Family Awarded $56 Million Medical Malpractice Award

The Chappaqua-MountKisco Dispatch recently wrote about the latest development in an eye-popping medical malpractice case resulting in a record setting verdict last year.

The Swanson family was awarded $56 million from a medical malpractice jury verdict late last year. The case stemmed from the medical errors that occurred at the Northern Westchester Hospital during the 2003 birth of their son. The couple filed the suit against the hospital and several staff members at the facility including their obstetrician, Dr. Carla Eng-Kohn.

The problems began when the medical staff discovered that the delivery involved shoulder dystocia. Shoulder dystocia is a condition that arises when an unborn child’s shoulders become trapped against the mother’s public bones. The condition does not automatically result in injury to the child so long as medical professionals acting in a timely and appropriate manner.

However, the medical staff at the hospital in this case failed to relieve the dysocia in a timely manner. As a result the baby was delivered with brain damage, nerve damage, internal bleeding, cervical bruising, facial bruising, and arm bruising.

Unfortunately, medical errors during childbirth are a common occurrence at many hospitals. The results of the errors are often catastrophic, leading to lifelong injuries and at times, death. Our Chicago medical malpractice lawyers at Levin & Perconti have fought many legal battles for victims of hospital error during childbirth. For example, in one case we secured a $6.7 million verdict in a case where an inexperienced medical resident performed a vaginal delivery on a breeched baby. The result was, as in this case, was shoulder dystocia leading to a crippling arm injury on the infant.

With so much on the line during childbirth, medical professionals must ensure that they do not commit preventable errors. Please contact our office if you may have been the victim of negligent care during child birth.

Doctor Operates on Wrong Finger During Surgery

A state medical board reprimanded a doctor last week for medical error following a revelation that he operated on the incorrect body part of a patient during an operation at the Rhode Island Hospital.

The Providence Journal reported that the patient had degenerative joint disease in both hands. He had been under the care of orthopedic surgeon Dr. Edward Akelman for five years before the 2009 surgical mistake performed by the doctor. Dr. Akelman was made aware of his mistake while the patient was still unconscious in the middle of the procedure and subsequently performed the correct operation before the patient woke.

An investigation into the error by the state health department discovered that the correct hand had been marked as the surgical site, but there was no marking indicating what fingers needed to be operated upon. Hospital protocols required the specific fingers be marked to avoid just the error that occurred here.

Further investigation showed that two separate finger operations were planned each with its own surgical protocols that needed to be followed. But the medical team treated the two operations as one single procedure. As a result, the team cut corners and skipped necessary steps that are usually required for each unique operation. As so often happens when medical professionals sacrifice care for speed, the mistake was made.

The most fundamental aspect of any surgical procedure is operating on the correct part of the body. Amazingly, wrong-site surgeries occur frequently during all sorts of operations. In fact, the same hospital where this error occurred had made five other wrong-site mistakes in the last three years.

If medical professionals are capable of making surgical mistakes of even that fundamental nature, it is clear that more nuanced errors occur every day at hospitals across the country. Our Chicago medical malpractice lawyers at Levin & Perconti are committed to fighting for the rights of those injured by medical errors that should have been prevented.

Female Patients Susceptible to Failure to Diagnose Heart Problems

KTBS.com recently reported on the prevalence and consequences of medical error involving misdiagnosis of cardiac problems in female patients.

As the report indicated, a misdiagnosis can occur in several forms: diagnosing the patient with the wrong condition, failing to diagnose anything at all (missed diagnosis), or delaying diagnosis and allowing complications to develop.

One of the most deadly forms of misdiagnosis involves heart health. A recent study discussed in the article points to the fact that doctors are much more likely to miss critical heart problem warning signs in female patients than in male patients

The study involved over 300 doctors who examined test medical records, one of a female patient and one of a male patient. Each patient showed the same symptoms. The doctors’ hypothetical diagnosis and treatment revealed the gender bias. The male test patient was diagnosed with heart problems more than thirty percent more frequently than the woman in the sample.

The prevalence of misdiagnoses is widespread, with many people never realizing that they have been victims. The National Patient Safety Foundation reports that nearly one in six people have been misdiagnosed at some point in their medical history. In particular, women under the age of 55 are seven times more likely to be misdiagnosed and sent home from the hospital. Once sent home, the chance of dying from heart complications increase by fifty percent.

For that reason, our Chicago medical malpractice lawyers at Levin & Perconti continue to encourage anyone who suspects they may have suffered because of this medical error to contact our representatives. Many healthcare provider errors are never fully uncovered until legal experts begin investigating circumstances to better understand the causes of certain medical problems.

Trial Begins In Medical Malpractice Case

The Aspen Daily News is reporting on a medical malpractice case that is underway involving a well-known local surgeon. The defendant, one of only two general surgeons in the area, Dr. William Rodman, is charged with providing negligent medical care to Dan Bopeley in 2006.

