Illinois Medical Malpractice Lawyers Blog

Illinois medical negligence lawyers at Pintas & Mullins strongly advocate against medical malpractice damage caps that limit a victim's chance at justice. A new study suggests that damage caps may be constitutional, but they do not effectively achieve one of their primary healthcare goals. According to the study, which focused on Texas, the supply of doctors in the state did not increase after a strict damage cap was implemented.

Proponents of tort reform often tout the fact that damage caps increase healthcare availability, but this claim appears to be untrue. Theoretically, one might think that more doctors would flock to a state with a strict budget cap that could help them avoid a large medical malpractice jury verdict. However, the latest data from Texas shows otherwise. State lawmakers passed tort reform legislation back in 2003, which capped medical malpractice awards at $250,000 per provider. It also set an impossible standard of negligence, requiring proof that doctors knowingly and purposefully endangered their patients. Despite these extreme measures, the number of available healthcare providers remains the same.

In fact, the new study suggests that inaccurate data is being used to misrepresent the number of available healthcare providers in the state. Texas officials wrongfully claim that the number of providers has increased in response to the damage cap, based on licensing statistics from 2001 thru 2010. The study gives numerous reasons why the increase is actually due to outside factors. For example, the increased licensing rates came in the wake of Hurricane Katrina, when doctors that were displaced by the natural disaster may have sought new employment in neighboring states because they were unable to keep practicing at their old locations.

Additionally, the study suggests that licenses do not necessarily translate into more patient care. Licensed doctors also do research and perform other healthcare industry jobs that have nothing to do with patient interaction. Finally, and perhaps most glaringly, the licensing statistics relied on by reform supporters do not account for the number of doctors retiring or leaving their practices in the state. Without balancing forward progress against the rate of deteriorating practitioners, the new study claims that it would be impossible to present an accurate picture of year-to-year care availability in the state. Although statistics are available that factor in the number of outgoing doctors, proponents of tort reform have never used these more precise numbers. This concerns our medical negligence attorneys because damage caps wrongly interfere with a patient's right to collect full damages. Medical victims have a right to accurate information and fair compensation

Continue reading "New Study Shows Medical Malpractice Damage Caps Do Not Bring More Doctors into the State" »

A longstanding doctrine shields the U.S. government from medical malpractice liability...but a recent legal challenge by a disabled airman may change that. Our skilled medical malpractice lawyers strongly advocate on behalf of all victims of preventable medical mistakes, including dedicated service members. We believe all U.S. citizens deserve quality medical care, regardless of their age, injury, or occupation.

The Air Force Times is reporting on what has been described as one of the worst cases in military malpractice history. In July 2009, 20-year-Colton Read went into the David Grant Medical Center on Travis Air Force Base in California for a routine gallbladder surgery. Doctors recommended the surgery to treat Read's stomach pains before he deployed. According to the lawsuit, early on in the operation a surgical resident punctured Read's aorta, cutting off the blood supply to his legs. Read's blood pressure rapidly dropped and his legs turned cold and colorless. Unfortunately, doctors did not make any attempt to repair the tear until he lost more than two-thirds of his blood supply.

This tragic case of negligence resulted in serious, permanent damage. By the time the airman was transferred to a civilian hospital several hours later, necrosis set in and both of his legs had to be amputated. His gallbladder was also removed the following year. Now Read is confined to a wheelchair, battling depression, post-traumatic stress disorder, and excruciating pain where his legs used to be.

The young airman and his wife are suing the government for roughly $54 million for pain, disfigurement, mental anguish, loss of earning capacity, and other damages stemming from the botched surgical procedure. Unfortunately, he may face an uphill battle. In order to succeed in his case, the court will have to overturn a well-established doctrine that courts across the board have consistently upheld for the last sixty years.

Active duty members such as Read are effectively barred from suing the U.S. government for service-related injuries, including instances of medical malpractice. The Feres Doctrine dates back to a 1950s case, Feres v. United States, where the U.S. Supreme Court held that the federal government cannot be held liable for personal injuries suffered in the course of military duty.

