Illinois Medical Malpractice Lawyers Blog

Although many doctors, nurses, and other medical professionals treat patients within the appropriate standard of care, a shocking number of preventable medical mistakes still continue to threaten the safety and lives of vulnerable patients. Experienced Illinois Medical Malpractice attorneys at Pintas & Mullins Law Firm have worked with countless individuals and their families who suffered serious personal injuries and even lost their lives due to medical errors that could have been avoided. We understand the overwhelming physical, mental, and financial toll that victims of medical mistakes suffer and we continue to encourage any preventative measures that are taken by the healthcare industry to avoid these life-changing adverse events.

One of the most recent federal efforts to reform the healthcare industry and reduce the prevalence of medical mistakes is the Partnership for Patients: Better Care, Lower Costs initiative launched by the Obama Administration in April of 2011. This new public-private partnership is part of a series of reform measures outlined in the Patient Protection and Affordable Care Act, which took effect on March 23, 2010. Although the Act will not be fully integrated until 2016, we are already beginning to see some of its potential benefits.

Partnership for Patients effectively brings together state and federal governments, along with medical professionals from major hospitals around the country. The goals of the partnership are twofold: to prevent patients from being injured by a preventable hospital-acquired infection and to reduce preventable complications that require re-hospitalization. Estimates show that this reform could potentially save the healthcare industry close to $35 billion, and reduce Medicare costs by about $50 billion over the next decade. Improving reliability and safety measures while decreasing healthcare costs will save thousands of lives and provide for a more efficient and dependable healthcare system.

The story of one woman who suffered the devastating consequences of a preventable medical error was recently illustrated in a Healthcare.gov blog. In a tragic case involving serious medical malpractice, Sorrel King lost her 18-month old daughter Josie because of an avoidable mistake. In 2001, King took her daughter to the hospital for the treatment of severe burns. The 18-month-old appeared to be recovering well, until a series of preventable medical errors were made that eventually led to her death.

Continue reading "Illinois Medical Malpractice Lawyers Applaud New Healthcare Partnership Aimed at Preventing Medical Mistakes" »

In light of a recent jury verdict, Illinois medical malpractice attorneys at Pintas & Mullins Law Firm are warning of the risks of seemingly routine medical procedures. Last week Amy Garcia, a resident of Southfield, Michigan, was awarded $2.5 million dollars against St. Joseph Mercy Hospital in Ann Arbor, Michigan, after she endured a severe injury stemming from a routine surgery.

As reported in the Ann Arbor Journal, Ms. Garcia suffered a miscarriage in 2007, which resulted in the loss of her 14-week old fetus. After the miscarriage, Dr. Norman Gove, an obstetrician and gynecologist, explained to Ms. Garcia that she needed to undergo a dilation and curettage procedure. This procedure is commonly required after a woman miscarries a child. Dr. Gove, told her that this was a standard surgery and that "the procedure would be quick," and that Ms. Garcia would "be home by lunch."

Without Ms. Garcia's knowledge or consent, an unsupervised resident physician of the hospital performed the procedure which resulted in permanent bodily damage. The resident began by dilating the cervix and then perforated the uterus. The resident accidently inserted ring forceps through the perforated uterus in an effort to remove the fetal remains. Instead of removing the necessary tissue, the resident grabbed a piece of bowel which snapped back, causing a tear to the bowel and rectum.

As a result of the mistake, Ms. Garcia required an ileostomy to create an opening to pass intestinal waste to a bag worn outside the body. In addition to wearing the bag for three months, Ms. Garcia lost part of her bowel and rectum, which has resulted in severe pain, altered bowel patterns and scarring. While no amount of money can ever compensate the pain and disruption of daily life Ms. Garcia has endured, the verdict helps to raise awareness of the dangers of all procedures.

All patients are entitled to a good standard of practice and care from their doctors. Moreover, it is the duty of all physicians to provide competent and professional medical care to their patients. While most of the time physicians and their medical teams perform their job properly and without incident, there are the unfortunate instances when a doctor or team member fails and a complication arises. A surgical error typically results in a preventable injury, whether it be minor or severe.

Cases such as Ms. Garcia's demonstrate the devastation of an avoidable injury. Shockingly, in recent years, these types of cases are becoming commonplace in the medical malpractice field. Since patients are less concerned when they believe an operation is routine, they are less likely to pose serious questions to their physician. Chicago malpractice attorneys at Pintas and Mullins Law Firm recommend that people be diligent when it comes to both serious and common surgeries so that they are aware of the possible complications and side effects. Even minor procedures may carry serious complications. If an injury is the result of an error during surgery, there are legal remedies available to help not only the injured person, but also the family members of the victim.

