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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

Case Law Update: Tortuous Interference with Medical Malpractice

Posted on August 11, 2009
Botvinick v. Rush University Medical Center, No. 08-1966 (7/24/09) affirmed that the district court not err in granting defendants' motion for summary judgment in action alleging that defendants tortiously interfered with plaintiff's expectation of future employment by providing potential employer with false and petty information about plaintiff's reputation...

Case Law Update: Vicarious Liability for Physician?s Assistant

Posted on August 11, 2009
Marion Hospital Corporation v. Sterling Emergency Services of Illinois, Inc, No. 5-07-0703 (7/23/09) remanded the decision after a hospital sued Emergency Services Providers claiming "express indemnity" to recover for settlement paid by Hospital in separate suit in another county...

Case Law Update: ADA in Wrongful Termination

Posted on August 10, 2009
Casna v. City of Loves Park, No. 07-1044 (7/24/09) found that the District Court erred in granting defendant's motion for summary judgment in ADA action alleging that defendant terminated plaintiff from her administrative assistant position in retaliation for having made internal complaint of discrimination based on her disability...

Health Care Hides a Massive Number of Avoidable Deaths

Posted on August 10, 2009
Experts estimate that about 98,000 people die from preventable medical errors each year. This calculates to more Americans dying each month of preventable medical injuries than died in the terrorist attacks on September 11, 2001. In addition, a federal Center for Disease Control and Prevention concluded that 99,000 patients a year succumb to hospital-acquired infections...

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Illinois Veterans Affairs Hospital Settles Medical Malpractice Suit

Posted on August 10, 2009
The government has reportedly settled a medical malpractice suit with a widow of a veteran over an Illinois Veterans Affairs Hospital medical procedure. The widow?s husband allegedly received a blood infection after a biopsy. The man?s estate claims that the physician was medically negligent during his treatment at the Illinois hospital...

Hospital Settles in Wrongful Death Lawsuit

Posted on August 09, 2009
A hospital settled after a family filed a wrongful death lawsuit against it for the loss of their family member. The patient allegedly went to the hospital for treatment of low blood sodium. He then died of brain damage three weeks later. The physician that treated the man was also found partially responsible...

Doctor Had Everyone Fooled

Posted on August 07, 2009
A Yale graduate, John Christian Gunn had everyone fooled. He allegedly had a string of medical errors since 2005. Another physician tried to warn the hospital of Gunn?s negligence in a letter to them stating that Gunn was a ?danger to patients.? To date, a medical malpractice trial has been scheduled against Gunn?s employer for one of his last operations that left his patient dead...

Avoiding medical mishaps

Posted on August 06, 2009
An issue of Women's Health this summer touched upon issues that concern a lot of Levin & Perconti blog readers - how to avoid medical mishaps. We wanted to share the startling statistics that the magazine provided. Each year, nearly 1.5 million Americans are injured by medication errors and up to 98,000 die in hospital due to medical errors...

VA Hospital Leaves Patients Exposed to Infections

Posted on August 05, 2009
A veterans? hospital allegedly has exposed patients to infectious bodily fluids after treating them. A medical malpractice attorney claims that his clients were given false diagnoses at the hospital telling the patients they tested positive for infections that later came out negative...

Two Babies Affected by MRSA, One Survives

Posted on August 04, 2009
A family in Illinois has been affected twice by the bacterium commonly referred to as MRSA. First, the woman gave birth to a baby girl. After taking her home, they realized she developed MRSA. She died shortly after. The family gave birth to a second baby girl when medical staff at the Illinois Hospital recognized the same MRSA infection on the baby?s skin...

Trial Scheduled for Hospital Negligence in Death of Patient

Posted on August 03, 2009
A hospital will be defending itself in a hospital negligence medical malpractice lawsuit beginning today, claims an article. The hospital was warned that one of their surgeons was a ?danger to patients? but allowed the surgeon to continue performing surgeries...

Post-Surgical Error Leads to Death

Posted on August 02, 2009
A family of a man who died after surgery has now filed a medical malpractice lawsuit against the medical center. The family alleges that after surgery a staff member at the medical center incorrectly removed a clamp from the man which then proceeded to drain the man of all his blood into a bucket...

Man Awarded $1 Million in Medical Malpractice Claim

Posted on August 01, 2009
A man was awarded $1 million in a medical malpractice claim against a negligent surgeon. The surgeon allegedly was hired to close a perforation the man had suffered during a colonoscopy, but instead did not find the perforation, according to the man?s medical malpractice attorney...

Medical Malpractice Lawsuit Filed for Loss of Leg

Posted on July 31, 2009
A woman alleges in a medical malpractice lawsuit against an orthopedic firm that her surgeon failed to diagnose a blood clot in her leg which eventually caused her to lose her leg. The woman went to the orthopedic firm three times complaining of leg problems, but she was never diagnosed...

Medical Mistakes Must be Top Priority in Healthcare Reform

Posted on July 30, 2009
According to an article, correcting medical mistakes must be the top priority in healthcare reform. Medical errors result in thousands of unnecessary deaths each year and accumulate huge healthcare costs, the article states. The article proposes forming a national medical safety board to investigate many of the numerous medical errors...

