Articles Posted in Surgical Error

Published on:

“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.

Published on:

“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.

Published on:

medical malpractice attorneys

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:

Published on:

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

Published on:

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

Published on:

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.

Published on:

The largest ever medical malpractice verdict was awarded on Monday to now-17-year-old Faith DeGrand from Wyandotte, Michigan. After a two week trial and 2.5 hours of deliberation, the 8 person jury found Detroit Medical Center’s Children’s Hospital of Michigan and two doctors guilty of malpractice, awarding $135 million to the girl.

Doctor Vacationed Twice While Victim Lay Paralyzed

Faith DeGrand was 10 years old when she went to Children’s Hospital of Michigan for a relatively routine pediatric scoliosis surgery. Following protocol for the surgery, a rod and screws were placed in her back to help straighten her spine. Her surgeon inappropriately placed the surgical hardware, causing compression on the young girl’s spine. Immediately following the surgery, Faith experienced severe pain, paralysis of her arms and legs, and lost all bowel and bladder control. She was unable to walk or use the bathroom, bound to a wheelchair and forced to use a catheter. Realizing the placement of the surgical devices was causing Faith’s injuries, another surgeon removed them. However, the damage was already done. Faith spent the next year in a wheelchair and will spend the rest of her life using a catheter and unable to have full control of her arms and legs, a condition known as a quadriparesis.

Published on:

The Center for Justice & Democracy, a consumer rights advocacy group out of New York Law School, has compiled a review of medical malpractice incidents and has publicly shared their findings. Entitled “Medical Malpractice: By the Numbers,” the briefing examines recent medical studies and investigations of both inpatient and outpatient groups and facilities such as hospitals, nursing homes, home health agencies, and hospice organizations.

The data brings deficiencies in medical care into the spotlight, specifically the care Americans receive within hospitals. Below is a summary of information from the report our medical malpractice attorneys think is particularly informative and worth sharing. All data sources can be found in the CJ&D briefing. We have included the page number of the report that contains the source for each statistic.

HOSPITALS:

Published on:

A joint effort by the Houston Chronicle and ProPublica has shared disturbing news of a former top heart transplant center’s failure rate. In January, the Centers for Medicare and Medicaid Services (CMS) cited Baylor St. Luke’s Medical Center in Houston, Texas for having twice the expected number of deaths between 2014-2016 in post transplant patients. CMS has given the facility until August to improve their outcomes before they are deemed ineligible to receive federal funding. The citation caught the attention of the Houston Chronicle, who began asking questions of former cardiologists, transplant patients and the loved ones of those patients who had died at the facility. Investigative journalists also spoke to patients with success stories. However, despite several successes, the number of fatal mistakes and omissions of truth made by the surgical team, and in particular its lead surgeon, Dr. Jeffrey Morgan, are astonishing.

Hospital Acquisition the Beginning of Turmoil

Baylor St. Luke’s, the adult teaching hospital for Baylor College of Medicine, has long been seen as one of the best heart transplant centers in the country. Some of the first heart transplants ever performed were done at the hospital in the 1960s, and the surgeon credited with surgically implanting one of the first LVADs (Left Ventricle Assisted Device) is the founder of the heart transplant program at the hospital. For decades the facility enjoyed a reputation as one of the top heart transplant centers in the country, if not the world. Patients would travel from all over to be treated there, and the hospital’s website features their doctors bragging about the hospital’s accomplishments. But most of those were in the past.

Published on:

A well-known downtown Chicago surgical center, Gold Coast Surgicenter, is being sued by a male patient who claims an anesthesiologist negligently administered anesthetic agents, causing him to suffer cardiac arrest that caused brain damage. According to the filing, as a result of improper monitoring during a routine outpatient surgery to repair the patient’s knuckle, the patient suffered from ‘hypoxic-ischemic encephalopathy and other irreversible neurologic brain damage and injury.’

Hypoxic-ischemic encephalopathy (HIE) can occur when the brain has endured a period of time with either reduced oxygen to the brain or reduced oxygen in the blood. This diminished or fully restricted flow of oxygen to the brain causes serious brain damage. HIE is most frequently noted in birth injury cases of cerebral palsy. In adults, HIE is a concern during and after cardiac arrest.

Facility Lacked Standardized Policies and Procedures for Patient Monitoring and Resuscitation