Illinois Medical Malpractice Lawyers Blog

Illinois nursing home lawyers at Pintas & Mullins have serious concerns about a dangerous medical liability bill that recently passed the U.S House of Representatives. House Republicans pushed strongly for the passage of House Resolution 5, claiming that it will reduce overall healthcare spending. However, we believe that this flawed piece of legislation will severely impact the legal rights of personal injury victims. Elderly nursing home patients are particularly vulnerable, because the bill limits compensation for injuries resulting from nursing home negligence and abuse.

The federal health reform measure passed the House by a vote of 223-181. However, the proposal was met with opposition by at least ten Republicans, who voted against it. One of the most troubling provisions of the bill artificially limits potential medical malpractice awards by capping non-economic damages at $250,000. Non-economic damages compensate injured patients for a range of traumatic injuries, such as the loss of a limb or permanent disabilities. An arbitrary damage cap will significantly impair the rights of senior citizens who are injured in a nursing home, because these victims typically have few economic damages. As a result, some of the most vulnerable members of our society will be forced to suffer instances of neglect and abuse without any recourse or compensation.

H.R. 5 also limits medical malpractice liability, effectively shielding medical device manufacturers, pharmaceutical companies, and physicians from the consequences of their negligent actions. The bill provides immunity from punitive damages, which are awarded to deter negligent behavior in extreme situations in which compensatory damages would be inadequate. Eliminating the potential for punitive damage awards also eliminates important incentives to avoid future negligent behavior towards patients.

The American Association for Justice issued a statement on the bill, explaining that it will reduce accountability in the federal healthcare system and put Americans at increased risk of injuries caused by the negligence or misconduct of others. It is a sad reality that hundreds of thousands of patients die each year from preventable medical mistakes, and the AAJ believes that this legislation will further increase the potential for errors resulting in injury or death. Our medical malpractice attorneys strongly support the AAJ's position, because we also believe that all injured patients should have equal access to fair compensation. Damage caps unfairly restrict access to justice through the court system that every citizen deserves.

The reform measure also shortens the period of time in which injured patients can file a lawsuit, further restricting the ability of victims to hold negligent parties responsible. Instead, the financial consequences will shift to third-party taxpayers, who will be forced to provide aid in the form of increased taxes. This undercuts the proposed rationale for this legislation, which is purportedly to reduce overall healthcare costs.

Continue reading "House GOP Passes Medical Malpractice Legislation That Seriously Restricts Injured Patients Rights" »

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" »

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 " »

When medical mistakes are made during surgery, innocent patients suffer devastating consequences and are often forced to undergo additional, painful procedures to correct the errors. Our Illinois medical malpractice lawyers recently learned of a new study confirming that too much noise in the operating room contributes to an increased number of preventable medical mistakes. This study, performed by Healthday, shows that noisy operation rooms pose a significant threat to patient safety and negatively impact surgical outcomes.

In the Healthday study, researchers revealed that patients exposed to an increased noise levels during surgery are at greater risk for surgical site infections. Surgical site infections occur after the surgery is performed and often require additional surgeries to treat. Signs of a surgical site infection include redness and pain around the surgery area, surgical wound drainage, and fever. These infections lead to longer and more expensive hospital stays. As one doctor explained, patients suffering from a surgical site infection spend up to 13 days longer in the hospital, tripling the cost of surgery. The results of this groundbreaking study will be published in the July issue of the British Journal of Surgery.

In the healthcare setting, telephones, cell phones, conversations between surgical staff, equipment, and music played to relax surgeons and their staff all contribute to the noise level. In large Illinois hospitals, the risk for noise is even greater because more staff and equipment are present. Noise is linked to an increased number of surgical site infections because it drowns out patient monitor alarms and creates dangerous communication barriers. In a loud operating room, medical professionals are likely to mistake similar-sounding medication names or hear incorrect medication doses. Unnecessary noise is extremely distracting and stressful when surgeons are performing a complicated medical procedure.

In addition to creating communication barriers that negatively impact patient health, noise can directly harm patients, causing elevated blood pressure and increased heart rates. Post surgery, patients exposed to extreme noise levels often require more medications and continue to show signs of distress, recalling staff conversations and other noises during recovery.

Continue reading "Loud Operating Rooms Put Patients at Greater Risk for Surgical Site Infections" »

A new study shows that medical malpractice lawsuit payments in Illinois and across the country are at their lowest level on record. This drop is largely due to the efforts of lawmakers who are making it more difficult for malpractice victims to recover for their injuries. Legislative efforts such as the Health Act of 2011 grant virtual liability to the healthcare industry and restrict the ability of injured patients to file suit. Medical malpractice attorneys at Pintas & Mullins Law Firm find it troubling that this decline in litigation has not been matched by a reduction in medical errors. While innocent victims of medical negligence are increasingly without recourse for their injuries, the healthcare system is still plagued by medical mistakes that kill hundreds of thousands of people every year. Negligent doctors and hospitals are not being held accountable for preventable harm, and patients are suffering without any means of compensation.

According to Public Citizen, inflation-adjusted data for 2010 shows that malpractice payments fell to their lowest dollar value since 1998. Meanwhile, health care spending rose 90 percent. The study also showed that malpractice payments accounted for a mere one-thirteenth of one percent of national health costs. Most of the awards that were granted went to victims of serious, permanent injuries or the families of victims who suffered fatal injuries.

Interestingly enough, while medical malpractice premiums and claims are at historic lows, insurance industry profits are skyrocketing. Prices have not dropped in line with malpractice claims, and the insurance industry is reaping significant benefits. This shows that money is being taken away from innocent patients and lining the pockets of medical malpractice insurers.

Since only a fraction of medical malpractice victims in our area and nationwide are able to file suit against negligent health care professionals, there is little incentive to eliminate preventable medical mistakes. The Institute for Healthcare Improvement estimates that medical harm occurs 15 million times a year. This includes approximately 200,000 deaths caused by preventable medical errors. Some of the most common mistakes are surgical errors, hospital-acquired infections, and operations done on the wrong site of a patient.

These errors do more than just compromise patient safety, they are also extremely costly. Adverse medical errors cost Medicare up to $4.4 billion a year. This puts a heavy burden on taxpayers who are being forced to pay a hefty price for the negligence of health care professionals. We have worked with many malpractice victims and their families whose lives have been forever changed by medical negligence. We know that litigation is necessary to prevent patients from being injured. Malpractice suits motivate unsafe hospitals to take better care of patients, and allow innocent victims to be compensated for their pain and suffering. If doctors are not held accountable for committing malpractice, medical mistakes will continue to destroy the lives of patients and their families.

Continue reading "Medical Malpractice Payments in Illinois and Across the Nation Drop to All-Time Lows" »