Medical Malpractice

Published on: November 20, 2015

Hospital Safety Varies Significantly in Illinois and across the Country

According to a newly published report, patient safety varies significantly among hospitals across the country. Significant variations also occur within states, with Illinois being no exception. The company that conducted the study also stated that over 400,000 people die each year due to preventable hospital errors in the United States.

The company collected data related to 28 safety measures to determine how effective hospitals are at ensuring the safety of their patients. Hospitals were scored and graded based on how well they guarded against unnecessary medical errors, accidents, injuries, and infections. In the report, hospitals could receive a grade of anywhere from “A” to “F.”

Using individual hospital ratings, the company was also able to determine which states provide the safest hospital care. By comparing the number of highly rated hospitals in a state with the total number of hospitals in that state, the company was able to compare hospital safety on a state by state basis. Overall, Illinois hospitals ranked sixth nationally in patient safety.

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Published on: November 19, 2015

Woman Sues Illinois Surgeon and Hospital for Medical Malpractice

By Moll Law Group

According to a news report, a woman recently filed a lawsuit in Cook County Circuit Court against an Illinois surgeon and hospital for medical malpractice. The surgeon operated on the lumbar, or lower, portion of the woman’s back. Two other defendants are also named in the lawsuit.

According to the lawsuit, the woman suffered neurological damage during the surgery as a result of the negligence of the defendants. Specifically, the woman is alleging that the defendants improperly utilized retractors during the lumbar surgery, and that they failed to take reasonable measures to protect the nerves in her lower back from surgical damage. The patient is also alleging that the defendants failed to timely recognize the nerve damage caused by their actions during the surgery and to accurately diagnose her condition.

The patient is suing each defendant for a minimum of $50,000. As a result of their actions, she is seeking compensation for both economic and non-economic damages. Generally speaking, economic damages refer to out-of-pocket medical expenses, lost wages, and lost future income, while non-economic damages relate to an injured patient’s pain and suffering, emotional distress, and overall loss of enjoyment in life.

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Published on: November 7, 2015

Medical Device Likely Contributed to Surgery-Related Deaths

By Moll Law Group

According to news reports, eight patients who underwent heart bypass surgery at a Pennsylvania hospital most likely suffered bacterial infections because of a contaminated medical device used during the surgeries. The device is a heater-cooler unit used to control a patient’s blood pressure during open-heart surgery. Of the eight patients who were likely infected by the device, four died.

After a joint investigation with the Federal Centers for Disease Control and Prevention, the hospital announced that the infections were probably the result of the contamination of tap water used in the device. According to the hospital, the devices were not being cleaned in full compliance with the manufacturer’s guidelines. To prevent further bacterial contamination, the manufacturer now recommends that the devices be filled with filtered water and hydrogen peroxide and cleaned with bleach.

Patients undergoing bypass surgeries are more susceptible to infection. According to the U.S. Food and Drug Administration, there have been 32 reports around the world of infection or contamination relating to the medical devices. Even so, the total number of infections resulting from the device is not exactly known, since symptoms do not always surface immediately after surgery.

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Published on: October 30, 2015

McDonald v. Lipov: Certificate of Merit Requirements in Illinois Medical Malpractice Cases

By Moll Law Group

In a recent case in front of an Illinois appellate court, a woman lost her right to recover for injuries that she claimed were due to negligent treatment by her attending physician. In the case, McDonald v. Lipov, the court determined that the “certificate of merit” requirement is strictly enforced in medical malpractice cases, and it may also be enforced in medical battery claims, depending on the surrounding facts.

According to the court’s written opinion, the plaintiff filed suit against her treating physician pro se, meaning without the assistance of an attorney. The court granted her ample time to comply with the procedural requirements of § 2-622, which mandates that a certificate of merit be obtained from a qualified medical expert. The plaintiff failed to do so, and the case was dismissed.

The plaintiff then refiled the action, rephrasing several of the same claims. Rather than bringing the claims as “medical malpractice” claims, the plaintiff phrased them as “medical battery” claims, in hopes of avoiding the requirements of the statute.

