Articles Posted in Medical Malpractice Lawsuit

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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.”

“Safety advocates said that without access to public data, it has been too easy for hospitals to excuse poor outcomes by blaming mothers’ health problems.”

-USA Today

Hospitals Blame Mothers When Things Go Wrong

“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.

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

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.

A recent study published in the Mayo Clinic Proceedings reveals that 54% of American physicians report feeling burnt out at work. Lead study author, Stanford pediatric physician Daniel S. Tawfik, and his team found that those experiencing burnout were TWO times as likely to have made a major medical error in the last 3 months. Study authors also believe that based on this information, 1/3 of all American physicians are experiencing burnout at any given time.  Researchers describe burnout as “emotional exhaustion or cynicism.”

The study questioned 6,586 physicians in active practice at an American hospital or clinic and asked them to report feelings of burnout, excessive fatigue, recent suicidal thoughts, their thoughts on patient safety on the unit in which they primarily work, as well as those who had made a major medical error. The authors found:

  • 54.3%  of physicians admitted feeling burnt out

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