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In April, our blog highlighted the failure of the state of Illinois to check the National Practitioner Database (NPDB) in 2017 for ANY prior lawsuits or disciplinary action of a physician applying for a license to practice medicine. Illinois was one of 13 states in the country that didn’t use the database to query a physicians’ background a single time that year.

The news was troubling then, but is bringing up renewed feelings of mistrust and worry after information was released in a November 30th article through a collaborative investigation between the Milwaukee Journal Sentinel and MedPage Today, a website dedicated to providing education and news to physicians. The investigation found that over 250 physicians who had lost their medical license in one state are now practicing in another.

Doctor Leaves Trail of Injured Patients, Now Practicing in Cincinnati

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“We need to hold institutions accountable…this can’t just be a hashtag. It has to be real action and the way to do that is through changes in our legal system.” 

-Melissa Hoechstetter, victim of Robert Hadden, former Columbia University gynecologist

A civil lawsuit in New York was filed this week, accusing a top New York City gynecologist of sexual abuse.

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A New York Times article earlier this month examined the financial impact of hospital mergers on their patients. In comments to the press and public, hospital CEOs and executives often speak of the benefits a merger will have, including offering quality care to people in areas that were underserved, while lowering costs to the patient because of the continuity in care. A lower cost, streamlined healthcare experience would be the result of fewer medical tests, as well as easy information exchange between physicians of differing specialties through a medical record system. This, hospital executives say, would reduce cost for the patient, while also increasing their ability to do their job and cut back on unnecessary visits, procedures, treatments, and tests, ultimately resulting in less waste.

But data seems to prove that rebranding a hospital actually has the opposite impact on a patient’s wallet, costing patients more through higher insurance premiums, deductibles or other out of pocket expenses.


Data Shows Chicago Hospital Mergers Cost Patients More

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The Leapfrog Group, a nonprofit group dedicated to hospital safety, has released their biannual Leapfrog Hospital Safety Grade report, showing an overall improvement in Illinois hospitals since the spring. According to Leapfrog, the survey measures hospital patient safety by the number of “errors, injuries, accidents, and infections.” Participation by hospitals is optional and this fall, 110 Illinois hospitals agreed to take part. According to the data collected, Leapfrog rated Illinois hospitals as #13 overall, an improvement from #15 this past spring.

In a time where the increasing problem of medical errors is finally being given the platform it deserves, the survey is more relevant now than ever. The Leapfrog Group, citing an often quoted 2016 Johns Hopkins study, notes that medical errors are now the third leading cause of death in the United States. Patient safety and healthcare provider accountability is essential for all hospitals and healthcare organizations. Below is our analysis of the Fall 2018 Leapfrog Hospital Safety Grade report for participating Illinois hospitals.


Illinois & Metro Chicago Hospital Results

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child sexual abuse

Uptown Chicago Psychiatric Hospital “Called Out” After Reports of Sexual Abuse and Neglect Involving Child Patients

Although not surprised, the entire legal team at Levin & Perconti has been cringing over the recent ProPublica Illinois investigation into Chicago Lakeshore Hospital, a private psychiatric facility located in the northside of the city. The initial ProPublica findings involve both claims of sexual abuse and related disruptions grown from the ongoing neglect of young patients in the hospital’s Child and Adolescent Behavioral Health Program. The allegations are horrific to say the least. Even so, dozens of children have bravely stepped forward and shared their personal stories of being raped and sexually abused by staff and patients, while others have been physically assaulted. Many of the hospital’s hotline complaints in just the last few months were triggered from laxed staff who created scenes of abusive sexual activity (most forced), and inappropriate or violent altercations between children and teenage patients.

Federal inspection reports in 2018, show the Illinois Department of Children and Family Services (DCFS) has investigated 16 allegations of abuse and neglect, many sexual in nature, at the hospital between staff and child patients, and other hospital residents just this year. As the Chicago Tribune recently reported, some pending investigations include these sickening allegations:

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The Center for Justice and Democracy (CJ&D), a consumer rights group out of New York Law School, has shared their list of 22 famous figures who have been harmed and even killed by medical malpractice.

Most of us are familiar with the high profile drug-related tragedies of Michael Jackson (2009) and Prince (2016) and even Judy Garland (1969) and Marilyn Monroe (1962). Some of us are familiar with the details surrounding the death of comedian Joan Rivers in 2014 during an endoscopy at a New York City clinic.  But it was surprising even to us to read the details of medical neglect in cases involving other beloved celebrities. As CJ&D pointed out in their report, no one is exempt from medical negligence or malpractice, not even celebrities with all the money and resources in the world at their fingertips. The report also shared several findings that now have become well known to the public. Among them, that medical errors are the 3rd leading cause of death in this country.

Each of the 22 cases highlighted in the report has resulted in a settlement or verdict (or is pending) and in many of them, grieving loved ones or the victims themselves have said that it’s not about money, but instead about enforcing a sense of right vs. wrong in the face of injustice.

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On September 24th, the Chicago Daily Law Bulletin published an interview with Levin & Perconti Partner Margaret Battersby-Black. Margaret is considered one of the top attorneys in the small group of female plaintiff’s personal injury lawyers. Last year, Margaret served as the chair of a new committee of the Illinois Trial Lawyer’s Association called the Women’s Caucus. Margaret also is involved in numerous other legal organizations, manages a full caseload, and is a devoted mother to two small children.

After proving her ability to work tirelessly and dedicate herself to her clients and the success of their cases, Margaret was named a Partner at Levin & Perconti in 2014.

Margaret is committed to mentoring young female attorneys and demonstrating that it is possible to achieve great things in both one’s legal career and personal life as a woman under 40.

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“We can no longer continue to treat Caucasians as the default or universal patient model.” 

     -Dr, Danielle N. Lee to Ebony Magazine, July 2014 

Higher Risk, Different Presentations, but Still Hardly Studied

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The parents of an infant girl are suing Children’s Hospital of Philadelphia (CHOP), alleging that hospital’s failure to follow standard infection prevention controls led to their daughter’s death. She is one of 23 infants who were sickened during a 2016 hospital outbreak of adenovirus. Recent reports have indicated that there is a second infant who died, also allegedly due to the same viral contamination.

Melanie Sanders was a premature baby receiving treatment in the neonatal intensive care unit at CHOP, the 3rd best children’s hospital in the country according to U.S. News and World Report. Melanie, along with 22 other infants in the neonatal intensive care unit (NICU), became ill after receiving an eye exam. Each of the infants was diagnosed with adenovirus, a group of viruses that cause respiratory symptoms and can lead to pneumonia, an infection that can prove fatal to vulnerable hospital patients, especially children, those with compromised immune systems, and the elderly.

Of the 23 infants sickened by the virus, all showed respiratory symptoms, while 5 of these infants developed pneumonia. The hospital reported in the June 2017 issue of the American Journal of Infection Control that 12 of these patients “required increased respiratory support.” In addition to the 23 infants, 3 parents and 6 hospital employees acquired the virus.

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A large study published August 6th in the Proceedings of the National Academy of Sciences of the United States of America (PNAS) has connected higher heart attack survival rates to women patients treated by a female doctor. Heart attacks are the leading cause of death for both men and women in this country. According to the American Heart Association (AHA), a woman dies every 80 seconds from a heart attack. Women are also more likely to die from a heart attack than men, the reasons for which have never been proven.

Women MDs Linked to Heart Attack Survival

The study, entitled “Patient-physician gender concordance and increased mortality among female heart attack patients,” relied on hospital records of 582,000 heart attack patients in Florida hospitals over the nearly 20 year period between 1991 and 2010.