Articles Posted in Medical Malpractice

Heart disease is reportedly the number one killer of American adults. An estimated 80 million people across the United States currently suffer from the disease. A number of the nation’s leading cardiologists reportedly believe that many heart disease patients are given too many prescription medications. In addition, some evidence allegedly demonstrates that many heart drugs are ineffective.

According to Dr. Micah Eimer, a cardiologist in suburban Chicago, individuals who suffer a heart attack generally leave the hospital with at least five different prescription medications designed to lower blood pressure, thin the blood, and reduce cholesterol. He said because each drug has been proven to extend a patient’s lifespan, it is “practically malpractice if you don’t prescribe those.” Dr. Eimer added that physicians currently have little information regarding when it is beneficial for heart disease patients to stop taking such medicines. As a result, such prescriptions are purportedly rarely halted and others are simply added to a patient’s list of medications.

Dr. Harlan Krumholz, Professor of Cardiology and Public Health at Yale University, said heart patients tend to accrue medications over time despite the risk for side effects, drug interactions, and other potential issues. When Dr. Krumholz analyzed data from the federal Medicare program, he reportedly found that the average heart disease patient takes 12 medications. In addition, he said some take as many as 30 drugs. He purportedly believes physicians are too eager to prescribe heart medications and too reluctant to stop their use. According to New York University Professor of Medicine and spokesperson for the American Heart Association Dr. Richard Stein, most heart disease patients need between seven and nine medications each day. He said additional medications are likely unnecessary.

Doctors in Chicago and across the nation should not be reluctant to take patients off of ineffective or potentially harmful prescription medications. Sadly, overmedication or other prescription drug errors may cause lifelong injury or death. All patients are placed at risk of being hurt or killed by the intentional or careless acts of medical professionals. Medical negligence may result when a physician, nurse, pharmacist, dentist, or other health care provider fails to provide a patient with the prevailing standard of medical care and the patient is injured as a result of that failure. If you were harmed or a loved one was killed by a doctor or other medical professional’s negligent act or omission, you should contact a quality medical malpractice lawyer to discuss your rights.
Continue reading

Four potential medical negligence settlements could cost Cook County taxpayers about $24 million. In the first case, a civil lawsuit filed in a Cook County court alleges that a three-year-old boy sustained extreme brain damage as a result of an elective outpatient surgery performed at Stroger Hospital in December 2011. While in recovery from the operation, the child allegedly suffered cardiac arrest and his pulse stopped for as long as 15 minutes. The lawsuit also alleges that the boy went without oxygen for at least five minutes before medical staff began performing CPR. The child allegedly suffered irreversible and permanent brain damage and will require treatment for the rest of his life.

According to reports, Cook County State’s Attorney Anita Alvarez’s Office has recommended the county board agree to what would purportedly be the largest settlement in the history of Cook County. The structured settlement would reportedly be paid out of a self-insurance fund that was created specifically for cases of medical negligence. In addition to the child’s case, the Cook County Board will also be tasked with reviewing three other proposed medical malpractice settlements that supposedly arose at the same hospital.

According to County Commissioner Larry Suffredin, the four medical negligence lawsuits resulted from independent errors and are not part of a larger pattern. Additionally, Suffredin stated Dr. Ramanathan Raju, Head of the Cook County Public Health System, has instituted a new risk-management system that was designed to prevent additional medical mistakes.

Unfortunately, patients of all ages are placed at risk of being injured or killed by the intentional or careless acts of medical providers. Medical negligence results when a surgeon, nurse, dentist, pharmacist, or other health care professional fails to provide his or her patient with the prevailing standard of medical care and the patient suffers an injury as a result of that failure. Sadly, preventable surgical mistakes like the one in this case can potentially cause lifelong damage or tragic death. If you were hurt or a close relative was killed by a physician or other medical provider’s negligent act or omission, you should discuss your case with a skilled medical malpractice lawyer as soon as possible.
Continue reading

According to researchers from the Agency for Healthcare Research and Quality (AHRQ), physicians and other medical professionals who use standard written safety checklists when responding to surgical crises have better outcomes than those who do not. In fact, doctors are reportedly 75 percent more likely to ensure that all necessary critical care steps are taken when using a checklist. According to AHRQ Director Dr. Carolyn M. Clancy, it has long been established that written checklists improve patient outcomes following routine surgical procedures. Clancy said the research was the first time evidence has shown similar checklists can benefit patients during a surgical emergency.