Continue reading "$2.5 Million Medical Malpractice Verdict Brings to Light Risks of Routine Procedures" »

A shocking new report by the Chicago Tribune details the state's failure to protect Illinois hospital patients from harm. A vast majority of complaints involving serious abuse and neglect are being ignored, and the court system is the only outlet for many of these medical malpractice victims to be heard.

Our Chicago medical malpractice lawyers are well-versed in federal law, which requires that the Illinois Department of Public Health investigate serious allegations of inadequate care or mistreatment by hospital staff within 48 hours. This law is extremely important to ensure quality care for millions of hospital patients across Illinois. Without proper regulation and investigation, hospitals have no incentive to correct the problem and avoid future mistakes.

Unfortunately, according to the report, at least 85 percent of hospital complaints involving allegations that ranged from dirty needles to patient abuse were ignored last year by the state of Illinois. Some of these complaints involved preventable medical mistakes, such as using proper safety gear and equipment. One hospital patient died from a bacterial infection because the staff failed to wear protective clothing and gloves. This tragic incident was reported to state regulators, but they declined to investigate it further. They also declined to investigate at least four complaints from another downstate hospital, where patients were allegedly left in their own feces and sores for an extended period of time.

Lack of funding and untrained hospital staff are just a few of the excuses that the state has used to explain why the regulatory system is not adequately responding to these complaints. Public health officials have proposed fees that would amount to a few cents per day for each hospital bed, and provide regulators with additional resources to investigate complaints. Several states outside of Illinois use a similar fee-based system to ensure broader inspections. But groups such as the Illinois Hospital Association argue that hospitals are already struggling with Medicare and Medicaid cuts, and additional fees would add to the already increasing cost of healthcare.

Continue reading "State Health Officials Fail to Investigate Reports of Neglect and Abuse by Illinois Hospital Patients" »

Illinois medical malpractice lawyers at Pintas & Mullins are warning of a major privacy breach that recently occurred at a prestigious California hospital, compromising the confidential data of more than 20,000 emergency room patients. Private information regarding patients' names, discharge dates, and diagnosis codes was exposed for more than a year on a public site. Improperly exposing sensitive medical health information has serious consequences for patients and health care providers who are legally and ethically bound to principles of confidentiality.

The New York Times is reporting on the security failure at Stanford Hospital in Palo Alto, California, which occurred in September 2010. Although the source of the medical data breach is still somewhat unclear, it appears that a third party consultant, Multi-Specialty Collection Services, lost a detailed spreadsheet containing patient names, account numbers, billing information and diagnosis codes. The spreadsheet ended up on a website called Student of Fortune, a tutoring website that used the spreadsheet to show students how to convert data into a bar graph. The confidential patient information remained publicly available for more than a year, until a patient finally discovered it and reported it to the hospital.

The breach could have a significant impact on the hospital and its patients, particularly because the medical data could be used for identity theft purposes. In light of this risk, Stanford hospital is offering free identity protection services to patients. Fortunately, the exposed data did not include patients' social security numbers or credit card information, but it did include enough personally identifiable health information to create serious insurance fraud concerns.

Sadly, breaches like this one are becoming far too common as more and more hospitals shift to electronic records and rely heavily on outside contractors. Many of these hospitals do not have the financial means available to install firewalls on their computers or use encrypted USB drives. Without adequate security measures in place, patient data is always at risk of being exposed. Records from the Department of Health and Human Services show that the private medical data of more than 11 million people has been publicly exposed over the last two years. Nearly 20 percent of these breaches involved outside contractors.

We understand that all patients have the right to have personal, identifiable medical information kept private. Our entire health care system is structured around principles of confidentiality, which encourages open and honest patient-provider disclosures and promotes public health. Ethical codes also require health care professional to practice patient confidentiality. The American Medical Association sets guidelines encouraging physicians and nurses to safeguard patients' privacy, particularly as the use of electronic health records becomes widespread.

Continue reading "Medical Privacy Breach Exposes Confidential Information of 20,000 Emergency Room Patients" »

Chicago medical malpractice attorneys at Pintas & Mullins understand that the birth of a child should be a joyous occasion for the child's family, and it is critical that all available measures are taken to protect infants and their mothers before and after the delivery process. Unfortunately, in some cases, the negligence of doctors, nurses, and other hospital employees leads to serious medical errors that result in life-long birth injuries.

