Medical Malpractice Attorneys

You Have The Right To Access Your Medical Records

Published on: February 7, 2020 | Levin & Perconti

Changes to An Individuals’ Right of Access to Health Records

In January 2018, Georgia-based Ciox Health filed suit against the Department of Health and Human Services, arguing that some sections of the HIPAA Right of Access rules around third-party requests for patient records are impermissible under the Administrative Procedure Act (APA). Fast forward two years this month when a federal judge in the District Court for the District of Columbia vacated the “third-party directive” within the individual right of access “insofar as it expands the HITECH Act’s third-party directive beyond requests for a copy of an electronic health record with respect to protected health information (“PHI”) of an individual … in an electronic format.”

Additionally, the court held that the fee limitation should only apply to an individual’s request for access to their records, and does not apply to an individual’s request to transmit health documents to a third party.

Military Members Can File Malpractice Claims

Published on: January 30, 2020 | Levin & Perconti

Government Is Ready to Process Military Malpractice Claims

Since 1950, U.S. Military members have been barred from suing the U.S. government for injury or death resulting from their military duties, including all claims of malpractice, under the U.S. Supreme Court ruling Feres doctrine. But after Army Sgt. First Class Richard Stayskal led a fight to file a $5 million claim for negligence by his Army physicians, a new law is in place that allows active-duty personnel to seek compensation for harm caused by a military health provider.

A bill dubbed the SFC Richard Stayskal Medical Accountability Act led lawmakers to include these changes in the 2020 National Defense Authorization Act on December 20, 2019. The Act now allows troops (or their surviving family members) to file claims for personal injury or death caused by negligence or wrongful acts by a Department of Defense employed health care provider in a military hospital or clinic.

Delayed Treatment Led To Deadly ER Visit

Published on: January 29, 2020 | Levin & Perconti

Wisconsin Woman Died Soon After Leaving Emergency Room

A daycare teacher who was waiting to be seen in a Milwaukee hospital emergency room passed away just a few hours after she decided to leave and try an urgent care facility instead. News reports distributed by CNN on January 17, 2020 say she sought emergency medical care at Froedtert Hospital after experiencing chest pains and shortness of breath.

According to the Milwaukee County Medical Examiner report, after waiting more than two hours, the 25-year-old left and went to seek help at an urgent care. She then collapsed as she arrived at the facility parking lot, and was pronounced dead not long after.

PICU Nurse Distractions Can Cause Medication Errors

Published on: January 27, 2020 | Levin & Perconti

Report Shows PICU Nurse Distractions from Work Phones Could Be Cause of Medication Errors

A late 2019 research study published in JAMA Pediatrics shows that not only are pediatric nurses multitasking and overworked in intensive care units (ICU), they are receiving too many distracting calls on their work phones that may lead to mistakes in administering medications to young patients.

An overview of the report titled Association Between Mobile Telephone Interruptions and Medication Administration Errors in a Pediatric Intensive Care Unit includes:

Funding Pulled From Chicago Lakeshore Hospital

Published on: January 23, 2020 | Levin & Perconti

Department of Public Health Plans to Remove License from Chicago Lakeshore Hospital, Federal Funding Revoked

Without federal funding from The Centers for Medicare and Medicaid Services (CMS) and a facility license provided by the Illinois Department of Public Health (IDPH), Chicago Lakeshore Hospital may finally pay for its continued failures in compliance by jeopardizing patient health and safety. CMS recently announced it would terminate a Medicare agreement, which provides accompanying federal funding to the psychiatric hospital formerly known as Aurora Chicago Lakeshore Hospital, and IDPH released plans to revoke the facility’s license. Both agencies cited ongoing allegations of abuse, safety violations, and deficiencies that threaten the overall wellbeing of patients as the cause.

Chicago Lakeshore Hospital is a private psychiatric facility located in the northside of the city.

Failure To Comply With MRI Recommendations

Published on: January 6, 2020 | Levin & Perconti

MRI Recommendations

Lack of Physician Compliance Identified After Radiologist Suggests Secondary Imaging

Magnetic resonance imaging (MRI) is a noninvasive test used to diagnose and detect medical conditions, especially those that impact the joints, spine and soft tissues such as muscles and tendons. Once the imaging is complete, a radiologist, a doctor who is trained to review the exam images, will send a signed report to the patient’s primary care or referring physician with recommendations for diagnosis or treatment. The treating physician will then share the results with their patient and explain if a follow-up exam or further evaluation is required.

Common use for MRI is to diagnose or evaluate musculoskeletal injuries or diseases:

12 Medical Malpractice Facts That Support a Lawsuit

Published on: November 1, 2019 | Levin & Perconti

medical malpractice facts
According to a study by Johns Hopkins University, medical malpractice is now the third-leading cause of death in the United States, and on average, 250,000 people die from medical malpractice, surgical errors and mistakes each year and the numbers continue to rise.

Data from 2009 to 2018 collected by the National Practitioner Data Bank (NPDB), an exhaustive government database of all medical malpractice reports and payments in the United States, concludes these alarming facts.

The average payout for a medical malpractice lawsuit in the past ten years was $309,908

October is Breast Cancer Awareness Month

Published on: October 24, 2019 | Levin & Perconti

L&P - Breast Cancer Month

What If A Doctor Failed to Diagnose Your Breast Cancer?

Johns Hopkins Medicine researchers estimate that medical error, including failure to diagnose, is the third leading cause of death in the U.S. And in many cases, medical conditions such as breast cancer are treatable when caught early but failing to diagnose or treat can often lead to further injury or death. With today’s greater awareness of one of the biggest killers to American women, as well as technological and diagnostic advancements, doctors should be able to detect breast cancer based on symptoms, standard age-based tests, or readily available screening methods. In many types of breast cancers, an early and correct diagnosis can make a significant difference in prognosis.

According to the National Breast Cancer Foundation, some of the more common breast cancer diagnoses include:

Hospitals Should Be Prepared For Cyber Attacks

Published on: October 7, 2019 | Levin & Perconti

med mal attorney

URGENT/11: Medical Products Are Vulnerable to Cybersecurity Threats

Healthcare organizations, IT professionals, device manufacturers and patients are being warned of cybersecurity vulnerabilities. The U.S. Food and Drug Administration issued a safety communication alert on October 1 explaining the serious safety and security risks due to URGENT/11 and a third-party software system called IPnet.

“Security researchers, manufacturers and the FDA are aware that the following operating systems are affected, but the vulnerability may not be included in all versions of these operating systems,” said FDA officials in a released statement which included a warning involving six different operating systems.

How To File A Malpractice Claim In Illinois

Published on: September 26, 2019 | Levin & Perconti

illinois med mal lawyer

3 Things to Know Before Filing a Medical Malpractice Claim in Illinois

Medical negligence or malpractice is often the result of a professional or an institution breaching the standard of care. Illinois health systems, doctors, nurses, psychiatrists, dentists, chiropractors, and clinicians of all kinds can be responsible for a negligent act that provides the basis of a medical malpractice lawsuit. Examples of malpractice may stem from:

A hospital choosing to reduce staffing or hours of monitoring at medical facilities