit from an expert witness attesting to the case’s merits. The court said the requirement violated the state’s ban on special laws because it puts medical negligence cases in a separate class from other negligence claims. To read the full story, click here.

A state’s Supreme Court ruled that a circuit judge allowed improper evidence to be admitted in a medical malpractice case. The medical malpractice suit alleged that the victim suffered a pulmonary embolism as a result of physician malpractice. After the doctor did not respond to the complaint and summons, the judge entered a default judgment against her. At a subsequent damages hearing, the judge awarded the victim $500,000. The state Supreme Court later reversed the ruling on damages and ordered a new hearing. The doctor requested a jury trial, and the jury ruled in her favor. The victims appealed the decision, arguing that the judge should not have allowed the doctor to introduce evidence about the proximate cause of the victim’s medical problem because the question of the victim’s liability had already been resolved. The Supreme Court agreed with the victim and a new trial has been ordered. To read the full story, click here.

A jury awarded more than $11.4 million in medical malpractice damages to the family of a boy who suffered brain injuries from complications during his birth in August 2005. The jury found in favor of the plaintiffs who claimed their son’s brain injuries were caused by negligent care by a Hospital midwife and nurse during the delivery. The jury determined that the certified nurse midwife and the registered nurse were responsible but did not find that the doctor had any wrongdoing. In their suit, the family claimed the hospital staff failed to act appropriately and to deliver the baby in a timely fashion. Additionally, the family alleged that the midwife misread fetal monitoring strips that showed the baby was stress and should have called in the doctor when the delivery was not progressing as it should have. The trial lasted three-week and the jury heard testimony from experts who gave differing opinions on the quality of care and whether it played a part that left the baby with cerebral palsy and in need of constant care. The jury awarded the family $310,369 for past medical and heath care expenses; $5 million for future care; $387,00 for the child’s loss of earning capacity; $3.25 million for the child’s past and future pain, suffering and disability; and $2.5 million for the parents’ loss of society and companionship. To read the full story, click here.

A young man with a heart valve condition was misdiagnosed by doctors at Northwestern Memorial Hospital in Chicago, Illinois. The heart valve condition led to an infection in his hearts and the hospital repeatedly misdiagnosed it by sending the man home with allergy medication once and instructions on visiting a back specialist another time. The infection led to a stroke that left the man with severe physical and mental disabilities. The man settled his malpractice lawsuit against the groups representing the doctors and received $10.2 million that his wife says will be used to continue his rehabilitation and search or him to recover. The amount of the settlement was based on his projected future earnings. The man suffered a stroke after the infection was misdiagnosed. He still suffers from seizures, has no use of his right hand and has difficulty walking, talking and reading. To read the full story, click here.

The family of one of the two victims in a fatal car crash is hoping to settle for ten million dollars in a wrongful death lawsuit. The victims were killed in a car accident after a woman, who was not supposed to be driving while taking medication, hit them. The suit is against the hospital and four of her doctors because they failed to tell her that she should not drive while taking the medicine. She had complained of dizziness while driving, and was still not informed that she should not drive while taking the medication. The driver was personally sued but has settled out of court. This type of medical malpractice, with lawsuits that hold the doctor liable for their patient’s actions, is rather new in the court system. For the full story click here.

The U.S. government has agreed to pay a family nearly $1 million to settle a medical malpractice case. The man was being treated for leukemia at the Veterans Affairs hospital in Salt Lake City in 2004 when he developed a severe infection and died. His family sued, claiming the hospital failed to give him antibiotics in time. He died of sepsis with a low-white-blood-cell count. The U.S. government agreed to settle the nearly 2-year-old case for $950,000 to cover general damages and future lost income. The hospital allegedly did not administer antibiotics when they could have and initially told the patient to take Gas-X instead of advising him to go to the emergency room. The man had just finished his last chemotherapy treatment and discovered he had diarrhea and abdominal pain. Without being administered antibiotics his white blood cell count lowered which led to a bacterial infection in his colon. The suit alleges that two doctors ordered antibiotics in the ER but that nurses failed to follow orders. The man was waiting to be plugged into his IV and was admitted to intensive care and placed on a ventilator, dying a few days later. To read the full story, click here.

