Articles Posted in Medical Malpractice

When we, as patients, agree to undergo medical procedures we trust that our healthcare provider has thoroughly researched and thought over that the procedure. Additionally, we trust that during the procedure our healthcare providers will use their utmost care to properly complete the procedure to the best of their abilities. Where a medical professional fails to do so and a patient suffers serious injury or death, any and all wrongdoers can be held liable through a medical malpractice lawsuit.

According to an article in the Cook County Record, a Northwest Community Hospital doctor allegedly performed surgery on the incorrect knee of a McHenry County woman who is now suing the doctor and hospital. Attorneys for the woman filed her lawsuit in Cook County Circuit Court earlier this month. The filed complaint alleges that she was admitted to Northwest Community Hospital for arthroscopic surgery on her left knee and that the doctor performed the procedure on her right knee. She now seeks over $50,000 in damages.

As our readers know, preventable medical errors are far too common and often have devastating consequences. Each year over 98,000 people are killed every year as a result of preventable medical mistakes and many more are injured. Wrong-site surgeries are among the most common medical mistakes that can easily be prevented if medical teams carefully follow protocol to reduce the incidence of wrong-site surgery.

Many of our readers take prescription medications for various conditions and ailments. When a physician recommends a medication, we trust that they will be effective for the condition being treated and also safe to use. Pharmaceutical companies have a duty to provide consumers with drugs and medications that are safe for use or to warn those whom should not be taking the medication and to provide instructions for proper use. They must also inform consumers of any known risks and side effects. When drug companies fail to do this and defective medications are put on the market, they can be held liable for such negligence in a product liability lawsuit.

Additionally, patients trust that their physicians will provide them with the correct medications based on their past medical history and lifestyle. This means that not only should doctors have knowledge surrounding the medications themselves, but also enough background information on their patients to make sure they are prescribing drugs that are safe to use given this information. Just as pharmaceutical companies must warn that not every drug is right for every individual; doctors must research the risks and know their patient’s health before providing a prescription. Where doctors fail to properly research and tailor a prescription to the patient’s individual health conditions, they can be held liable for medical malpractice.

According to a recent article by ABC, one Chicago suburban woman was awarded a $14 million verdict against her doctor after suffering a stroke from taking the birth control drug, Yasmin. The report notes that as a result of the stroke she is wheelchair bound, paralyzed on the left side of her body, and unable to completely communicate. She requires 24 hours per day, 7 days per week care from her husband, which has made it difficult for him to remain employed.

Medical malpractice is an all too common legal issue occurring when patients entrust their lives and well-being to healthcare providers for the purpose of healing, only to suffer further injuries or a worsening condition. When a provider violates the standard of care or act recklessly, patients can suffer significant injuries or even death.

Medical malpractice can include a multitude of medical errors in various settings including doctor’s offices, hospitals and clinics. This medical negligence can both be intentional or an omission to act. Such negligence includes, but is not limited to, a missed or delayed diagnosis, lack of informed consent, misread x-rays or other scans, medication errors, etc. Where any of these or other medical errors occur, and a patient suffers injury or death, the patient or family members can hold the healthcare provider liable in a medical malpractice lawsuit.

According to one recent article by the Boston Globe, two doctors have agreed to pay a deceased woman’s family $4.5 million over the claim that the physicians failed to take the proper and adequate measures that could have prevented the woman from dying.

Medical malpractice is a serious legal issue because patients trust and rely upon their healthcare providers that they will be treated safely and with the utmost care when they are in a vulnerable state of illness. When healthcare providers, like doctors, nurses, or nursing home staff intentionally or carelessly cause harm to a patient, they have breached their legal duty of care to keep the patient safe from harm. Medical negligence can cause patients to suffer serious injuries or illnesses that they would not have otherwise suffered but for the actions of medical malpractice.

In a recent article by the Cook County Record, an Alexian Brothers doctor has been accused of medical malpractice following a spinal surgery. The patient claims that the physician’s negligence caused him post-surgery complications and has filed suit in the Cook County District Court claiming professional negligence. The patient’s complaint describes how he was a patient since 2010 and that the doctor failed to properly perform a lower back spinal fusion surgery. As a result, this allegedly resulted in hip flexor weakness and has made him unable to lift his legs while sitting down. The patient claims that during surgery the doctor failed to properly position him on the operating table and also injured his femoral nerve, causing him pain and suffering. The patient now seeks damages over $50,000 plus court costs.

Medical malpractice involves negligent and careless actions committed by medical professionals. Malpractice can include wrongful actions or failure to act where actions were needed. Some examples of medical malpractice claims can include missed or delayed diagnoses, lack of informed consent, errors in treatment, spinal cord injuries, misread x-rays, or nursing home neglect.

When a patient visits a doctor, nurse, or other healthcare provider, that patient deserves the utmost care that can be provided. That means using caution and safety practices as to not cause further injury to the patient. When this is not done and injury results, a patient may be able to file a medical malpractice lawsuit.

When patients are injured or killed by careless or intentional acts of healthcare providers, they can file a lawsuit for medical malpractice. Medical malpractice is a type of personal injury law that concerns when medical errors, including harmful actions or failing to act that results in harm, causes injury or death to a patient. Medical malpractice claims can include missed or delayed diagnosis, lack of informed consent, nursing home abuse or neglect, medical device errors, and medication or pharmaceutical errors, among other types of healthcare provider negligence.