The Illinois medical malpractice case of Arroyo v. United States is an example of a medical mistake that had a devastating impact on the lives of a local family. According to the lawsuit, government-employed doctors at the Erie Family Health Center failed to diagnose and treat a fairly common blood infection that caused a newborn to suffer severe brain injuries. The child, now 8-years-old, is a spastic quadriplegic with cerebral palsy who cannot talk, walk, or even swallow.

As the Daily Herald is reporting, an Illinois federal appeals court recently ruled in favor of the newborn's family and affirmed the district court's ruling finding his doctors guilty of negligence. The court reasoned that obvious signs and symptoms of the neonatal infection were visible early on, and preventative measures should have been taken to avoid severe and permanent brain injuries.

One of the most significant issues in this case occurred when the newborn was released from the hospital. At that time, doctors informed his parents that the child suffered brain damage due to a blood infection that his mother transmitted during birth. However, the doctors failed to mention that treating this infection with antibiotics would have reduced or completely prevented the damage. As a result of this critical omission, the family did not realize that the doctors did anything wrong, and that a medical mistake actually contributed to the injury.

The child's mother finally learned about the use of neonatal antibiotics after she gave birth to her second son more than a year later, and eventually realized that she had grounds for a lawsuit. After a $29.1 million verdict was handed down to help the child's family pay for a lifetime of medical expenses, the government appealed. It argued that the two year statutory time limit had expired, barring recovery in this case.

The appellate court disagreed. Although two years is the standard time limit to file this type of malpractice case, the court found that the clock did not begin running until the family knew or reasonably should have known that the birth-related injury was tied to the doctor's failure to administer antibiotics. This did not happen at the time of the child's discharge. Doctors told the family that the brain injury was caused by a birth-transmitted infection, but said nothing about a malpractice-related cause. They did not explain or even suggest that prompt treatment of the infection could have averted the injury or made it less serious. As a result, the family reasonably assumed that hospital staff did everything they could to prevent harm and did not suspect any other cause.

Continue reading "$29 Million Verdict Upheld in Illinois Brain Injury Case" »

Illinois medical malpractice lawyers at Pintas & Mullins applaud the efforts of state lawmakers, who recently passed legislation granting patients access to a computerized database containing detailed information on Illinois doctors and their disciplinary histories. We believe that the law promotes fairness and responsibility, allowing patients to make informed decisions about their medical providers.

According to the Southtown Star, the database will contain important information about a physician's disciplinary history, insurance information, practice specialties, hospital affiliations, and whether or not they participate in Medicaid. Most importantly, it will also include a list of all medical malpractice judgments or settlements involving an Illinois doctor in the last five years.

Approximately 48,000 physicians and chiropractors will be listed on the site when it launches in November of 2011. The Department of Financial and Professional Regulation is in charge of compiling all of the physician profiles, posting them to www.idpfr.com, and updating the website as new cases are decided. When an Illinois doctor is convicted of a crime, fired, or makes a medical malpractice payment, it will be posted to the website within 60 days for patients to review.

This critical physician information was previously available to patients as part of a medical malpractice reform bill approved by the General Assembly in 2008. The web-based tool proved to be extremely popular, drawing more than 150,000 hits a week. Unfortunately, the Illinois Supreme Court struck down the law as unconstitutional, forcing the database to shut down.

Some medical lobbying groups fought to keep this information shielded from the public, arguing that it does nothing more than provide ammunition for malpractice lawsuits. However, the state ultimately decided that transparency is essential to protecting consumer rights. The Institute of Medicine estimates that approximately 98,000 Americans die each year from medical mistakes. Allowing patients open access to a variety of physician information will aide them in making important healthcare decisions that could dramatically affect their lives and the lives of their loved ones.

Continue reading "New Illinois Medical Malpractice Website Set to Launch" »

According to Crain's Chicago Business, three prominent Illinois non-profit hospitals recently lost their tax-exempt status and may now be forced to pay millions of dollars in tax revenues. Our Illinois medical malpractice attorneys are concerned that this decision could further compromise the overall quality of patient care, which is already threatened by cash-strapped hospitals operating at minimum staffing levels.