The Ninth U.S. Circuit Court of Appeals ruled that Public Health Service doctors who willfully fail to render appropriate diagnosis and treatment may be sued in constitutional tort action under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. They agreed that the district judge that the Federal Tort Claims Act does not provide an “equally effective remedy” for such violations, the panel affirmed an order denying a motion by three officers and two civilian doctors employed by the service to dismiss on the grounds of absolute immunity. The complaint in question alleges that the victim died as a result of the defendant’s unwillingness to conduct diagnostic procedures that would have resulted in timely discovery that lesions on his penis were cancerous. The victim was a state prisoner and was told that while surgery “might be recommended long-term” the government did not consider his condition to be “threatening to life, limb, or eyesight” and therefore would not provide the operation. The public health service defendants moved to dismiss, arguing that they were absolutely immune because the plaintiffs had an equally effective remedy under the Federal Tort Claims Act, but that motion was denied. To read the full story, click here.

A federal judge announced that Oregon Health and Science University has settled six medical malpractice suits. The settlements average more than $6 million, totaling $38.5 million, each which is well above a statewide liability cap recommended to state lawmakers. The University and the state’s trial lawyers agreed earlier this month to a $2 million cap on medical malpractice suits. The judge who presided over the settlements included $9.3 million to the family of a boy who suffered permanent brain damage because of a mistake made at the university. The $200,000 liability cap that had protected the hospital from paying out large claims was lifted as a result of the family lawsuit. This case exemplifies that legislative determined damages caps are unable to address the individual needs of victims. To read the full story, click here.

A jury found a podiatrist liable for medical malpractice after he removed a growth from a woman’s big toe. The man did not check the growth for cancer, yet the podiatrist did no such tests. The mother of two was diagnosed with a malignant melanoma a year after having the growth removed. The jury concluded that the woman’s chances of beating the cancer were greatly reduced because the podiatrist failed to have tissue from the excised growth tested for cancer. According to the patient, the podiatrist placed the lesion in the container and told them he would take it for testing. The woman is now in stage three of the cancer and she has just a 17 percent chance of living another 12 years. The trial lasted 5 days and the jury returned a verdict of more than $8.1 million in damages. To read the full story, click here.

A west Chicago suburban woman whose son was born with severe brain damage has agreed to a $5.5 million settlement with the doctors and hospital after they caused a lifetime of problems for her son. The mother of the boy agreed to a settlement with the hospital in Melrose Park, Illinois and the two doctors. After the mother was admitted to the hospital and given a drug to induce contractions, her baby’s heart rate started to drop. She argues that an obstetrician should have been called in, but instead the family doctor tried to deliver the baby using a vacuum retractor. When the vacuum retractor didn’t work, he tried using forceps which became lodged in the mother’s uterine wall. The baby boy, who ended up being delivered by C-section by another doctor had been deprived of oxygen long enough to cause brain damage. The young boy is now 6 and is unable to walk, talk, feed himself or sit on his own. A Cook County jury found only the first doctor liable for the young boy’s injuries but the hospital and the second doctor will also have to contribute to the damages. To read the full story, click here.

A couple was awarded nearly $1.2 million by a jury in a medical malpractice suit filed against a doctor. The jury decided in a two-day trial that the doctor was negligent in his care of the patient who underwent hernia surgery in 2003. During the procedure, the man’s small bowel was nicked but not repaired at the time causing him to have a septic reaction that included an extended hospital stay. As part of his treatment for the nicked bowel, the patient incurred several hundred thousand dollars worth of medical bills. The doctor denied any negligence saying the patient “knew of and appreciated risks and hazards involved in the medical treatment.” The $1.2 million awarded included money for bills not covered by insurance. The man’s wife was awarded $50,544 for being “deprived the comfort, companionship, society and services of her husband.” To read the full story, click here.

