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Personal Injury Law

Illinois Medical Malpractice Blog

Personal injury issues.
By Steven M. Levin and John J. Perconti

Post Frequency: 5.6/day

Last Entry: June 10, 2020 at 09:37:56

Jury Ties Doctor?s Errors to Boy?s Death

Posted on December 21, 2009
A jury found that two doctors at a hospital had caused the death of a 3-year-old Pennsylvania boy and voted to award his parents $15 million in medical malpractice damages. The actual damage award will be less because of an agreement reached by the parties before the verdict...

Illinois Supreme Court Delays Ruling on Malpractice Damage Caps

Posted on December 18, 2009
The Illinois Supreme Court did not rule on whether the state?s four-year-old medical malpractice reform law will survive, as it was expected to. The next batch of Supreme Court opinions is expected in mid-January. The ruling could directly impact the constitutionality of damage caps for doctors and hospitals...

Brain Hemorrhage Misdiagnosis Leads to Wrongful Death Lawsuit

Posted on December 17, 2009
The husband of a woman who died at a Long Island Hospital due to a misdiagnosed brain hemorrhage has filed a medical malpractice lawsuit against the hospital and doctors who failed to properly treat her. The wrongful death lawsuit alleges that doctors failed to properly diagnose the victim?s brain hemorrhage which lead to her death...

Illinois Supreme Court Set to Release Opinion on Medical Malpractice Caps

Posted on December 16, 2009
The Illinois Supreme Court is expected to release its opinion on the constitutionality of medical malpractice damage caps on Thursday morning. The Illinois Medical Malpractice Act of 2005, which capped non-economic damages such as pain and suffering to $500,000 doctors and $1 million for hospitals, came before the court in the case of Abigaile Lebron v...

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Governor Blagojevich had Signed Medical Malpractice Caps Bill into Law

Posted on December 15, 2009
It has been more than four years since medical malpractice reform was enacted in Illinois, and stakeholders are anxiously awaiting the Supreme Court decision on its constitutionality. Then-Governor Rod Blagojevich had signed the Illinois Medical Malpractice Act of 2005 into law on August 24, 2005...

Illinois Medical Error Reporting Law is Implemented

Posted on December 14, 2009
Ten years ago, the landmark study stated that medical mistakes kill up to 98,000 Americans a year. In 2005, the Illinois legislators decided to address this problem and passed a measure requiring hospitals to report the deadliest kind. However, the law has yet to be implemented into the Illinois legal system...

New Report Shows that State Tort Reforms Don?t Lower Premiums for Doctors or Patients

Posted on December 13, 2009
An analysis of data from the National Association of Insurance Commissioners (NAIC) and company annual statements shows malpractice insurer profits are 24 percent higher in states with caps. In the cap states, insurers took in 3.5 times more in premiums than they paid out in 2008...

Veteran with Cancer is Denied Colonoscopy

Posted on December 09, 2009
A war veteran was denied a colonoscopy when he had a history of colon caner. This has caused him to file a medical malpractice lawsuit against a hospital because he did in fact have colon cancer. The veteran found out that the hospitals rejection may have put him in a situation where cancer may claim this man?s life...

Call for Tort Reform Becomes a Distraction to Health Care Debate

Posted on December 09, 2009
Those opposed to real health care and health insurance reform are now using tort reform as a scapegoat to achieving real health care. Tort reform will hurt innocent patients injured through no fault of their own. The American Association for Justice has recently released a new analysis report entitled ?Five Myths About Medical Negligence...

It is time to Stop Tort Reform Myths

Posted on December 08, 2009
In Washington, President Obama stated that he would be open to suggestions about constraining medical malpractice lawsuits. However, repeated studies have shown that approximately 100,000 people die each year due to medical malpractice in our nation?s hospitals...

Family of Late Student Sues Harvard

Posted on December 06, 2009
The family of a former Harvard student who committed suicide two years ago has filed a wrongful death lawsuit against the university and two medical professionals at the school?s health services. The young man was a 19-year-old sophomore when he died...

Neurosurgeon Becomes Entangled in Lawsuits

Posted on December 05, 2009
The family of a man who died after brain surgery has sued the neurosurgeon who performed the operation, saying the doctor was legally blind and unfit to operate. The man was quoted in newspaper reports at that time as saying he needed to step down because glaucoma ?limits my abilities of a surgeon...

Wrongful-death Lawsuit Filed against both Hospital and Doctor

Posted on December 05, 2009
The family of a 62-year-old woman who died is suing a hospital and her doctor for their roles in her death. The woman went to the hospital suffering from headache and shortness of breath. She was not admitted to the hospital for further treatment and was discharged...

Illinois Senator Fights for Medical Malpractice Victims

Posted on December 03, 2009
Recently Illinois Senator Dick Durbin gave a speech on the senate floor in defense of medical malpractice victims. He reminded the Senate that medical malpractice claims and lawsuit payouts are decreasing in America. Only one percent of doctors are being charged with medical malpractice and paying each year...

AAJ Reveals Ad Campaign During Senate Vote

Posted on December 02, 2009
As the Senate prepares to vote on healthcare reform, the American Association of Justice has launched new advertisements around Capitol Hill to draw attention to victims of medical malpractice. The ad campaign uses statistics and victim's stories to illustrate why it is crucial for Congress to protect the legal rights of victims...