Reports indicate that this is the first of more than a dozen other rulings expected from the Illinois Department of Revenue over the last few weeks of August 2011. The hospitals that were denied their property tax exemptions include Northwestern's Prentice Women's Hospital, Decatur Memorial Hospital, and Edward Hospital in Naperville. The state felt that these hospitals were operating more like businesses than charities, citing a lack of charity and community benefit programs.

The revenue department based its decision on an Illinois Supreme Court ruling handed down last year, which held that Provena Covenant Medical Center in Urbana was not providing enough free services to the poor to qualify for a tax break. Approximately 0.7% of the hospital's revenue was dedicated to charity care. Since the decision, the hospital has been forced to pay about $1.2 million in property taxes.

In order to qualify as a charitable institution, the primary requirement is that the hospital must "dispense charity to all who need and apply." The amount of charity care may vary, depending on the community and its level of need.

The standard for tax-exempt status appears to be getting higher. Tax applications from Northwestern indicate that 1.85% of its $1.7 billion net revenue in 2007 went towards charity care. About 0.96% of Decatur Memorial Hospital's $252 million net revenue helped provide free services to those in need. And Edward Hospital in Naperville reported charity care amounting to 1.04% of $448 million in net patient revenue.

A major concern that arises from these rulings is that hospitals may be forced to increase overall costs for patients and employees, and reduce the number and quality of services that are available. Medicare and Medicaid rates are currently so low that they typically do not cover all of a hospital's costs. In addition, new federal health care laws will put additional burdens on these financially struggling hospitals. Taking on additional property tax expenses may further jeopardize the level of care that hospitals provide.

The hospitals have 60 days to appeal and seek an administrative hearing, and at least two of them have already suggested that they plan to mount a vigorous defense.

Continue reading "Three Illinois Non-profit Hospitals Lose Tax-Exempt Status, More Rejections Expected" »

Alarming new research reported in Reuters shows taking a trip to the hospital is deadlier than flying on an airplane. Millions of people die every year from preventable medical mistakes and hospital-acquired infections, making hospitals far riskier than airplanes. The World Health Organization recently found that a hospital patient has a 1 in 10 chance of suffering a medical error, and a 1 in 300 chance of dying from that error. Compare this to the chances of dying in an airplane crash, a significantly less common fatality that only one in 10 million passengers will ever experience.

Our Chicago medical malpractice lawyers at Pintas & Mullins know the serious risk patients face every time they walk into a hospital. We handle medical error cases on a regular basis, brought by hospital victims who suffered a serious injury or hospital associated infection while under the care of medical professionals. Most of these injuries are caused by neglect, with many hospital workers failing to take simple, hygienic steps such as washing their hands or cleaning surgical instruments with alcohol. Basic infection management strategies could save lives, but critical steps are ignored.

One study revealed hospital workers only wash their hands 25 percent of the time. Some companies offer electronic badge systems to ensure that doctors and nurses wash their hands before treating patients, but budget restraints are preventing many hospitals from taking advantage of this potentially life-saving technology. If health care professionals took just a few extra minutes to clean their hands with soap and water, more than 50 percent of all hospital-acquired infections could be prevented.

According to the report, the United States has a much higher rate of medical mistakes than European countries. Approximately 1.7 million hospital infections are acquired each year in this country, compared to 4.5 in Europe. One of the most common, life-threatening infections patients suffer is MRSA, a staph infection that can lead to many other types of infections. Flesh eating bacteria and strep are also infections that lead to serious patient harm and cost taxpayers up to $40 billion a year.

Other preventable problems, such as hospital falls or medication errors, also result in hospital-related deaths. Hospitals are liable under medical malpractice law when patients are injured by a hospital-acquired infection or preventable medical mistake.

Continue reading "New Report Shows Hospitals are More Deadly than Airplanes" »

Although preventable medical mistakes frequently occur throughout the year, new research suggests that July may be the most dangerous month for hospital patients seeking care. It's a troubling phenomenon known as the "July Effect," when new medical residents begin arriving at teaching hospitals nationwide and patient death rates consequently spike. Nearly 100,000 people die every year from preventable medical errors, and many of these victims have sought legal help from our medical malpractice attorneys. The latest study confirms that quality healthcare continues to be a serious concern, particularly during the summer months.

According to Time magazine, researchers recently concluded that the "July Effect" is more than just an urban myth. A new study published in the Annals of Internal Medicine shows that death rates at teaching hospitals increase by at least 8 percent in July, when experienced medical residents graduate and new medical trainees arrive. These new doctors are caring for vulnerable patients for the first time, resulting in increased surgical complications and boosting the number of serious or even fatal medical mistakes.