The real-world consequence of noneconomic damages caps in medical malpractice cases has had a devastating effect on survivors of deceased victims who are unemployed. Noneconomic damages are those given for pain and suffering, whereas economic damages are those given for lost earnings and medical bills. For low-earning or elderly plaintiffs, noneconomic damages are their only hope in court. Studies have found that most of the “savings” of damage caps come from wiping out the awards to negligently injured plaintiffs who could potentially win large noneconomic damages in court. These people are those who are unemployed, including babies, children and housewives, some of whom are killed by negligent treatment. Noneconomic damages can be excessive, but they are intended to compensate for real suffering, and they are the only way some plaintiffs can get legal help. To read the full story, click here.

The Texas Supreme Court upheld a medical malpractice award for the family of a man who died of a heart attack after waiting 12 hours for treatment following his admission to a hospital emergency room for chest pains. Jurors awarded $9.2 million in compensatory damages and $21 million in actual damages after evidence was presented showing that the gentlemen’s treatment was delayed because of poor hospital policies and lack of staffing. The State Appellate Court had reduced the total award to approximately $5.4 million but the Supreme Court ordered the hospital to pay the family approximately $10 million when the amount of pre- and post-judgment interest is included with the $5.4 million of actual and punitive damages. The court affirmed that the hospital was guilty of actual and gross negligence, and the family was awarded appropriately. To read the full story, click here.

A settlement has been reached in a wrongful death suit which was filed by the family of a woman that died in a hospital after the hospital staff failed to perform a test on her that had been ordered by her doctor. The victim apparently returned to the hospital after undergoing ear surgery complaining of multiple problems, her doctor ordered a blood test and the hospital staff failed to perform the test. As a result of this medical malpractice and negligence she slipped into a coma and it eventually led to her wrongful death. The family then filed a wrongful death lawsuit against the Medical Center and recently settled for $1.2 million. The company claims that this does not constitute admission for liability on the defendant’s part. For the full story click here.

The family of a woman who died during ankle surgery lost their medical malpractice lawsuit in a jury trial. The family had claimed in their medical malpractice lawsuit that doctors and the hospital were negligent for not monitoring the oxygen level in the 55 year old woman’s blood. The hospital allegedly ignored the patient’s history of medical problems that included diabetes, high blood pressure and a kidney transplant. The family’s attorney stated that the woman died from respiratory failure and this could have been prevented with a monitoring device that was not used. The family argued that medical professionals should realize the importance of taking special precautions to protect patients. The jury came back after an hour and twenty minutes with a verdict of no liability in the medical malpractice suit. To read the full story, click here.

A medical malpractice settlement has occurred after several injured patients sued a large hospital for medical malpractice and for negligence. Personal injury lawsuits have occurred after the patients were injured due to the hospital’s error in its failure to clean medical instruments used on patients. Additionally product liability lawsuits have occurred against the negligent companies who were contracted to clean and sterilize the medical equipment. To read more about this medical malpractice lawsuit regarding a failure to clean and failure to sterilize medical equipment click here.

A multimillion dollar settlement has been reached in a wrongful death action against a medical center. A hospital patient died after she drowned in the shower at the hospital because of a failure to supervise the patient’s condition and ability to shower by herself. The medical malpractice suit also alleged that the hospital was negligent by altering medical records, failing to supervise its patients and tampering with evidence. The five million dollar medical malpractice lawsuit will never however be able to bring back the patient whose wrongful death left her family facing tragedy. To read the full story click here.

The University of Illinois Board of Trustees will be advised today to sign off on nearly $14 Million in settlements concerning two cases. The first case involves the University of Illinois Medical Center in Chicago’s failure to perform an emergency delivery that resulted in permanent brain damage to an infant. The settlement in that case, if approved, would be $9 Million. The second case involves the failure to treat jaundice in a premature infant, the result of which was brain damage from high very levels of bilirubin. That case’s settlement is expected to be $4.8 Million. University officials have recommended approval of the settlements.