As part of a study recently published in the New England Journal of Medicine, investigators reportedly simulated operating room emergencies such as heart attacks, an air embolism, severe allergic reactions, an unexplained drop in blood pressure, and heavy bleeding. Researchers then analyzed the response of 17 randomized surgical teams from three Boston area hospitals. Each team reportedly included a mock surgeon, surgical technologists, nurses, and anesthesia staff. In half of the scenarios, the teams were provided with written checklists to adhere to. In the other half, each team was required to use life-saving measures without a written guide. According to researchers, the checklists aided the operating room teams in eliminating missed steps about three-fourths of the time. In addition, 97 percent of those who participated in the study said they would want such checklists used in the event of their own surgical crisis.

Unexpected surgical crises reportedly require operating room staff in Illinois and across the nation to respond both quickly and correctly. Failure to appropriately respond to a surgical crisis can have life-threatening implications. Dr. Atul Gawande, Senior Study Author, Surgeon, and Professor at the Harvard School of Public Health, said the research proves that simple, carefully crafted, evidence-based surgical checklists can improve patient safety during unexpected crisis events.

The use of written checklists is rapidly becoming a standard for routine surgical care. Medical negligence occurs when a physician, nurse, or other health care professional does not provide a patient with the prevailing standard of medical care. Medical malpractice can also result when a doctor fails to properly diagnose or treat a patient’s medical condition. If you suffered an injury as a result of medical negligence in Illinois, you have up to two years from the date you learned of the injury to file a lawsuit. If you were hurt or a loved one died as a result of negligent medical care, you should contact a skilled medical malpractice lawyer to discuss your case.
Continue reading

Due to a reported $9.6 million budget shortfall, the Illinois Department of Financial and Professional Regulation recently laid off 18 of the organization’s 26 medical investigators and regulatory staff. According to department officials, the move will have a dramatic effect on medical licensing and physician disciplinary matters throughout Illinois. Organization spokesperson Sue Hofer, said the remaining eight positions will include one licensing position, two to three investigators, one medical coordinator and more than one attorney. She added that the decreased staffing levels will reportedly result in delays of at least one year for all new and reissued Illinois medical licenses.

A professional licensing backlog may only serve to increase criticism of the organization. In 2012, four full-time staff and a number of temporary workers allegedly processed more than 2,300 temporary medical licenses for new physicians. In addition, Illinois doctors are required to renew their medical licenses every three years. An estimated 46,000 physicians will be required to renew their professional license by July 2014. New doctors and individuals who move to the state will likely be affected sooner.

Many in the medical community are alarmed by the staffing cuts. Dr. Sidney Wolfe, a national consumer advocate, said the cuts pose a danger to the health and safety of Illinois residents because they greatly reduced the state’s ability to investigate and police medical professionals. In addition, some hospitals expressed concern regarding the effect the cuts would have on their own staffing levels. According to Dr. Joshua Goldstein, Associate Dean for Graduate Medical Education at Northwestern University, both training programs and patient care will be impacted if new residents are unable to secure their medical licenses in a timely fashion.

Hofer said the staffing headaches will also have an effect on the department’s ability to investigate and prosecute complaints regarding substandard physician care. The organization has come under attack in recent years for failing to adequately discipline Illinois doctors. In 2010, the Chicago Tribune reportedly uncovered at least 16 convicted sex offenders who held a valid Illinois medical license. Although new legislation requires that all health care workers who are convicted of certain crimes permanently lose their medical license and established additional requirements aimed at doctors accused of harming patients, Hofer said funding cuts make complying with the law difficult.