One possible explanation for the decreased quality of care is that inexperienced doctors may be unfamiliar with the hospital pharmacy system, making them more likely to prescribe wrong medications or wrong doses of medications. The study also found that longer hospital stays, higher medical bills, and unnecessary tests occur more during July.

The so-called "July Effect" is a serious problem affecting about 100,000 staff members in teaching hospitals throughout the country. Some hospitals are taking notice, conducting detailed orientation sessions to ensure that doctors are properly trained and placing more experienced doctors on-call for emergencies during the summer months. But we believe more needs to be done in order to avoid preventable complications. All hospitals should have programs in place to make sure that patients receive consistent quality care, regardless of whether they get sick in July or any other month of the year. Hospitals, doctors, and nurses owe patients a legal duty of care, and this duty is obviously being violated far too often.

Continue reading "New Study Reveals Most Potentially Deadly Medical Mistakes Happen in July " »

A recent, dramatic increase in the number of transvaginal mesh complications led the FDA to issue an updated public safety alert on July 13, 2011, warning users of the serious health risks associated with surgical mesh. Our vaginal mesh attorneys have firsthand experience with a growing number of vaginal mesh victims experiencing severe complications often requiring additional, painful surgeries. Some of the most common mesh-related problems we have witnessed include infections, urinary problems, and pain during sexual intercourse. These injuries continue to form the basis for a number of transvaginal mesh lawsuits against negligent device manufacturers.

Federal regulators first alerted the public to potential mesh complications back in 2008. After receiving more than 1,000 mesh injury reports, the FDA announced that transvaginal mesh used in pelvic organ prolapsed repair surgery may lead to "rare" problems such as serious urinary incontinence (SUI). The agency found that the surgical mesh can erode when implanted in the vagina, causing severe discomfort, bleeding, and pain. Mesh erosion can also require multiple corrective surgeries using additional mesh or stitches that are extremely expensive and may not resolve the problem.

Unfortunately, new data shows that mesh complications are not so "rare" after all. From 2008 to 2010, the FDA received nearly 4,000 reports of mesh-related injuries, including three mesh placement procedure deaths. Chronic pelvic pain, pelvic nerve damage, and painful sexual intercourse were also reported. The FDA's new, stronger warning is intended to spread public awareness about the frequency of mesh complications.

Recent studies show that approximately 10 percent of women who undergo transvaginal prolapse repairs experience mesh erosion within a year of surgery. In our opinion the risk clearly outweighs the benefits as the FDA further reported that the mesh failed to increase the effectiveness of surgery. In most cases, pelvic organ prolapse can be treated without using these dangerous surgical meshes.

Complications were reported against nine transvaginal mesh manufacturers, including Mentor ObTape, a subsidiary of Johnson & Johnson that agreed to a number of large settlements last year with women who experienced debilitating health problems. Mentor ObTape was removed from the market in 2006. A growing number of lawsuits have also been filed by victims of Bard's Avaulta Anterior and Posterior Biosynthetic Support System, alleging that the company failed to warn users of serious health complications resulting in pain and disfigurement.

Our vaginal mesh attorneys know that manufacturers of a defective device are liable for the serious injuries that users suffer. Legal claims such as strict liability, negligence, fraud, and breach of implied or expressed warranty can all be brought against vaginal mesh manufacturers that fail to warn consumers of the risk of serious vaginal mesh side effects.

The FDA found clear risks associated with transvaginal mesh placement procedures, and an advisory meeting is scheduled in September 2011 to discuss the possibility of an outright ban. Mesh-related infections, urinary problems, pelvic discomfort, and other chronic health problems that dramatically impact a women's quality of life are on the rise and negligent manufacturers need to be held responsible. These serious side effects have been known for years, and transvaginal mesh manufacturers should have warned consumers of the serious risks.

Our medical malpractice attorneys are disappointed by a new study confirming that technology is not doing its part to reduce harmful medication errors. The risk of error for prescriptions that are electronically sent to pharmacies appears to be the same as the error rate for handwritten prescriptions. Electronic prescriptions were initially expected to lower health-care costs and reduce preventable medical mistakes by eliminating common problems such as illegible physician handwriting. Unfortunately, electronic health records and computerized prescribing methods are not producing the anticipated benefits.