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A jury returned a $60 Million verdict against insurance companies that deliberately denied a man coverage through fraud. The man developed a case of Lyme disease and chronic fatigue syndrome. As a result, he was unable to continue working as a venture capitalist. When he initially filed his claim with the Paul Revere Life Insurance Company, they paid his benefits. However, after a year, the insurers stopped all payments, denying the man what he was due.

This case is indicative of a greater epidemic in the insurance world where companies simply deny rightful patients their benefits. The policy has resulted in hundreds of millions in profits for insurance companies nationwide, and even though these companies continue to lose lawsuits, the benefits gained from denying benefits outweigh the costs of litigation. Thus, the trend remains. This verdict may be a step toward insurance companies fulfilling their side of the bargain.

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An Illinois Medical malpractice lawsuit filed seven years ago has finally ended with a million dollar medical malpractice settlement. The large medical malpractice settlement did not come without sacrifice. Illinois medical malpractice plaintiff, Vanessa Jenkins, brought a lawsuit against an Illinois hospital after her son was delivered with a birth defect. Her son sustained brain injuries and other personal injuries as a result of the hospital’s negligent misconduct. The negligent doctor who used a vacuum extractor during delivery of the child caused the child to suffer from serious personal injuries including brain injuries, mental retardation and cerebral palsy. To reach more about this record setting medical malpractice settlement look at on Point Medical Litigation articles or click here to read an article.

A suburban Chicago mother recently settled her lawsuit against Northwestern Hospital for severe brain damage to her ten-year-old daughter during child birth. The case arose when doctors attempted to induce labor with the drug Pitocin. However, they administered the drug too aggressively, leading to strong contractions that were too close together. This resulted in severe brain damage to the child due to oxygen deprivation. Recognizing their fault, Northwestern Hospital settled the case for $9.75 Million.

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Judge William Maddux of the Circuit Court of Cook County entered an order approving the $800,000.00 settlement of a lawsuit filed by Steven Levin and Michael Bonamarte of the law firm of Levin & Perconti. Levin and Bonamarte filed the lawsuit on behalf of the family of Carmen Preciado, who died as a result of squamous cell bladder cancer.

Carmen Preciado was a patient of the two defendant doctors and HMO clinic for several years. On October 25, 2002 Carmen went to the HMO clinic and was seen by Dr. Pulido and had signs and symptoms of hematuria, which is blood in the urine, and painful urination. Carmen again went to the clinic on November 8, 2002 and again reported painful urination; this time to Dr. Chacko. The lawsuit alleged that Dr. Pulido and Dr. Chacko were negligent by failing to recognize Carmen’s signs and symptoms and refer Carmen to a urologist for a cystoscopy in a timely fashion in October and November of 2002. Carmen returned to the clinic in January of 2003 and was finally referred to a urologist who performed a cystoscopy and diagnosed squamous cell bladder cancer. The delay in referral delayed Carmen’s diagnosis and treatment. The lawsuit claimed that if Carmen was referred to a urologist in October or November of 2002 her cancer would have been diagnosed while it was still contained in the bladder and she could have been successfully treated. To read more, click here.

The 2d District Appellate Court affirmed a jury verdict awarding plaintiffs in a medical malpractice suit $6.3 million. The defense's appeal was based on a clause in the Good Samaritan Act which immunizes doctors who render emergency care without accepting a fee from being sued for medical malpractice. The defense argued that because it chose not to charge the plaintiff's for the decedent's medical bills, it fell under the clause and could not be subject to suit. Citing precedent, the Court noted that the Act does not protect physicians who render emergency services in situations that arise within the confines of their employment. Instead, the clause is meant to extend to health care professionals who render emergency treatment to victims in emergency situation "on the street." This ruling affirms that negligent doctors cannot escape liability simply by choosing not to charge the victims of their malpractice.

http://www.levinperconti.com/lawyer-attorney-1090334.htmlA deadly meningitis virus left an eighteen month old dead six year ago. His family finally sought justice last month when they reached a personal injury lawsuit settlement in the amount of 1.25 million dollars. The settlement arose out of a finding that the doctor treating the toddler had engaged in medical malpractice. The negligent doctor was not in tune with a correct diagnosis and the doctor misdiagnosis lead to the boy’s death from meningitis, the doctor believe the toddler simply had a stomach problem. The community hospital malpractice was settled in a suit last month but the toddler’s parents will still never be able to get their son back. To read the full story click here.