Continue reading "Retired Airman Forced to Amputate Legs Sues U.S Government for Medical Malpractice" »

State courts around the country are considering the constitutionality of statutory damage caps in medical malpractice cases, sparking heated debates on both sides of the issue. Although the capped amount varies, a majority of states restrict damage awards in health care lawsuits. Proponents of tort reform argue that limiting excessive jury awards lowers medical malpractice insurance rates. However, our Illinois medical malpractice lawyers at Pintas & Mullins strongly advocate on behalf of injured patients and their loved ones. Based on our extensive malpractice experience, we firmly believe that the caps unfairly restrict the legal rights of victims harmed by instances of medical negligence.

The controversy surrounding the constitutionality of damage caps shows no sign of slowing down, with recent state court decisions producing varying results. In March 2012, a federal judge in Texas found that the state's non-economic damage cap is permissible under the U.S. Constitution. The family of former Dallas Cowboys star Ron Springs joined ten plaintiffs challenging the state's 2003 medical malpractice cap on pain and suffering-type awards. In a tragic case of medical negligence, Springs went to the hospital for a simple cyst removal and ended up in a coma for the last four years of his life. Springs and his family were forced to suffer incredible amounts of pain and suffering during this time, but the court ultimately decided to uphold the state's $250,000 damage cap.

Alternately, the Georgia Supreme Court recently overruled a similar state cap on malpractice awards. The court held that the $350,000 statutory cap for pain and suffering violated the right to a trial by jury. Juries are an essential function of our democracy and most state constitutions grant jurors the freedom to determine a fair amount of compensation for injured plaintiffs in a civil case. Restricting this constitutional guarantee does more harm than good, because it strips the rights of the jury and the rights of medical malpractice victims. After deducting the significant court costs that are typically associated with a medical negligence action, malpractice victims are left with very little to compensate for their pain, suffering, and extraordinary medical expenses.

Continue reading "State Medical Malpractice Caps: Constitutional?" »

Our Chicago medical malpractice lawyers at Pintas & Mullins support a recent jury decision awarding $5.18 million to the estate of a 15-year-old boy who died from a drug overdose. The Illinois wrongful death lawsuit was filed in 2005, a year after the boy's untimely death. The suit accused the city of Park Ridge of failing to properly evaluate and respond to an emergency situation. Sadly, this is the type of medical negligence that leads to thousands of serious injuries and death every year.

As the Chicago Sun-Times is reporting, the victim's family called 911 from their Devon Avenue home and explained that the boy was unresponsive. The victim's father tried to administer CPR but was unable to restore the boy's breathing. One of the issues in dispute is whether or not paramedics adequately responded to the call. The lawsuit alleges that after the paramedics arrived at the home, they failed to properly evaluate the victim. They merely asked how he was doing while standing several feet away. An attorney for the paramedics contends that the victim was still awake and responsive at the time of the paramedic's arrival, and his father refused medical services on his behalf. One important piece of evidence that was missing in this case was a release form confirming that the family refused medical care. The paramedic's lawyer admitted that a release form was never signed.

The report goes on to state that paramedics were called to the home a second time, approximately eight hours after the first call. Finally, paramedics took the boy to the hospital. But it was too late. The boy died the next day from opiate and cocaine intoxication. According to the lawsuit, paramedics either knew or should have known that the boy had a history of drug abuse. The paramedics involved in this case also knew or should have known that the boy's condition was life-threatening and provided him with adequate support.

The Illinois wrongful death lawsuit was originally dismissed by the Cook County Circuit Court, who held that the city of Park Ridge was immune from liability under the Local Government and Governmental Employees Tort Immunity Act. The Illinois Appellate Court upheld the dismissal. In October 2008, the Illinois Supreme Court overturned the decision and remanded the case back to the lower court. After a three-week jury trial, the city was ordered to pay the victim's estate $5.8 million.