Medical malpractice occurs when a physician or other health care professional fails to provide a patient with the prevailing standard of medical care. Medical malpractice may also result when doctor fails to properly diagnose or treat a medical condition. If you were hurt after you received negligent medical care, you should contact a skilled medical malpractice lawyer.
Continue reading

A study recently published in the journal Surgery claims that at least 4,000 preventable surgical mistakes occur in the United States every year. Such mistakes are generally referred to as “never events” because they are the sort of hospital or physician errors that should never occur. Examples of preventable mistakes include performing an operation on the wrong side of a patient or leaving a foreign object such as a sponge inside of someone following surgery. Although preventable surgical mistakes reportedly result in temporary harm about 59 percent of the time, 33 percent of individuals affected experience a permanent injury and about seven percent of never events prove fatal.

As part of the recent study, researchers reportedly analyzed data collected from the National Practitioner Data Bank between 1990 and 2010. The study found that an estimated $1.3 billion in medical malpractice claims were paid following about 10,000 preventable surgical mistakes during the time period analyzed. Study authors estimate that doctors across the nation perform the wrong procedure on patients about 20 times per week. In addition, an object is unintentionally left inside of a patient about 39 times per week and physicians allegedly operate on the wrong body part about 20 times each week. Researchers reportedly believe such events actually occur at a much higher rate than reported.

According to Dr. Marty Makary, Associate Professor of Surgery at Johns Hopkins University School of Medicine, many so-called never events go unreported for a variety of reasons. For example, not all foreign objects that are left behind by surgeons are discovered. Makary said such errors are often only revealed after a patient experiences complications. Additionally, hospitals are allegedly only required to report never events that result in a medical malpractice judgment or settlement.

The recent study claims that about one-third of surgical mistakes are performed by a physician who is between the ages of 40 and 49. In contrast, only about 14 percent of preventable surgical mistakes reportedly occur at the hands of a doctor who is over age 60. Researchers also found that about two-thirds of surgeons who made preventable errors were previously cited for malpractice. In addition, more than 12 percent of surgeons were implicated in more than one never event.

Dr. Donald Fry, Executive Vice President at Chicago-based health care think tank Michael Pine and Associates, said the frequency at which never events occur in hospitals throughout the country is alarming. He also stated many medical professionals do not like to discuss such events. Fry reportedly believes that increased teamwork between surgeons, nurses, and others in the operating room may help to reduce the rate of preventable surgical mistakes. He also said a culture of safety should be fostered by more hospitals.

Medical malpractice results when a surgeon, nurse, dentist, pharmacist, or other health care professional fails to provide his or her patient with a reasonable standard of medical care and the patient is injured. Unfortunately, preventable surgical mistakes may cause painful and lifelong damage or unexpected death. If a physician or other medical professional negligently hurt you or someone you love, you should discuss your case with a skilled medical malpractice lawyer today.
Continue reading

The estate of a Blue Island 17-year-old who died in February 2011 following an allegedly routine root canal surgery has filed a wrongful death lawsuit in Cook County Circuit Court against the Chicago-based dental chain where he was treated. The teenager reportedly sought treatment at a Dental Dreams office in Blue Island after he lost a filling while eating a piece of candy. Four days later, the boy purportedly began feeling ill. After his condition worsened, the teenager was taken to MetroSouth Medical Center where he died the following day.

According to the Cook County Medical Examiner’s Office, the high school senior contracted sepsis as a result of the root canal procedure. Sepsis is a toxic infection that occurs after an infected patient’s bloodstream is overwhelmed by bacteria. Dr. Christopher Wenckus, Head of the Endodontics Department at the University of Illinois at Chicago, said it is extremely rare for a dental patient to contract sepsis following a root canal.

The wrongful death lawsuit claims the 17-year-old died as a result of negligence that was committed by his dentist. The case also accuses his dentist of using the wrong equipment on the boy and failing to adequately drain and seal his tooth. According to the lawsuit, negligence on the part of the teenager’s dentist created an environment that was not sterile and ultimately contributed to his fatal infection. Additionally, the young man’s dentist reportedly failed to provide the boy with a prescription for antibiotics following his dental procedure.

