Illinois Medical Malpractice Blog

A west Chicago suburban woman whose son was born with severe brain damage has agreed to a $5.5 million settlement with the doctors and hospital after they caused a lifetime of problems for her son. The mother of the boy agreed to a settlement with the hospital in Melrose Park, Illinois and the two doctors. After the mother was admitted to the hospital and given a drug to induce contractions, her baby’s heart rate started to drop. She argues that an obstetrician should have been called in, but instead the family doctor tried to deliver the baby using a vacuum retractor. When the vacuum retractor didn’t work, he tried using forceps which became lodged in the mother’s uterine wall. The baby boy, who ended up being delivered by C-section by another doctor had been deprived of oxygen long enough to cause brain damage. The young boy is now 6 and is unable to walk, talk, feed himself or sit on his own. A Cook County jury found only the first doctor liable for the young boy’s injuries but the hospital and the second doctor will also have to contribute to the damages. To read the full story, click here.

University of Connecticut studies show that there may be a relationship between cesarean delivery rates and medical malpractice rates. Normal vaginal delivery is considered safer than a cesarean delivery for both mother and baby if the birth is uncomplicated, however cesarean deliveries are recommended for any complications. The rising number of cesarean deliveries may have caused the mean premiums for medical malpractice insurance for obstetricians to increase from less than $80,000 for an individual physician to more than $120,000. Many medical malpractice lawsuits come when a baby is not born using the cesarean delivery and has poor fetal outcome. Doctors argue that these deliveries are risky for the mother of the child, and the decision to perform a cesarean is a great one. Nationwide, cesarean deliveries account for 30.2 percent of all deliveries in 2005, compared to 20.7 percent in 1996. To read the full story, click here.

An Illinois Medical malpractice lawsuit filed seven years ago has finally ended with a million dollar medical malpractice settlement. The large medical malpractice settlement did not come without sacrifice. Illinois medical malpractice plaintiff, Vanessa Jenkins, brought a lawsuit against an Illinois hospital after her son was delivered with a birth defect. Her son sustained brain injuries and other personal injuries as a result of the hospital’s negligent misconduct. The negligent doctor who used a vacuum extractor during delivery of the child caused the child to suffer from serious personal injuries including brain injuries, mental retardation and cerebral palsy. To reach more about this record setting medical malpractice settlement look at on Point Medical Litigation articles or click here to read an article.

The Third District Appellate Court in Illinois ruled that a wronged woman could recover from a negligent physician even though she had previously been awarded damages in a suit against the hospital. The woman’s claim for intentional infliction of emotional distress against the physician was validated by the court, especially given the extreme negligence displayed by the physician. The woman’s infant son died during child birth after a premature delivery. Her physician was not present at the hospital at the time of the delivery and do no other doctor was present to assist in the delivery. As a result, the woman sat with her baby in a partially-delivered position for over one hour until her physician arrived and completed delivering the baby, who was deceased by this time. A jury awarded the woman damages based on negligence and intentional infliction of emotional distress.

For the full decision, click here:

Vanessa Jenkins gave birth to her son, Cody Smithey, in 2001 at Valley West Community Hospital. Jenkins, who is from Aurora, Illinois, was allegedly having an uneventful labor until Dr. Martin Brauwelier repeatedly used a vacuum extractor device, using it 18 times within 50 minutes, unsuccessfully. At that point an emergency Caesarean section was performed by a different doctor because the baby’s fetal heart rate displayed signs of distress, at least that is what Jenkins’ lawsuit alleged. After Cody suffered brain damage and ended up with cerebral palsy and mental retardation, Jenkins filed suit claiming his birth injuries resulted from medical negligence. The medical malpractice suit, filed six years ago against the Illinois hospital, its staff, and the doctor, settled Tuesday for $15.35 million.

Read more here.

An Aurora woman has announced her $15.5 million dollar settlement in a birth injury medical malpractice lawsuit. Her son sustained a brain injury at birth when she went to Valley West Community Hospital to deliver her son. This is the largest medical malpractice settlement in DeKalb county ever announced.

See the news story here.

One of the greatest organizational problems facing hospitals today is the battle over medical records. Many patients find that it can take months or years to get a hold of their own medical records after treatment. Even worse, some families of victims of medical malpractice or wrongful death have waited for years to obtain their loved one’s medical records from hospitals. Often, lost or missing records are simply part of hospital error and not a deliberate attempt to delay, but on some occasions hospitals may frustrate a patient’s records request purposefully. Patients and victims’ families must be aware that statutes of limitation often require that medical malpractice lawsuits be filed within a certain period of time after the injury occurs or is discovered. This means that patients and victims’ families must decide to file a medical malpractice lawsuit and contact their medical malpractice attorney as soon as possible and begin the medical records request process.

Read more here.

A new study published in the journal Pediatrics shows that about 1 in 15 children are harmed each year by medication dosing errors at hospitals. The study revealed that children are harmed by dosing errors and incorrect medication substantially more often than previously thought. The study also revealed that some of these dosing errors and patient injuries could be prevented easily.

Medication dosing errors in children are the central issue in popular actor Dennis Quaid’s lawsuit in Chicago against Deerfield, Illinois-based Baxter Healthcare. Quaid is suing Baxter, a large pharmaceutical manufacturer, after Quaid’s baby twins received a Heparin overdose. The medical malpractice lawsuit is pending before Judge Quinn in the Circuit Court of Cook County.

The full text of the Pediatrics study is available here.

A jury recently awarded a woman and her son $19 million as a result of a birth injury medical malpractice lawsuit against her obstetrician. The son was born with celebral palsy and cortical blindness. After verdict, the mother said “No amount of money will make up for what happened to my son.”

For the full article.