A new study suggests that claims of medical malpractice verdicts in Illinois spiraling out of control are greatly exaggerated. The study analyzed Illinois jury verdicts and settlements since 2002 by county. In contrast to claims that juries are awarding Plaintiffs millions-upon-millions in frivolous lawsuits, the study concluded that Plaintiffs prevail at trial in only about 1 out of 3 cases, with median verdicts at about $1 Million. The same holds true for settlements with most offers being characterized as de minimis especially when factoring in the high costs associated with a medical malpractice and negligence case. This study also dispensed with the myth that a medical malpractice case in Illinois could only succeed in Cook County. Statistically, there appears to be little difference in either the success rates or size of the verdicts when comparing Cook County to the rest of Illinois. Altogether, the study shows that criticisms of medical malpractice claims in Illinois are greatly exaggerated.

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In a recent decision regarding the collateral source rule, the Illinois Supreme Court held that a Plaintiff is entitled to recover the full amount of medical bills even the amount actually paid by Medicare and Medicaid was less than the full amount. The decision came following a trial court decision to reduce the amount of damages awarded by the jury to amount of medical expenses actually paid. The Illinois Supreme Court reversed because the collateral source rule applies even if bills are paid by government agencies instead of private insurance. This decision is a victory for all Plaintiffs whose compensation would be limited by unpaid medical bills.

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A Midwestern woman recently was awarded $2.75 Million following an incident of medical malpractice and negligence. Physicians failed to test a tumor that was removed from her foot, which had they tested it, would likely have tested positive for melanoma cancer. Instead, one year later, another tumor was removed that, when tested, revealed the cancer. However, due to state damage limit laws, she will likely only receive $1.25 Million.

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Swedish Covenant Hospital in Chicago recently settled a case for nearly $8 Million based on medical malpractice and negligence. The settlement comes following a physician’s failure to diagnose a nurse with meningitis even though she complained of sudden, severe joint pain, headaches and neck stiffness. Her meningitis was left undiagnosed for three days, leading to severe mental and physical disabilities. Further, she became dependent on others for nearly all aspects of self-care and mobility and suffered from severe deficits in social skills. Had the emergency room staff properly diagnosed the woman, she could have avoided severe life-long damage.

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After actor John Ritter died in 2003 from an aortic dissection, his family filed a wrongful death lawsuit against multiple doctors and a hospital. The family settled with the hospital and other people involved for $14 million but sought another $67 million at trial against remaining doctors, alleging that Ritter’s cardiologist misdiagnosed his aortic dissection as a heart attack, consequently mistreating it. Further, the suit alleged that a radiologist failed to perform an x-ray which could have shown the aortic dissection, leading to a missed opportunity for Ritter to receive potentially life-saving surgery. The jury, however, disagreed with his family’s arguments and found in favor of the defendant doctors.

While the Ritter family did not receive the $67 million they asked for, the case still showed the inequities of capping medical malpractice awards. For loss of income, there is normally no cap or a very high one, where as loss of companionship has very low limits. This means that wealthy people, who would have made more in their lifetime, can be awarded larger settlements for the same issues. Often this means that a case on behalf of a decedent who was retired, unemployed, or otherwise not making much money will not be worth filing because of caps on potential awards. Conversely, the same case on behalf of a decedent who was making a large amount of money will be worth filing because the award may be greater since loss of income will have a high cap, if one at all. For example, Ritter’s family could have been awarded a large amount because he had huge earning potential, whereas an unemployed person who died in the same manner would not have been able to receive nearly as large an award because their earning potential was so much smaller.

