Articles Posted in Professional Malpractice

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:

nursing education reform

A New Generation of Nurses Will Require Clinical Teachings to Lessen Medical Error Rates 

We carry no doubt that America’s nurses have devoted years to their education in the classroom by experienced instructors lecturing on how to identify illnesses, symptoms and diseases. And they are learning about how different treatments and medications can be used in case studies and textbooks authored by advanced clinical researchers. But unfortunately, most of these nurses will never acquire much situational teaching in clinical settings or practice the application of their learnings before starting their career. This is resulting in poor judgement calls on behalf of patients, and ultimately more malpractice lawsuits.

According to the National Council of State Boards of Nursing (NCSBN):

breathing tubes

Breathing Tube Removal Mistakes Can Be Deadly for Hospital Patients 

During sedation or illness, many hospital patients may require breathing assistance through intubation. The device used in this procedure is called an endotracheal tube (ET) which is placed through a patient’s mouth and then into the airway so that a breath can be delivered when used with a ventilator. The sensitive intervention can be especially necessary for patients with respiratory failure in both hospital intensive care units (ICU) and pediatric intensive care units (PICU).

Unplanned extubation (UE) is the uncontrolled and dangerous removal of this life-sustaining breathing tube. Sometimes the removal is self-induced by a patient, but healthcare providers also make deadly mistakes during the repair of a tube, suctioning, weighing, or replacing a ventilator circuit. Sadly, UE is a complication that occurs in more than 121,000 adult patients every year in the U.S. and kills 33,000 American adults, as noted in a recent article published in MedPage Today, authored by Art Kanowitz, MD, FACEP.

medication injuries

FDA Issues Boxed Warning for Popular Insomnia Drugs 

Insomnia is a common complaint in hospitalized patients and elderly residents of nursing homes. The sleep condition is characterized by an imbalance of a person being able to fall asleep, stay asleep, or a general decline in sleep quality. Insomnia is a common condition that The Better Sleep Council’s studies say nearly 50 percent of patients report having. In the same survey, elderly patients, such as those that live in nursing homes, experience unique sleep disturbances, including:

  • 21 percent reported new-onset insomnia

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.

medical errors

13 Ways to Protect Yourself from Medical Errors 

A newly released study highlighted the striking rise in preventable medical errors of more than 300,000 adult patients was published on July 17, 2019 in the medical journal, The BMJ. The data collected represented 1 in 10 patients harmed in the course of their medical care, half of which were preventable.

The study found:

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:

birth injury lawyers

New Survey Shows Women Deserve Better Treatment While in Labor 

After the review of a recent survey of American women, Giving Voice to Mothers (GVtM), conducted by both clinicians and researchers using World Health Organization frameworks, it is now known that one out of six women surveyed reported being mistreated while in labor.

Examples of their mistreatment included:

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.

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