Articles Posted in Medical Malpractice Lawsuit

Levin Perconti - Elderly Man Against the World

Understanding How Illinois Law Applies in FTCA Malpractice Suits

Medical malpractice can happen to a patient at any stage – during diagnosis, treatment, procedures and surgery, recovery, or even at a simple office visit. It can also occur while being a patient at any medical facility, including a government-run health system such as a Veterans Affairs hospital. But medical malpractice claims against the U.S. Government (and its agents) is complex and involves The Federal Tort Claims Act (FTCA). FTCA is a federal statute that provides a broad waiver of sovereign immunity, effectively allowing people the opportunity to pursue a personal injury (or tort) claim, and for plaintiffs to sue the United States for things such as negligence committed by individuals employed by the government.

To file a federal tort claim and seek compensation in Illinois, you must demonstrate these three things:

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.

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

medical malpractice

 Neil Armstrong’s Secret “Hush” Money Settlement as Reported by The New York Times

Five years ago, at Mercy Health – Fairfield, a community hospital located in Cincinnati, retired American astronaut Neil Armstrong underwent a heart surgery with a fatal outcome. On July 23, 2019, around the same time media outlets celebrated the American astronaut’s 50th-anniversary moon walk, The New York Times published a story stating that after Mr. Armstrong died, his family threatened legal action against the hospital believing medical negligence was the cause. Armstrong’s two sons pointed blame at incompetent post-surgical care for taking their father’s life. The medical dispute was followed by a 2014 secret settlement – worth millions.

Legal documents (some now publicly available), along with a pleading personal note from the anonymous sender, was sent anonymously to The New York Times in 2019. The paperwork showed the hospital privately paid the Armstrong family $6 million to settle the family’s dispute over his cause of death and avoid the public shaming of the hospital’s wrongdoing. Several medical reports and analysis of when and how any medical mistakes impacted Mr. Armstrong’s death were also discovered, in which hospital officials used the pseudonym “Ned Anderson” for Mr. Armstrong after being fearful of any publicity surrounding his wrongful death.

As Malpractice Laws Changes, Patient Safety Concerns Grow

The 12th edition of Medical Malpractice: By The Numbers is now open for review and examines the latest statistics, facts, and research concerning unsafe hospitals, preventable patient injuries, negligent clinicians, and medical errors. Authored by the Center for Justice & Democracy at New York Law School (CJ&D) researchers say the 172-page volume includes over 500 linked footnotes and sources and was released at a time when laws are making it harder for patients and their families to place accountability on wrong-doing hospitals and incompetent physicians.

Briefing book statistics are shared for topics such as:

medical malpractice

Whiteside County Judge Orders $2.2 Million in Favor of 2-Year-Old Boy Injured by Medical Negligence  

Dr. Zewdu Haile, Dr. Duncan Dinkha, Acute Care, Inc. and the Morrison Community Hospital District have been ordered to pay $2,022,195 as the result of a civil lawsuit verdict issued against them in May. Whiteside County Judge Patricia Senneff named all defendants guilty from the medical negligence lawsuit filed on behalf of a 2-year-old boy who sustained additional injuries and medical malpractice after his wrist injury was wrongly cared for.

According to the boy’s family attorney, the lawsuit stemmed from a November 2011 incident in which the toddler sustained further injuries after a physician applied a wrap to his wrist following a fall down the stairs. The lawsuit alleged that “Haile applied a wrap that was too tight on the child’s arm, cutting off circulation to the arm, hand, and wrist and causing permanent injuries to the child. Dinkha then failed to remove that wrap when the child was later returned to the emergency room.”

medical malpractice lawsuit

Hospitalized Man’s Life Support Decision Made by the Wrong Family  

On May 13, 2019, a social worker from Mercy Hospital was busy making calls and seeking relatives of a patient identified by Chicago police as Alfonso Bennet. The man had been hospitalized in the ICU after being severely beaten. He required a ventilator to breathe and was nearly unrecognizable to his supposed sisters, who soon came to visit and make critical medical decisions on his behalf, such as removing him from life support.

Soon after family members permitted doctors to perform a tracheotomy, the man did pass away, and his alleged sisters made funeral arrangements. It was then that the real Alfonso Bennet was found still alive and the now deceased man identified by police became a mystery.

chicago med mal lawyers

Levin & Perconti Recognized for Work on Medical Malpractice Cases 

Levin & Perconti has been selected as a finalist by The National Law Journal’s 2019 Elite Trial Lawyers Award for their work on medical malpractice cases.

NLJ’s editors and reporters reviewed more than 300 submissions from lawyers and law firms from across more than 20 categories, seeking those who demonstrated repeated success in cutting-edge work on behalf of plaintiffs over the last 18 months. The selection committee was also looking for legal services with a solid track record of client wins over the past three to five years.

medical malpractice

6 Wrongful Death Lawsuits Settled for Ohio Families Impacted in Deadly Pain Medication Scandal

Several news outlets from Columbus, including WBNS-10TV, are reporting two additional families representing Ohio patients who died from fentanyl overdoses at Mount Carmel West have reached separate wrongful death settlement agreements totaling $700,000.

  • Court records reveal one of the settlements involves patient Peggy Francies who died in October of 2017. Her family will receive $500,000 in compensation.

med mal attorney

Even with High Cost of Malpractice Insurance, Preventing Medical Errors Should Remain Focus of All Doctors

On March 25, 2019 WalletHub, a consumer-finance research website, released a report which ranked Illinois as the 40th best place to practice medicine in the United States. Researchers analyzed all U.S. states and the District of Columbia across two key dimensions, “Opportunity & Competition” and “Medical Environment” and then evaluated those dimensions using 18 weighted metrics, graded on a 100-point scale, with a score of 100 representing the most favorable conditions for practicing doctors.

Those 18 metrics include:

Chicago med mal attorneys

FDA Releases Statement on Dangers of Staplers Used in Common Surgeries

Everyday medical devices such as surgical staplers can be beneficial tools and aid procedures in both time and recovery when used correctly. But after the U.S. Food and Drug Administration (FDA) reviewed an increasing number of reports in line with the use of these common devices, the need to update safety recommendations and remind medical providers of the risks associated with the devices’ safety became correspondingly apparent.

“As part of our public health mission, it is important that we communicate with the public when we become aware of issues stemming from the use, or misuse, of medical devices.”

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