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The Third District Appellate Court in Illinois ruled that a wronged woman could recover from a negligent physician even though she had previously been awarded damages in a suit against the hospital. The woman’s claim for intentional infliction of emotional distress against the physician was validated by the court, especially given the extreme negligence displayed by the physician. The woman’s infant son died during child birth after a premature delivery. Her physician was not present at the hospital at the time of the delivery and do no other doctor was present to assist in the delivery. As a result, the woman sat with her baby in a partially-delivered position for over one hour until her physician arrived and completed delivering the baby, who was deceased by this time. A jury awarded the woman damages based on negligence and intentional infliction of emotional distress.

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A woman’s family who sued a hospital where she was treated after she died there in 2003 has reached a settlement with the defendant hospital. The terms of the settlement are unknown, but past suits against the same hospital have yielded millions in settlements for alleged hospital errors. In the case at hand, 73-year-old Evelyn Weeks died after being admitted for a brain hemorrhage. Her family alleged that medication was given to Weeks through the wrong tube, while the hospital claims she died as a result of a stroke. Either way, the family’s allegations of medical malpractice were strong enough to bring in a settlement. The family stood to gain damages for medical and funeral expenses, pain and suffering, and loss of companionship from the untimely death had the wrongful death lawsuit gone to trial.

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A medical center recently announced they would pay $1.8 million to settle 100 civil medical malpractice lawsuits filed against one cardiologist. This cardiologist also faces federal medical fraud charges related to cardiac procedures he performed on patients.

This settlement follows a settlement with the Department of Justice for $1.9 million for the unnecessary procedures that were billed to federal and state health plans and a settlement with a class action lawsuit for $7.4 million. In 2006, this cardiologist was indicted on more than 90 counts of medical malpractice fraud for performing medically unnecessary cardiac procedures.

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A jury recently awarded a woman and her son $19 million as a result of a birth injury medical malpractice lawsuit against her obstetrician. The son was born with celebral palsy and cortical blindness. After verdict, the mother said “No amount of money will make up for what happened to my son.”

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A jury verdict decided in favor of physicians in the medical malpractice and wrongful death lawsuit of Actor John Ritter. The medical malpractice lawsuit was brought by Ritter’s widow and children. The jury deliberated for two days, but did not find the cardiologist or the radiologist to be negligent in Ritter’s care. The plaintiffs had already settled with eight other defendants in medical malpractice claims for $14 million.

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Four years ago, an investigation concluded that it was easier for consumers to find out information about their building contractors than for patients to get information about their doctors. In response, the Nevada Board of Medical Examiners promised to enhance its website to inform the public about doctors. But recently, the board removed medical malpractice lawsuit settlement and judgment information from the doctors’ online records. One State Senator stated that the statute covering the website was not very specific, but added “if we have to spell it out, then we’ll spell it out.”

People should have a right to the medical malpractice history of their doctors to make better informed decisions. Any board hindrance on consumer research into their own health care is unacceptable.

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A state Supreme Court decided to expand the rights of wronged patients in medical malpractice and negligence cases. The decision reinterprets the law so that the statute of limitations on raising a malpractice claim now begins once a patient knows the extent and cause of his injury in contrast to prior decisions stating that the statute of limitations began once symptoms were initially diagnosed.

The decision arose after a district court dismissed two claims of medical malpractice based on the expiration of the statute of limitations. In the first case, parents of a 16-year-old sued a facility for negligently prescribing Antabuse to treat the teen’s alcohol addiction. However, the suit alleged that the Antabuse caused long-term vomiting, jaundice, and irreversible liver damage. The district court ruled that, because the teen experienced severe symptoms beginning in March 1999 and the suit was not filed until April 2001, the two-year statute of limitations had expired. However, the Supreme Court overturned this decision, reasoning that any diagnosis of liver damage did not occur until months after the she began experiencing symptoms.

In the second case, a woman sued several medical providers for misdiagnosing her breast cancer. The district court dismissed the case because she had been informed, five years prior to filing the action, that there was a lump in her breast. However, in overruling this decision, the Supreme Court noted that the woman had repeatedly been told that her lump was benign until a test revealed cancer one year prior to her suit.