In 1990, a doctor delivered a baby with a permanently disabled arm. The parents filed a medical malpractice lawsuit against the doctor and hospital. The medical malpractice lawsuit alleged that the hospital negligently gave staff privileges to a doctor who had been sued repeatedly and lacked proper malpractice insurance. Just last Wednesday, the Massachusetts Board of Registration in Medicine temporarily suspended this doctor’s license.

This temporary suspension finally occurs after many incidents of medical malpractice and still is only temporary. Doctors must be held accountable in a more timely fashion before more people fall victim to medical malpractice.

For the full article.

A $22 million verdict was recently awarded in a Cook County, Illinois medical malpractice lawsuit. The jury ruled that the hospital was negligent during the birth of a 34-year-old woman's son in that staff did not properly treat difficulties with the woman's blood pressure. The woman went to an Evanston hospital two weeks before her scheduled date of delivery due to complaints of severe headache and abdominal discomfort. Medical staff soon noticed that the woman had unusually high blood pressure. Tests eventually showed that she had HELLP syndrome, meaning that she had a low platelet count and elevated liver enzymes, or hemolytic anemia. Attorneys alleged that she was not treated properly for this problem, by being given the wrong amounts of medication at the wrong times. Her son was successfully delivered by cesarean section, but the woman's blood pressure rose and she suffered a major brain hemorrhage, dying four days later. The jury found that hospital staff was negligent and that she was irreplaceable to her son and husband, ultimately awarding the multi-million dollar verdict.

Click here for the full article

In a recent medical malpractice lawsuit, a birth injury that was allegedly caused by a nurse-doctor communication breakdown yielded a $1.2 million settlement. Nurses were concerned that the birth was taking too long, but were hesitant to consult the doctor about these fears due to his reputation of angry responses to perceived criticism. The infant developed cerebral palsy.

Physicians too commonly react harshly to instances where they feel bothered by the nursing staff, such as late-night clarification requests, difficulties with procedures, changes in patient condition and more. The negative consequences of verbal abuse or disruption in hospitals are significant; reduced communication, team collaboration, information transfer and concentration are all reported as responses to disruptive behavior. Patient safety is compromised in many ways by these reported breakdowns. Medical errors increase in disruptive or abusive situations and the quality of care decreases. Patient mortality increases with these outbursts. Medication errors have also been caused by verbally abusive hospital staff relations.

Click here for the full article

Continue reading "Hospital conduct leads to reduced patient safety and medical malpractice lawsuits" »

A $14 million medical malpractice verdict in favor of a boy who was brain damaged during birth has been tossed by a New York appellate court based on the defense's allegations that the jury was unfairly influenced by both the plaintiffs and the judge. The defense claimed that the judge clearly favored the plaintiffs and that she also acted inappropriately when she gave gifts to the brain damaged boy and the jurors during the holidays. The jury's verdict was announced at a much smaller figure but after the trial two jurors told the plaintiff's attorney that they had intended that amount to be annual. After hearing the plaintiff's side, the judge amended the award to $14 million. This settlement was thrown out and a new trial will be held because during the time after the initial verdict, the plaintiffs' attorney communicated with jurors outside of the courtroom. The attorney's actions could be considered professional malpractice.

A multimillion-dollar medical malpractice lawsuit judgment has been awarded against an obstetrician found negligent in not treating a newborn for herpes. In a 150-page written decision released last week, a Justice stated that the obstetrician was negligent in not suspecting the then 17 year-old mother had herpes and not referring her newborn child to an infectious disease specialist or neonatologist. Because of the doctor’s negligence, the now 14 year-old child has been left profoundly mentally delayed and is functioning at the level of a year-old child.

For the full article.

A Chicago medical malpractice lawsuit was filed today by John J. Perconti of Chicago medical malpractice law firm Levin & Perconti against St. Anthony Hospital and an emergency room physician. The lawsuit alleges that the hospital and doctor failed to diagnose meningitis in a 14-year old baby girl which caused her death.

The baby was evaluated and treated in the emergency room at St. Anthony on March 14, 2006. A blood culture test was ordered and Motrin, Tylenol, and IV fluids were prescribed. The child was sent home with her mother. At 7:00 p.m. that evening, the emergency room nurse was notified by the laboratory that Anna’s blood culture (test) showed the presence of gram positive cocci (multiple forms of bacteria).

Attorney John Perconti explained the medical error: “When the emergency room nurse and doctor learned the abnormal results of the blood culture they should have notified Elizabeth Nunez immediately and advised her to bring Anna back to the ER for further evaluation, hospitalization and antibiotic therapy. Instead, Dr. Lachica called Elizabeth at home to check on Anna’s condition and advised her to see her own pediatrician in the morning. St. Anthony’s nd Dr. Lachica failed to inform Elizabeth that Anna had tested positive for gram positive cocci, a life-threatening bacteria. They also failed to notify Anna’s pediatrician about this abnormal result. With this type of infection, you must err on the side of caution or face the risk of losing a life.”

Click here for the press release

A jury recently awarded $8 million to a 5-year-old and his mother in a medical malpractice case against a midwife and a Medical Center. The personal injury lawsuit proved that the midwife and nurse committed medical malpractice when they failed to order a C-section when the baby experienced fetal distress. As a result, the baby was deprived of oxygen during birth, which led to cerebral palsy. The jury award will go to pay for the constant care that the boy will need for his entire life.

Click here for the full article

A family whose son was severely brain-damaged during a botched delivery at a teaching hospital recently received a $26.5 million jury verdict in their favor from a medical malpractice lawsuit. The son will never walk or talk due to the medical malpractice during his delivery. The son, now 10 years old, has cerebral palsy and requires round-the-clock care.

For the full article.