Articles Posted in Medical Malpractice Attorneys

“To know that this happens is our country, that’s unacceptable.” 

-Sue Sheridan, patient safety advocate, in To Err Is Human

The medical malpractice attorneys of Levin & Perconti recently watched To Err Is Human, a newly released documentary showing the frequency and impact of medical errors upon American families. To see the facts relating to the frequency and severity of medical errors combined with the heart wrenching story of a family forever changed by these mistakes has left a lasting impression on all of us.

“It would be great if the regulators of hospitals and doctors were more diligent about responding to harm to patients, but they’re not, so people have turned to other people. This is what happens when your system of oversight is failing patients.”

-Lisa McGiffert, former head of Consumer Reports’ Safe Patient Project to USA TODAY

You may be one of the many who rely on online reviews to help make decisions on everything from where to eat to what vendors to choose for house projects. How about using online reviews to decide which doctor to see? With the popularity of websites such as Yelp, Facebook, and other online platforms that allow customers and patients to post their opinion on venues, goods, and services, many are turning to the internet to help them choose healthcare providers.

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History of Common Malpractice Errors May Be Unknown to Patients

A recent investigation led by the Milwaukee Journal Sentinel, USA Today and MedPage Today found that even when surrendering a medical license because of unprofessional conduct such as sexual assault, medical malpractice or prescription abuse, physicians simply leave their bad history in one state and move their practice to another while continuing to make deadly mistakes as risky medical experts. Equally disturbing is that if a physician voluntarily surrenders his license, the public may not ever be able to access or gain knowledge about why the surrender occurred. Although the National Practitioner Data Bank has more than 1.3 million records of “adverse actions” going back to 1990, files can only be accessed by hospitals, insurers, and state medical boards. Individual states can file a complaint, but only if prompted to inquire of a physician offender’s harmful patient history.

Additional investigative findings published in December 2018 from the news organizations included:

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How An Attorney Can Help You After a Surgical Burn

Unfortunately, medical mistakes and their related injuries remain all too common for today’s everyday patient. One largely preventable mistake some may not think of is a surgical burn. These injuries are likely to occur when a person is under anesthesia for a routine operation or reconstructive surgery and can range from first to fourth degree burn injuries as a result of a medical professional’s negligence or medical equipment or device failure. Burns are most often caused from an electrical, transferred heat, laser or other surgical equipment thermal burn immediately once contact is made with the patient. Patients may wake up from a surgery focused on an internal organ and find they are also being treated for a skin burn to their lower extremity, the most common area for surgical burns. While some burns can be treated in an outpatient center many others may require ongoing therapy and painful reconstructive surgeries.

While these cases might seem simple, an attorney will be needed to help gather answers and provide careful consideration of the facts prior to taking on a surgical burn case. During this investigative stage, an experienced surgical burn attorney can determine:

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

“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.

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

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.

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.

medical malpractice wrongful death

Levin & Perconti Attorneys Assist Family In $12 Million Award for Failure to Diagnose and Treat Lung Cancer

A jury voted to award $12 million to the family of Doris Newberry after her death following a failure to diagnose and treat her lung cancer. Her family, with the help of Levin & Perconti attorneys John Perconti, Michael Bonamarte and Cari Silverman, were able to prove that the defendants — including family practice doctors Dr. Iza, and Dr. Jeffrey Lindahl of Alexian Brothers Medical Group, as well as radiologist Dr. Jeffrey E. Chung, of Radiological Consultants of Woodstock — failed numerous times to appropriately diagnose and care for Newberry’s cancer. As a result, she experienced pain and suffering and disfigurement, and an untimely death, which could have been prevented had her cancer been diagnosed following a 2010 X-ray which revealed a lung abnormality.

  • Iza saw Newberry several times between June 2008 and August 2010, including an August visit following a July 2010 chest X-ray that showed abnormal findings.
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