Bloomberg is reporting the latest e-prescription research, which shows that nearly 12 percent of all computer-generated prescriptions contain some sort of error. The results are based on a study of 3,850 electronically filed prescriptions sent to three different pharmacy chains. More than 450 of these prescriptions contained at least one mistake, and more than 150 of these mistakes had the potential to cause a patient harm. This rate is consistent with the error rate for prescriptions that are written by hand, indicating that pharmacy patients face a serious risk of harm, regardless of the way their prescriptions are filled.

Although different medication errors were associated with different electronic prescribing systems, one of the most common errors in the study included the omission of important information, such as dosage instructions and information on how long a patient should use the drug. Improper abbreviations were also reported, along with clinical errors in the choice of treatment.

With physicians writing more than 3 billion prescriptions every year, the risk that a patient will be harmed by a preventable medical error is significant. According to the study, 385 million prescription errors could potentially happen each year, and approximately 128 of them could cause patients serious harm.

Because the safety benefits of electronic records falling short of expectations, we believe that more needs to be done in order to protect patient safety. A large number of prescription medication mistakes could be avoided with software improvements and other advanced computer programming additions. Experts have also recommended other preventative strategies such as a "forcing function" that would not allow a prescription to be filled without all of the required information.

Continue reading "New Research Shows Electronic Prescriptions Pose Same Danger for Patients as Handwritten Prescriptions" »

Adverse medical errors are a serious problem plaguing our nation's healthcare system, accounting for more than a million injuries and approximately 120,000 deaths each year. Many of these errors are preventable, and they are not limited to the wrongs of a physician. Nurses are increasingly involved in medical malpractice cases resulting from nursing negligence. Long after a medical mistake occurs, these medical professionals continue to suffer serious emotional consequences. Medical malpractice lawyers at Pintas & Mullins Law Firm have experience dealing with twin casualties, such as a recent nurse suicide following a deadly medical mistake.

The Seattle Times is reporting the suicide of a registered critical-care nurse at Seattle Children's Hospital that occurred after she fatally overdosed a critically ill infant. Kimberly Hiatt worked at the hospital for 24 years before she committed the medical mistake that ended her nursing career and eventually caused her to take her own life. She administered ten times the appropriate amount of calcium chloride to an 8-month-old infant, who died five days later.

A cardiologist who worked with the victim confirmed that the medical mistake exacerbated cardiac dysfunction. The hospital immediately escorted Hiatt from the hospital after learning of the medical error, and eventually fired her. Although she was allowed to keep her nursing license, Hiatt was forced to pay a fine and agree to four years of probation, requiring supervision at future nursing jobs. The negligent nurse was so distraught from the lethal medication error that she ultimately hung herself in her own home.

Studies show that nurses, physicians, and other medical professionals who commit fatal medical mistakes often experience severe emotional trauma. Low confidence, depression, and anxiety are common, along with suicidal thoughts. In the Archives of Surgery, researchers found that surgeons who commit medical errors are more than three times more likely to consider suicide than surgeons who do not commit such errors.

Continue reading "Nursing Negligence Leads to Fatal Medical Error, Nurse Suicide" »

A new report from the Government Accountability Office reveals that the U.S. Food and Drug Administration is not doing enough to follow up on defective medical devices, such as the recently recalled DePuy hip replacement system, that cause deadly side effects. Our Illinois product liability attorneys know that recalls are an important tool to prevent safety problems associated with defective devices. But more needs to be done in order to mitigate patient harm. The latest government report shows that the FDA is missing an important opportunity to protect consumers from medical devices that cause serious personal injury or death.

According to the report, more than 700 defective medical devices are recalled every year, and many of these devices carry a serious health risk. Cardiac devices are most commonly recalled, along with radiology devices. In 2010, a hip replacement system manufactured by DePuy Orthopedics hip replacement system was recalled, and hundreds of lawsuits are pending against the medical device manufacturer. Studies show that 1 in 8 patients who received a recalled DePuy hip required a second, painful revision surgery. Zimmer's NexGen line of knee replacement systems was also recently recalled, after patients experienced loosening and severe pain.

Even after these dangerous medical device products are recalled, the danger remains. The FDA is not doing its part to ensure that the recalled devices are off pharmacy shelves or hospital inventories. Surprisingly, the agency has no way of assessing whether or not manufacturers actually pulled every recalled device off the market. The report found several cases in which dangerous medical devices could not be located, and manufacturers just assumed that consumers threw them away.