Illinois Trial Lawyers Association President Speaks out Against Insurance Deception

Posted on November 29, 2009
The insurance industry has tried to convince the public that it is the victim of gross medical negligence that is responsible for a health care system that is spiraling out of control. However, they fail to recognize that costs are rising at a rate well beyond inflation, a lack of healthy competition and transparency regarding rates in the industry, or the growing number of uninsured and underinsured patients in America is the true reason for extremely high health care costs...

Those Championing Health Reform are True Hypocrites

Posted on November 28, 2009
A story in the Huffington Post captured the great disparities in what advocates for tort reform say, and what they actually do. Billionaire T. Boone Pickens is one of the largest donors to the biggest special-interest PAC in Texas and he currently is dedicated to ?slamming courtroom doors? in the face of those hurt by companies...

There is no Proof Tort Reform Reduces Health Costs

Posted on November 27, 2009
There is no evidence that suggests that limiting the rights of individuals to bring medical malpractice lawsuits will either lower the cost of health care or increase its quality. If this were true, Texas would have the cheapest and best health care in the nation...

HMO Ordered to pay $5 Million Settlement

Posted on November 26, 2009
Kaiser Permanete, California?s largest nonprofit HMO, has been ordered to pay a former middle school administrator $5 million after its physician?s misinterpreted signs of an impeding stroke. That medical error left him partially paralyzed and disabled for life...

Hospital Sued for Medical Malpractice

Posted on November 25, 2009
A woman is suing a Hospital claiming she was the victim of medical malpractice three years ago at the hands of a nurse during child birth. The medical malpractice lawsuit alleges that the woman was given Pitocin, a drug used to induce or augment labor, without orders from a physician...

$22.3 Million Verdict Rendered Against Christ Hospital in Chicago

Posted on November 24, 2009
A Cook County jury awarded the parents of a ten-year-old boy with a $22.3 million verdict in a medical negligence case. The medical law case arose out of the care and treatment ten years ago which resulted in the loss of the boy?s left leg. The boy had been born with a congenital heart defect which required a shunt procedure...

Congressman Fights for Patient Safety

Posted on November 23, 2009
Representative Bruce Braley gave a last-minute speech about medical errors moments before the House voted on the health reform bill earlier this month. He asked who was supposed to speak for the patients. He quoted an Institute of Medicine report stating that, ?[t]he most significant way to reduce the cost of medical malpractice is to emphasize patient safety by reducing the number of preventable medical errors...

New Website Tracks Healthcare-Associated Infections

Posted on November 22, 2009
Healthcare-associated infections are a global crisis affecting both patients and healthcare workers. According to the World Health Organization, at any point in time, 1.4 million people worldwide suffer from hospital-borne infections. This is why Kimberly Clarke has started a website designed to prevent hospital infection...

Family Sues Illinois Hospital for Alleged Neglect that Led to Suicide

Posted on November 21, 2009
The sister of a deceased woman is suing Northwestern Memorial Hospital on behalf of the victim after the woman committed suicide while in the hospital?s care. According to the medical malpractice suit filed in Cook County, Northwestern should have recognized the late patient?s risk for self-injury and suicide since she was admitted into the hospital?s care after a suicide attempt...

Seventh Circuit Courts Uphold $8.2 Million Wrongful Death Award

Posted on November 20, 2009
A seventh circuit federal judge in Illinois upheld an $8.2 million wrongful death award against the United States and St. Louis University. The victim died from complications of an abscess behind his abdomen while under the care of St. Louis University doctors who operated a joint program with the United States at Scott Air Force Base...

New Website Lets Consumers Track Illinois Hospitals

Posted on November 20, 2009
Illinois consumers can now pore over an abundant amount of data, mostly much of it unpublished, about Illinois hospitals and surgery centers on a state-sponsored Web site. The website will include information on what these medical providers charge, how many procedures they perform, how often they deliver recommended care, and how consumers rate their care...

Medical Malpractice Reform Can Have an Unhealthy Impact

Posted on November 18, 2009
Tort reform proponents assert that medical malpractice costs are a significant factor in rising health care costs, yet they are clearly wrong. Medical malpractice premiums account for only a tiny fraction of our medical bills and have not risen the way that health care costs have...

Surgeon Sued for Medical Malpractice

Posted on November 16, 2009
A victim is suing a surgeon for negligence and medical malpractice. The victim was a patient of the general surgeon and was being treated for a gall bladder problem. The medical malpractice lawsuit complains that the surgeon performed a laparoscopic clolecystectomy on the patient that did not go as planned...

Doctors Mistake Feeding Tube Causing Injury

Posted on September 30, 2009
A 52-year old man is know helpless hooked to a ventilator in a nursing home after doctors at a hospital mistakenly put a feeding tube into her lung this year, filling it with fluid. The woman is now unable to do simple tasks such as cooking. The woman had entered the hospital with breathing problems, but is now unable to leave a nursing home...

Government Settles Naval Center Medical Malpractice Case

Posted on September 30, 2009
The federal government has agreed to pay $450,000 to settle a medical malpractice case filed by the family of a woman who died at a Naval Medical Center after a routine surgery to remove an infected boil. The federal government admitted no wrongdoing in the medical malpractice settlement...

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