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Published on: October 29, 2015

Illinois Appellate Court Discusses Medical Battery Cases and Potential Affidavit Requirement

By Moll Law Group

An Illinois Appeals Court recently confirmed that some plaintiffs in medical battery claims are required to include a certificate of merit at the same time that they file the initial lawsuit. According to one news source, this was the second appeals court to require the certificate in this type of case.

Under Illinois law, when a plaintiff files suit against a medical professional alleging negligence, the plaintiff is required to attach a sworn statement, or affidavit, to the complaint indicating that the claim is reasonable and that there is merit to the case. The statement must be based on the plaintiff’s consultation with a medical professional about the circumstances of the case. Medical negligence is also called medical malpractice.

In the recent case, one of the plaintiff’s claims was for medical battery in addition to medical malpractice. In a medical battery action, a plaintiff claims that the treating doctor touched or operated on a part of his or her body without the plaintiff’s consent during a medical procedure. In the first medical battery case that the court addressed, a surgeon cut the patient’s tendons during surgery, even though the surgery did not require that the tendons be severed, and the patient had not authorized that the tendons be cut.

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Published on: October 27, 2015

Illinois Wrongful Death Cases Based on Medical Malpractice Must Be Brought within Two Years of Death

By Moll Law Group

Earlier this year, an Illinois appellate court decided a case holding that the time of accrual for a wrongful death action based on the legal theory of medical malpractice is the time of death, rather than the time the alleged negligence was discovered. In the case, Moon v. Rhode, the plaintiff was the son of a woman who died while in the care of the defendant doctors.

According to the court’s written opinion, the plaintiff’s mother was in the care of the defendant doctors for 11 days preceding her death. At some point in that period, a CT scan was conducted and the results examined by one of the defendant doctors. Action was not taken after reviewing the results, and several days later the woman passed.

The plaintiff obtained medical records one year after his mother’s death. Three years after that, he contacted a medical expert, who opined that any “reasonably, well-qualified radiologist and physician would have identified” a breakdown in anastomosis, which ultimately contributed to the death of his mother. The plaintiff then filed suit against several treating physicians, claiming that his mother’s death was a result of the allegedly negligent medical care provided by the defendants.

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Published on: October 26, 2015

Cook County Woman Sues Doctor After Surgery

By Moll Law Group

A local woman sued a surgeon recently after undergoing surgery to improve a condition involving her upper, or cervical, spine. The cervical spine is the portion of the spine located closest to the neck. The patient initially sought treatment from the doctor due to ongoing neck pain.

According to the lawsuit, the surgeon performing the surgery was negligent in his use of a surgical retractor. A retractor is a surgical instrument used for holding skin or other tissue out of the way during a surgical procedure.

As a result of the doctor’s negligence, the lawsuit alleges that the patient suffered nerve and vascular injuries. Vascular injuries are injuries to a person’s arteries or veins. In addition, the patient claims that the doctor’s negligence caused her to suffer from continued neck pain. The pain then caused the patient to suffer from significant emotional problems.

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Published on: October 12, 2015

Study Finds High Rate of Diagnostic Medical Errors

By Moll Law Group

A recent report by the Institute of Medicine indicates that diagnostic medical errors are much more common than people think. In fact, the report concludes that most people will experience at least one incorrect or delayed diagnosis during the course of their lifetime.

By one estimate, one in 20 adults seeking outpatient care receives a misdiagnosis each year. According to the report, medical providers are not required to report diagnostic errors. As a result, the report concludes that medical misdiagnosis has received far too little publicity, and immediate improvements are needed to reduce the risk of being improperly or belatedly diagnosed. The report offers recommendations for reducing diagnostic errors. One is better communication between a patient’s multiple health care providers. Another suggests that patients should not be afraid to ask questions of their doctors and be proactive in their medical care.

Medical Misdiagnosis Is Only One Type of Medical Malpractice

When health care providers make errors in the treatment of their patients, these errors can be classified as medical negligence. Another term for medical negligence is medical malpractice. There are many types of medical malpractice.

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