January 25, 2008

In Winnebago County, Illinois, Stepping On Toothpick Leads To $250,000 Medical Malpractice Settlement

In Winnebago County, Illinois a woman stepping on a toothpick has resulted in a $250,000 medical malpractice settlement, according to the Chicago Daily Law Bulletin. The woman reportedly stepped on a used toothpick at home and then sought out medical treatment from a doctor. The defendant doctor failed to identify and treat a developing infection which subsequently resulted in nerve damage. The case was settled without having to file a lawsuit.

The settled case was captioned Pam Shult v. Jerome Randall. The plaintiff was represented by Devon C. Bruce of Chicago.

David Abels & Associates, P.C. is currently working on a similar medical malpractice issue that happened in Chicago, Illinois where a seemingly minor injury led to serious medical complications. Our client's big toenail on his left foot was rubbing up against his 2nd toe and an infection developed. The infection was not properly diagnosed by a Chicago area emergency room, the infection spread, and our client's leg was partially amputated below the knee.

November 13, 2007

Illinois Medical Malpractice Caps Ruled Unconstitutional By Cook County Judge

Cook County Judge Diane Larsen has ruled Illinois' law limiting jury awards for medical malpractice cases unconstitutional. The law imposed a cap on non-economic damages (pain and suffering and disfigurement) of $500,000 against doctors and $1,000,000 million against hospitals.

The ruling was made in Estate of Lebron Abigaile, et. al., v. Roberto Levi Dancona, M.D., et. al., Cook County Case No. 2006 L 012109. The case will now most likely go up on appeal directly to the Illinois Supreme Court.

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November 13, 2007

Chicago, Illinois Transplant Recipient Nightmare - 4 Contract HIV

In Chicago, Illinois four transplant recipients have contracted HIV from a high risk organ donor whose infection went undetected, according to the Chicago Tribune. The transplants occurred at Northwestern Memorial Hospital, Rush University Medical Center and the University of Chicago Medical Center.

The Tribune reports that an Elmhurst, Illinois based organ donor agency involved in the matter has admitted that a screening questionnaire showed that the HIV infected donor had engaged in high-risk behavior, but the agency still tested and approved the organs for donation.

Whether it was negligent for the agency to approve the organ donation after the disclosure of high risk behavior is an issue that will likely be decided in Court.

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This is the first known case of HIV transmission by organ donation in the U.S. since 1985. There have been approximately 400,000 transplants since then without transmission through donated organs, according to a spokesman for the United Network for Organ Sharing.