In reaching these conclusions, the Supreme Court emphasized concerns over fairness to patients, doctors, and the medical malpractice industry. Ultimately, the Court found that the rights of medical practitioners were not significantly impaired where there was actual wrongdoing.

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An Illinois man was awarded nearly $24 million in an Illinois medical malpractice lawsuit verdict. The man, now 34, entered an Illinois hospital in 2001 to have a kidney stone remove. While there, he suffered cardiac arrest, which interrupted the flow of oxygen to his brain. The injury put him in a wheelchair, took away his fine motor skills and caused spastic movements, severe double vision and slurred speech.

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Multiple lawsuits were filed after 32 liver transplant patients at UCI Medical Center who were allegedly misled about the availability of surgeons were denied transplants and died. After the wrongful death claims, the University of California recently reached a $7.5 million settlement on behalf of the families of patients that died while waiting for transplants they were never going to receive.

A $22 million verdict was recently awarded in a Cook County, Illinois medical malpractice lawsuit. The jury ruled that the hospital was negligent during the birth of a 34-year-old woman's son in that staff did not properly treat difficulties with the woman's blood pressure. The woman went to an Evanston hospital two weeks before her scheduled date of delivery due to complaints of severe headache and abdominal discomfort. Medical staff soon noticed that the woman had unusually high blood pressure. Tests eventually showed that she had HELLP syndrome, meaning that she had a low platelet count and elevated liver enzymes, or hemolytic anemia. Attorneys alleged that she was not treated properly for this problem, by being given the wrong amounts of medication at the wrong times. Her son was successfully delivered by cesarean section, but the woman's blood pressure rose and she suffered a major brain hemorrhage, dying four days later. The jury found that hospital staff was negligent and that she was irreplaceable to her son and husband, ultimately awarding the multi-million dollar verdict.

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A $4.5 million medical malpractice award was recently made in Illinois following the wrongful death of a woman infected with AIDS. Because the woman was being treated at a federal clinic, the case was tried under the Federal Tort Claims Act. The doctors at the Chicago clinic allegedly failed to recognize the complaints and symptoms of the patient which would have led to the diagnosis of lactic acidosis, a potentially fatal side-effect of some HIV/AIDS treatment drugs. The woman's lawyers contended that had the diagnosis been made earlier, the patient would have survived.

The mother of a 22-year-old victim of medical malpractice has recently sponsored a new law requiring doctors to make past medical malpractice settlements and verdicts against them public. The mother claims that her son was given an unnecessary surgery causing a brain injury that made him partly-paralyzed, half-blind and psychotic after his brain was jostled by the neurosurgeon. The surgeon claimed that the patient would make a full recovery after rehab but his injuries ultimately resulted in his death. When the patient's mother learned that the surgeon had done the procedure only once before and had a malpractice settlement and claims in another state, she decided to take action. The law stipulates that only settlements or final judgments will be publicized on the internet database. The Colorado bill was passed into law in early January 2008.

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If physicians do not warn patients of the risks medications have on driving ability, they now can be held liable in an automobile accident lawsuit. In a recent suit, a boy was killed in a car accident by a man prescribed eight different medications by his doctor and was not warned of their side effects. The doctor now faces a wrongful death lawsuit based on his medical negligence. According to the mother of the victim's attorney, the doctor should have warned his patient that the medications he was prescribed are known to have certain side effects such as drowsiness, dizziness and fainting. The doctor should also have warned his patient not to drive. The doctor claimed that this medical mistake was too far removed from the car accident tragedy, but the court ruled that a possible consequence of that negligence could be harm to others.

A woman who was prescribed a regimen of powerful drugs for several years after being misdiagnosed with HIV recently received a $2.5 million jury award in a medical malpractice lawsuit. The 45 year-old brought the medical malpractice lawsuit against one of the doctors who treated her after being misdiagnosed with HIV in 1994. Due to the combination of medications prescribed for her by the treating physician, the medical malpractice victim suffered depression, fatigue, weight loss, and intestinal problems.

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