This report is troubling because a significant number of recalled devices cause serious adverse health problems, and the FDA's lack of oversight exposes patients to unnecessary risk. Defective device patients and medical providers need to be consistently informed about potential product hazards in order to prevent permanent harm.

Continue reading "FDA Needs More Oversight of Defective Medical Device Recalls to Prevent Adverse Events" »

A recent Illinois Appellate Court decision significantly advances the rights of medical malpractice victims harmed by hospital-acquired infections. Medical malpractice lawyers at Pintas and Mullins Law Firm are encouraged by the court's ruling on behalf of our client, which makes it easier for injured patients and their loved ones to take legal action against negligent health providers. Chicago area hospitals can no longer hide under a shield of liability when innocent patients are harmed by MRSA(methicillin-resistant staphylococcus). This decision entitles malpractice victims to valuable hospital infection data that reveals whether the hospital violated the legal standard of care. We strongly believe that allowing patients access to this critical data will improve the quality of care and ultimately save billions of healthcare dollars.

MRSA is a deadly infection that spreads though contact with doctors, nurses, and other health care workers who fail to take proper sanitary procedures. Hospital patients have weakened immune systems and are at great risk for infection when medical professional do not wash their hands or use contaminated equipment. The Centers for Disease Control and Prevention estimate that more than 2 million hospital infections are acquired each year, leading to chronic health conditions and permanent personal injuries. Sadly, many victims of MRSA are forced to amputate their limbs in order to prevent the spread of infection. Simple safety steps can be taken to prevent hospital-acquired infections, such as washing hands or sanitizing patient rooms before surgery. Unfortunately, Illinois hospitals and hospitals around the nation are not doing enough to prevent the deadly spread of MRSA.

Dziamara v. Advocate Christ Medical Center highlights the deadly consequences of inadequate medical care. Our experienced personal injury attorneys fought vigorously in this case to allow our client and other MRSA victims access to hospital records that support their malpractice claims. The family of Zigmund Dziamara came to Pintas & Mullins to investigate and prosecute a medical malpractice case against the hospital for the serious injury that Mr. Dziamara suffered. Dziamara and another patient, Joseph Zangara, contracted MRSA during their hospital stay at Advocate Christ Medical Center in 2005. Tragically,, Dziamara died and Zangara suffered permanent injury.

Continue reading "Illinois Appellate Court Decision Helps Medical Malpractice Victims Harmed by MRSA Infections" »

Illinois medical device lawyers at Pintas & Mullins have long questioned the safety of metal- on- metal hip implants. Our clients have suffered debilitating consequences from defective hip replacement systems and continue to experience serious hip implant complications. We are cautious about the first ceramic metal-on-metal total hip replacement system approved by the FDA on June 13, 2011. This system is similar to DePuy's recalled ASR hip systems, which released toxic metal particles into patients' bodies. The FDA recently ordered DePuy and 20 other hip implant manufacturers to conduct more research on the side-effects patients are experiencing, further raising concerns about the dangers of these devices.

The newly approved hip implant system combines a ceramic ball with a metal socket. A two-year clinical trial found no difference between patients implanted with the ceramic-on-metal system and patients implanted with a metal-on-metal system. As the Wall Street Journal reports, DePuy Orthopedics must conduct post-market studies to monitor the side effects that patients experience. The FDA is primarily concerned with early failure rates and complications that lead to increased metal concentrations in the blood. These dangerous health effects led DePuy Orthopedics to recall more than 100,000 metal-on-metal hip implants in August of 2010. Independent studies show that as many as 49 percent of defective DePuy hips failed, causing patients severe pain and forcing many of them to undergo expensive corrective surgeries. As the metal-on-metal hip implants deteriorated, they shed metallic ions into the surrounding tissue and bloodstream, leading to problems ranging from deafness to heart failure.

Depuy hip manufacturer Johnson & Johnson faces more than 1,000 Depuy hip lawsuits, including a recently filed Illinois suit by a hip recall victim who suffered from dangerous levels of chromium in his bloodstream and was forced to undergo a second hip implant operation. Like thousands of DePuy hip victims around the country, he reasonably relied on the advice of his doctors and experienced life-changing complications. Our Chicago hip implant lawyers hope that the latest ceramic hip implant device can avoid causing patients similar health complications, but only time will tell whether problems will arise.

Continue reading "FDA Approves New Hip Replacement System, Demands More DePuy Defective Hip Research" »