Articles Posted in Healthcare

Rights of veterans

Green Beret’s Case Weakens Feres Doctrine, Will Allow Military Members to Receive Compensation for Malpractice Injuries

Sgt. 1st Class Richard Stayskal, served in the military for 14 years and was a member of the Green Berets. He is now fighting stage 4 terminal cancer after his military doctors at Womack Army Medical Center in Fort Bragg misdiagnosed his illness despite noticing a tumor in his lung. Stayskal attempted to sue the Department of Defense for medical malpractice but was met with the Feres doctrine. The law is based on 70-year-old Supreme Court decision that says active-duty military members are not able to make a claim against the government. Luckily, Stayskal’s ongoing fight alongside congressional lawmakers will help change that.

On Monday, December 16, 2019, a final National Defense Authorization Act (NDAA) was released including an amendment that will allow for members of the country’s armed forces to now file a claim against the U.S. and receive compensation if they were subjected to negligent or wrongful medical treatment at a military facility.

Injured Old Man

20 Years Later: Healthcare is Failing, and Medical Errors are Rising

The highly received report To Err Is Human: Building a Safer Health System is now 20 years old, and unfortunately, not enough lessons have been learned to prevent known medical mistakes. Experts recently spoke with HealthLeaders reporters and shared concerns that patient safety is still largely in question as patient deaths due to medical errors now round out around 444,000 lives each year, an increase from 98,000 at the time the 1999 report was made. By those numbers, it remains obvious that advancements to keep patients safe from preventable injuries is still needed.

On November 27, 2019, the experts interviewed by HealthLeaders raised these stifling conclusions related to medical error trends and the rise in deaths resulting from a lack of patient safety in the American healthcare system.

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

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

A recent report published in the Journal of HealthCare Finance touched on a subject of obvious importance to our legal team: the intersection of economics and medical errors. In particular, the comprehensive research sought to examine the actual financial toll that healthcare quality problems take on national budgets. The full report can be found here.

Our med mal attorneys frequently push back against all of the false claims made about the connection between the civil justice system and healthcare costs. The obvious reality is that a focus on the healthcare system itself is required to truly tackle the rising healthcare financial burden. In particular, the wasted funds required as a result of medical errors is a good starting point to understand the changing priorities that are needed to truly address the human and monetary losses accrued as a result of inadequate medical quality.

The Economics of Medical Errors Study

Medical malpractice lawsuits need to be curtailed, argue supporters of tort reform, because fair access to the civil justice system is responsible for rising healthcare rates. Of course the actual payments for med mal settlements and judgements are a mere fraction of healthcare costs. That is why those pushing these laws usually explain that the medical malpractice effect on healthcare costs is not caused by outright judgements and settlements, but indirectly, via defensive medicine.

The argument is that, out of fear of being sued, doctors provide much more care than is actually needed to preemptively “defend” themselves. Without fear of legal liability,tort reformers suggest that this extra care would not be provided and costs would go down. Unfortunately, many have taken to this argument as a clear reason to support taking away rights of medical patients in order to help the system as a whole.

But, as with virtually all tort reform arguments, they do not hold up to actual evidence.

Issues about proper medical care are quite sensitive–that is particularly true when it comes to children. Young children in need of medical care are at the mercy of their parents, guardians, and adult medical professionals. They are not able to weigh their options and make proper decisions; that role is abdicated to others. For this reason there is significant conflict over medical treatment for youngsters–particularly when that treatment is unorthodox.


One of the most hot-button debates involve therapies like acupuncture for children. The debate about the benefit (or lack thereof) of acupuncture for adults continues to rage, but there is another level of complexity when it comes to acupuncture for children. Believe it or not, it does happen.

The New York Times recently published a story that shares disappointing news about the lack of improvement in the effort to improve hospital safety.

A comprehensive 5 year study analyzing the harm caused by medical care in several hospitals found that little to no headway has been in made in recent years to lower the numbers of patients harmed by preventable errors. The research effort was one of the most vigorous medical studies of the past decade. Experts claim that the scope of the data collection mirrored that from a 1999 report which uncovered that nearly 100,000 patients die every year from medical mistakes, with another million suffering injury.

The most common hospital mistakes involve procedural complications, drug problems, and hospital-acquired infections. Many other problematic events were found, from unnecessary bleeding during procedures to vaginal cuts caused by improper use of childbirth devices. Overall, about 18% of all patients suffered at least some harm from problematic medical care-2.4% of those actually died from the errors.

Experts are not surprised by the results, because hospitals continue to avoid taking known steps to improve safety. As one involved doctor explained, “Until there is a more coordinated effort to implement those strategies proven beneficial, I think that progress in patient safety will be very slow.”
Continue reading ›

A new article by Modern Healthcare reveals the troubling truth about Medicare auditors’ failure to scrutinize providers who have been found to have committed a large number of medical errors. Typically the Center for Medicare and Medicaid Services (CMS) used historical error-rate data to identify the medical providers who committed the most medical mistakes and billing errors, and then worked to ensure corrective actions was taken.

However, those reviews never occurred for many error-prone facilities. As a result, an astounding $44 billion was paid over 4 years for incorrect procedure like fee-for-service payments stemming from incorrect coding, unnecessary services, and documentation errors.

Over the past 4 years, CMS data revealed that 21% of the inpatient acute-care providers accounted for nearly 59% of the errors-meaning that a smaller group of providers were committed repeated mistakes and compounding the overall problem.

As a Christmas present to America, the Senate made history by voting 60-39 to pass comprehensive healthcare reform legislation. The resulting bill will provide relief to millions of struggling Americans. The bill does not contain any provisions that would limit an injured patient’s rights concerning medical negligence claims. This is a stunning victory for all those who opposed medical malpractice tort reform. The bills assurance of patient’s rights is just another wonderful aspect of the healthcare legislation. We thank all of you to all those who contacted their respective Senators. Additionally the AAJ’s 98,000 reasons campaign was very successful. To read more about the healthcare legislation, please check out the link.

Lawyer Monthly - Legal Awards Winner
The National Trial Lawyers
Elder Care Matters Alliance
American Association for Justice
Fellow Litigation Counsel of America
Super Lawyers
Contact Information