Medical Devices May Have Caused Infection

Posted on July 28, 2009
A woman learned from her hospital that medical devices used during her surgery may have caused severe infection in her brain. The severe and fatal infection is known as Creutzfeldt-Jakob disease. This disease causes dementia, memory loss, deteriorating eyesight, impaired thinking or judgment, and motor function loss in patients...

Woman Awarded $24 Million in Failure to Diagnose Claim

Posted on July 24, 2009
A woman was awarded $24 million in a medical malpractice suit against her doctors for the failure to diagnose her breast cancer lump. The woman claims she had complained of a lump in her breast to her doctor but her doctor assured her not to worry about the lump until her next visit...

Vet Loses Vision during Eye Surgery

Posted on July 23, 2009
A vet filed a medical malpractice lawsuit after he alleges his corneas were damaged during eye surgery at a Veterans Administration Hospital. The vet underwent surgery to remove sagging skin between his eyelid and eyebrow. After he filed the medical malpractice suit, the hospital called the vet and his family in to address the issue...

Medical Liability Study Released

Posted on July 22, 2009
According to Joanne Doroshow, Executive Director for the Center for Justice & Democracy, a new study from the Americans for Insurance Reform called True Risk: Medical Liability, Malpractice Insurance and Health Care has been released with major findings...

Doctor Disciplined Over Chastising Patient

Posted on July 21, 2009
A Chicago doctor was fined $500 after being accused of chastising a woman in labor with her fifth child and refusing to give her pain medication. According to the medical malpractice civil lawsuit filed by the woman, the doctor failed to give her pain medication because he was angry with her for not calling him first...

Medicare Study Exposes ?Double Failure?

Posted on July 18, 2009
A new Medicare study claims that too many people are dying needless deaths within hospitals and are carelessly turning out patients after short stays that end up back in the hospital within 30 days. John Rumsfeld of the Denver VA Medical Center and chief science officer for the American College of Cardiology's National Data Registry, called this a ?double failure? of our healthcare system...

Grand Jury Investigation in Emergency Room Death

Posted on July 17, 2009
A grand jury investigation has begun in the death of a woman who was found on the floor of a psychiatric emergency room. The woman was rushed by ambulance to the ER when diagnosed with schizophrenia and psychosis. The woman was found dead on the floor of the emergency room while waiting 24 hours to be treated...

Patient Suffers at Hands of Surgeon

Posted on July 16, 2009
A patient received a jury verdict of $1.3 million against a hospital resident for surgical malpractice. The woman had complained of ovary and abdomen tenderness. The hospital staff recommended gynecological laparoscopic procedure. However, during the surgery the hospital resident injured an iliac artery and vein in the patient which almost caused her to lose her entire blood volume, according to the article...

Patient Wins in Medical Neglect Case

Posted on July 15, 2009
A patient filed a medical malpractice case against her OB/GYN physician for neglect in diagnosing her of cancer. The patient complained of a lump in her breast to her physician who then failed to diagnose the lump in a timely matter for breast cancer...

Medical Injuries, Not Patient Compensation, Is Problem

Posted on July 14, 2009
According to an article, preventable medical injuries, not patient compensation, is the problem with healthcare reform. Many think limiting liability against doctors would help but the article disagrees. Most patients that file medical malpractice claims against their medical provider have been seriously injured from such procedures...

Woman Receives Jury Verdict against Plastic Surgeon

Posted on July 14, 2009
A woman received a jury award of $60 million against her plastic surgeon for medical malpractice. The woman underwent a thigh lift procedure performed by the plastic surgeon. After the surgery, the article claims the woman ?sustained significant injury and deformity to the vagina which is permanent and cannot be surgically corrected...

Case Law Update: Evidence in Medical Malpractice Suit

Posted on July 12, 2009
Sbarbora v. Vollala found that the trial court did not abuse its discretion in denying Plaintiff's motion for new trial after jury verdict in favor of all Defendants. Plaintiff not substantially prejudiced by Defendant physician's testimony about his discharge summary, even though Plaintiff's counsel was not provided with discharge summary until time of trial...

Psychiatric Malpractice Claim Proceeds

Posted on July 12, 2009
A psychiatric malpractice suit filed for wrongful death of an inmate will pursue against a county and psychiatrist. An inmate committed suicide after his psychiatrist ordered ?close watch? of his patient by the prison employees because he recognized the inmate had suicidal tendencies...

Third Chance Might be Charm in Medical Malpractice Suit

Posted on July 09, 2009
A woman?s estate has a third chance to claim their previous jury award of $11 million for medical malpractice. The family claims the woman died from a medical misdiagnosis when the doctor told her she had arthritis when in fact she had cancer. The medical malpractice claim had been dismissed twice after the family was originally awarded $11 million...

Medical Malpractice Payments Reach New Low

Posted on July 07, 2009
According to an article by Public Citizen, medical malpractice payments are at an all-time low in 2008, but this record does not imply that medical practice health standards have improved. The article claims that between three and seven Americans die every year from medical errors for every one who receives a payment for any malpractice claim...

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