Continue reading "$5 Million Jury Verdict in Chicago Wrongful Death Lawsuit " »

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" »

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" »

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" »

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 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" »

A troubling new government report first published in the New York Times shows that Illinois physicians are exposing patients to unnecessary chest scans that generate more revenue for hospitals and radiologists. The national report on medical imaging practices is the first of its kind, and it reveals some startling information about the overuse of repeated scans. Although experts say almost all chest problems can be detected with a single CT scan, hospitals are increasingly using double scans that subject patients to higher levels of radiation. Illinois hospital patients are particularly at risk, because Illinois physicians exceeded the national average, providing twice as many double CT scans as other hospitals around the country.

Edward Hospital in Naperville, Illinois, is one of the hospitals cited in the Hospital Compare report for overusing powerful CT scans and needlessly subjecting patients to dangerous radiation levels. In 2008, 70 percent of hospital patients received two CT scans instead of one, compared to just 5 percent nationally. This imaging practice is extremely harmful, because double radiology scans expose patients to 700 times more potentially cancer-causing radiation than a single chest x-ray.

Our Chicago medical malpractice lawyers understand that Edward Hospital officials are taking a closer look at CT policies and procedures, but major changes are not likely to happen. CT chest scans cost more than conventional x-rays, so hospitals that perform more double CT scans earn more money. A double CT scan on a Medicare patient costs just over $400, compared to $245 for a conventional scan without contrast dye. Patients are responsible for paying a third of the cost. Unfortunately, Medicare does not restrict the use of double scans or penalize hospitals who overuse them. Our medical malpractice attorneys are concerned with a medical imaging practice that is subjecting patients to double doses of radiation and adding millions of dollars in healthcare costs.

The overuse of double CT chest scans is clearly a problem in Illinois, and it is also a subject of growing concern nationwide. According to the government report, about 78,000 patients received double scans in 2008. This figure does not include patients with private insurance, no insurance, or Medicaid, which drives up the number even more.

Continue reading "Government Report Reveals Overuse of Double CT Scans at Illinois Hospitals That Expose Patients to Dangerous Radiation Levels" »

A new survey shows that state medical boards are not doing enough to discipline Illinois doctors whose medical malpractice violations pose an immediate threat to public health. Medical malpractice lawyers at Pintas & Mullins Law Firm understand that Illinois hospital patients place a great deal of trust in their doctors and they deserve protection from substandard medical care. More action needs to be taken to increase the rate of discipline for offending doctors who continue to practice medicine even after they have committed serious violations.

The consumer advocacy group Public Citizen recently found that the rate at which state medical boards discipline doctors has significantly declined over the last decade. In Illinois, the doctor disciplinary rate dropped for the first time in six years. Illinois now ranks 20th in the nation for disciplining doctors who have committed medical malpractice. This suggests a failure on the part of state medical boards to protect patients from preventable medical mistakes. The Illinois Department of Financial and Professional Regulation has taken several steps to improve patient safety, but the latest data indicates that more still needs to be done. The department has attempted to streamline medical disciplinary procedures by immediately requesting medical records when a violation is committed, even before an initial hospital investigation is completed.

Regulators have also tried to act more swiftly to discipline doctors who have been disciplined in other states. But these measures do not go far enough to make Illinois health care safe. Physicians are not being adequately suspended for behavior that poses a threat to patient safety and dangerous doctors are being allowed to maintain their clinical privileges to the detriment of the public. In Illinois, nearly 69 percent of negligent doctors who were disciplined by hospitals were not disciplined by the state. As a result, these doctors continued to hold a license to practice, endangering thousands of hospital patients in our area. One Illinois doctor permanently lost his clinical privileges after accumulating 10 medical malpractice reports. The doctor's errors included failing to diagnose and failing to identify fetal distress, which led one patient to become a quadriplegic due to a brain injury. Yet, in spite of these serious deviations of physician behavior, Illinois failed to take licensing action against the doctor.

Continue reading "Illinois Doctors Are Not Being Disciplined for Medical Malpractice and Other Dangerous Violations " »