The dentist who performed the teen’s root canal was licensed to practice dentistry in the State of Illinois in 2010. According to the Illinois Department of Financial and Professional Regulation’s website, she has not had any professional disciplinary action taken against her in Illinois. The wrongful death lawsuit reportedly seeks an unspecified amount of damages as well as both medical and funeral expenses.

Medical malpractice occurs when a dentist, doctor, nurse, pharmacist, or other health care professional fails to provide a patient with a reasonable standard of medical care. Additionally, medical malpractice may also result when a health care provider fails to properly diagnose or treat a patient’s medical condition. If you believe a medical professional provided you or a family member with negligent care, you should discuss your case with a committed medical malpractice attorney.
Continue reading

A nationwide outbreak of fungal meningitis has infected more than 400 patients and killed at least 29 people. The rare disease was reportedly transmitted to patients who received contaminated steroid injections manufactured by the New England Compounding Center (NECC), a Framingham, Massachusetts pharmacy. Patients in 19 states have allegedly contracted fungal meningitis after receiving the contaminated drug via spinal and joint injections for pain management. A Chicago resident who received a spinal injection at a local APAC Center for Pain Management is believed to be the second person in the State of Illinois to have contracted the deadly disease.

Meningitis causes the lining surrounding a victim’s brain and spinal column to become inflamed. Victims of the disease normally experience a stiff neck, intense headaches, numbness, weakness, light sensitivity, and fever. Symptoms of infection can take more than one month after exposure to appear. Unlike other forms of the disease, fungal meningitis cannot be transmitted from person to person. The fungus that causes the infection must be directly introduced into a victim’s system. Once diagnosed with fungal meningitis, victims must undergo several months of intravenous anti-fungal treatment.

According to the nation’s Centers for Disease Control and Prevention (CDC), approximately 14,000 patients in at least 23 states may have received contaminated steroid injections produced at NECC. Since the fatal outbreak began, NECC has stopped all production and issued a recall for every drug manufactured at the facility since May 21, 2012. Although tests for fungal contamination are still pending, the United States Food and Drug Administration (FDA) reported on November 1st that two additional products distributed by NECC tested positive for bacterial contamination. The contaminated drugs include three batches of steroid used by doctors while performing eye surgery and a drug used during heart surgery.

Compounding facilities like NECC are small-scale specialized pharmacies that ordinarily produce individualized drugs that are not commercially available for specific patients. A compounding facility may also change the dosage, format, or ingredients of a drug. Often, such pharmacies will remove allergens or other ingredients based on a specific patient’s needs. Because compounding facilities are pharmacies, they are generally not subject to the same FDA oversight as large-scale drug manufacturers. Since the fungal meningitis outbreak began, some members of Congress have called for more federal regulatory control and oversight of the facilities.
Continue reading

An Illinois medical malpractice lawsuit has been filed against North Suburban Glenbrook Hospital, according to the Lake County News-Sun. The lawsuit was filed by the family a 56-year-old lake Forest man who died while a patient at the hospital in Glenview, Illinois.

The patient developed an infection in his hip earlier this year. He underwent surgery at Glenbrook Hospital and developed kidney failure. His kidney failure required dialysis but the hospital allegedly failed to monitor his fluid levels appropriately, according to attorney Patrick Salvi, who is representing the family.

The lawsuit also alleges the patient received blood, but not dialysis in late December. He went into cardiac arrest and died a short time later. The attorney states that the plaintiff’s autopsy showed a fluid overload to be the cause of death.

A Chicago nurse was scheduled to appear in court Tuesday on charges that he sexually assaulted a patient at a North Side hospital, according to NewsRadio 780.

The Chicago sex abuse case reportedly occurred at Weiss Memorial Hospital in February.

The 48-year-old accused nurse, who lives on North Kostner Avenue in Sauganash, is charged with criminal sexual abuse and was arrested at about 7 a.m. Monday at the hospital, according to police.

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.

Contact Information