According to a report by the Cook County Record, one woman is suing an Advocate nurse for injuries she received during a colonoscopy exam. According to the victim’s complaint, she suffered injuries while at Advocate Illinois Masonic Medical Center for a colonoscopy on February 27th when a nurse walked by her bed , catching her wrist and thumb. The victim filed the civil lawsuit the next day and is seeking over $50,000 in damages.

When visiting a hospital or clinic for medical care, patients expect the best care they can receive from physicians and healthcare providers. When it comes to being healthy and staying alive, especially in cases of emergency, patients should not have to settle for inadequate care. Medical malpractice is a serious legal issue where patients have been injured or killed by the careless acts of healthcare providers or by the negligent failure of these providers to act. These medical errors can cause patients to suffer additional injuries on top of their current conditions and sometimes even death.

Unfortunately, the state of Illinois is not a stranger to medical malpractice. According to a recent article by the Chicago Tribune, Illinois has ranked 45th in the nation for overall emergency care. The American College of Emergency Physicians released a study in the form of a report card called the America’s Emergency Care Environment report card. This study stated that our state’s emergency preparedness is a huge problem for the state since Illinois has dropped from 9th place in 2009 to 43rd today. This indicated that Illinois needs to increase its number of health care professional who participate in a disaster response registry. Additionally, Illinois earned a C+ for quality and patient safety, a D for access to emergency care, and a D+ for public health and injury prevention.

If you recall when you were young and brought home your report card, your parents could be elated or angry depending on the type of grades you brought home. Reflect on whether your parents would be happy with mostly C’s and D’s. Chances are that they would be pretty disappointed in you. If you would be disappointed in your own personal performances, you should not accept these grades for the care that goes toward your own body and life too.

The ABA Journal recently reported on a girl who was awarded a $32 million settlement in a medical malpractice case over quadruple limb amputations. The lawsuit was brought against the University of Chicago Medical Center. As a result of this verdict and settlement, this 11-year-old girl will finally be able to live in a fully handicapped accessible home, and she will now be provided with special wheelchairs and prosthetics. The settlement will also help pay a personal assistant for the rest of the girl’s life.

The lawsuit arose after what seemed to be a minor school knee injury led to sepsis, gangrene, and quadruple amputations of her limbs. The suit alleged that the hospital delayed in over 24 hours to treat the girl with antibiotics after she was admitted to the hospital. This failure led to septic shock, cardiac arrest and organ failure.

After these injuries, the girl had to enroll in special gym and swim classes for amputees. Her mother also had to quit her job as an assistant pharmacy manager in order to take care of her daughter and help her heal.

Medical malpractice is a type of legal negligence which occurs when patients are injured or killed by the careless or intentional acts of healthcare providers. In medical malpractice lawsuits, it is argued that had the healthcare provider not failed to act or acted in a negligent way, an individual would not have suffered serious injuries or died. In that way, a healthcare provider can be liable for the wrongful death of another.

This past November, a Cook County circuit court awarded $15.5 million to a man whose wife died in childbirth to the medical negligence of two doctors, according to the Chicago Sun Times. The victim’s husband brought a lawsuit against the University of Chicago Hospital, for the severe medical negligence that occurred in 2008.

According to reports, the Chicago jury deliberated under six hours’ time and handed down the third highest verdict for wrongful death in a medical malpractice case in Cook County history. The lawsuit alleged that one of the medical specialists had failed to correctly read an ultrasound two months before the victim was due that should have shown that her placenta was growing through the uterine wall. Had they acted correctly and professionally, this woman’s life could have been saved, and her husband could still have her with him and their children.

Medical malpractice is a type of professional negligence where a health professional has acted to cause bodily injury or has failed to act where the professional should have, resulting in a medical error not up to the standard of care. According to Medical News Today, in the early 2000s alone, an average of 195,000 people died annually due to medical errors.

According to KFVS 12, six years following an incident of medical malpractice, a Williamson County, Illinois, jury awarded $2.4 million to the surviving family of a 47-year-old woman who died as a result of a preventable medical error at a Carbondale hospital.

Our lawyers and the families we serve understand that monetary compensation can in no way replace an individual who has died, nor can an individual’s life actually be measured in dollars. However, where there is no remedy at law to compensate someone (such as times where a life and loved one has been lost), a court must do so monetarily. Furthermore, not only does this compensation help the families of those who have died with their financial hardships such as medical bills and funeral expenses, but medical malpractice actions also set a legal example. Verdicts, such as this one, bring attention to the epidemic of preventable medical errors in hospitals, clinics, and doctors’ offices throughout Illinois. When a medical malpractice suit reaches a verdict of a large sum, the entire medical and legal communities see these figures as a reality that medical malpractice is an extremely serious matter and wrongdoers will be held responsible for their actions. Such an example can work as a preventative method to encourage medical caution and deter future incidents and future loss of lives and loved ones.

It is no secret that our country is well known for its powerful and practical system of checks and balances. This system ensures that proper oversight is consistently implemented in an effort to decrease mistakes and improper behavior and extends to the medical community as well. Illinois, like every state, maintains its own medical board which oversees and regulates each physician licensed in that state. When a licensed physician is reported for misconduct or malpractice, it is up to that state’s medical board – as part of their system – to ensure that the physician is penalized and prevented from any future wrongdoing.

But what happens when this system fails us?

USAToday.com recently released a harrowing editorial detailing a significant issue our malpractice attorneys are all too familiar with – medical professionals who maintain their professional license despite continuous misconduct. Even though these doctors are often disciplined by means of being banned from certain medical facilities, their medical license remains fully intact – further allowing them to move their practice elsewhere and ultimately onto unsuspecting patients.

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