Mr. Bopeley was treated by Dr. Rodman for a blot clot in his leg. As part of the procedure, Dr. Rodman inserted a filter into his vein. However, Bopeley claims that the filter did not operate correctly. Instead of catching clots and preventing them from traveling to his heart, as it was intended to do, the filter itself failed to deploy properly causing severe damage.

The suit alleges that Dr. Rodman was negligent in both picking the filter to use on Mr. Bopeley and actually inserting it into his body. After the first filter problems, Mr. Bopeley sought a different doctor who inserted another filter without any complication.

Filters are common medical devices typically used as in this case to prevent blot clots from traveling to other parts of the body and causing medical complications. However, as with any medical device, if it is not selected properly and inserted into the body appropriately, it may cause severe complications. Medical devices of all kinds are crucial components to many health care plans. However, patients always deserve to be provided proper care when using these devices. When doctor error leads to problems, patients deserve compensation for the harm and suffering at the hands of medical device error.

Our Chicago medical malpractice attorneys at Levin & Perconti have experienced many legal situations involving medical devices that do more harm than good. From pacemakers and filters to catheters and stents, no device inserted into a patient’s body should make the patient’s health worse than before. If you suspect you or someone you know may have been the victim of similar medical negligence, please take steps to ensure rights are vindicated.

ITLA President Explains Need for Legal Rights for Injured Patients

On July 24th the Chicago Tribune published a letter from Illinois Trial Lawyers Association President Todd A. Smith that forcefully repudiated a July 9th editorial in the newspaper. The newspaper editorial had criticized an Illinois Supreme Court decision that struck down a law capping damages to medical malpractice victims. Mr. Smith made clear that the insurance reform was the only logical remedy to the insurance problem in the state.

Mr. Smith pointed out that the “crisis” of doctors fleeing the state because of skyrocketing insurance rates supposedly caused by medical malpractice verdicts of does not hold up when examining actual doctor retention stats. According to the American Medical Association, the numbers of doctors in Illinois has remained virtually static since 1945. The 2005 damages cap that was temporarily in place in Illinois had no effect on doctor retention.

In addition, the example of other states makes clear that insurance reform is the true remedy for problems of increased insurance premiums. In 1976 California did not see its medical malpractice premiums decrease in 1976 when an arbitrary damages cap was issued. But the premiums did drop when specific insurance reform was put into place in 1988.

Specifically, what is needed in Illinois is insurance reform that requires these large insurance companies to provide more open information on rate-setting and payout. The effect would be increased competition and ultimately lower premiums for doctors.

Our Chicago medical malpractice attorneys at Levin & Perconti have witnessed the devastation of entire families by negligent and at times abusive conduct at the hands of substandard medical care. Imposing random and often inadequate limits on damage verdicts would only weaken protections for injured patients suffering from doctor error without any noticeable change in the real issue: skyrocketing insurance rates.

Please Click Here to read the entire letter to the editor.

Jury Finds Surgeon Negligent in Medical Malpractice Case

A Rhode Island jury recently awarded slightly less than $1 million to a woman plagued by the consequences of negligent medical treatment. The Providence Journal reported on the decision reached last week which returned a medical malpractice verdict against podiatric surgeon James McCormick.

The victim, Christ B. Durant, receive an operation on her big toe at Dr. McCormick’s facility in June 2005. The doctor’s negligence during the operation had severe consequences for Ms. Durant, resulting in intense pain and the need for additional surgery to correct the medical error.

Besides the errors during the procedure, the medical malpractice lawsuit also challenged Dr. McCormick’s failure to obtain informed consent on Ms. Durant before performing the operation. In medical situations, doctors are typically required to obtain the consent of their patients before performing certain procedures. However, to protect patients’ rights, doctors are further required to ensure that the consent that obtained is “informed.” Informed consent can only be given when the doctor properly makes the patient aware of the risks and potential consequences of any procedure. That way, the patient is able to fairly weigh her options before allowing the doctor to proceed.

The informed consent requirement is a logical, necessary step to ensure that medical patients receive the care to which they are entitled. That is especially true in surgical cases, as all patients deserve to be made aware of potential risks before allowing a doctor to perform the invasive, potentially deadly medical actions.

Our medical malpractice lawyers at Levin & Perconti understand the importance of proper medical care and informed medical decisions. All patients deserve that minimum level of care, and have the right to seek compensation when they receive less than that standard. Please contact our offices to learn more about your options if you or someone you know suffered similar negligent medical care.

Doctor Sued for Using Improper Medical Device

The Pioneer Press recently reported on a medical malpractice lawsuit involving a nationally-renown doctor who was himself the victim of a medical mistake following treatment to correct a bleeding bladder.

Dr. Noel Mills, a cardiovascular surgeon and medical teacher, was treated by Dr. Bradley Qualey in 2006 after experiencing bleeding in his urine. During the visit, patient Mills explained his medical history and the fact that he had been treated for prostate cancer. The radiation cancer treatments often produce a condition that causes bladder bleeding, which can be stopped a cauterization. However, after performing a cystoscopy, a procedure designed to investigate bladder bleeding, Dr. Qualey determined that Mills need fulguration to stop the bleeding. Fulguration is a procedure where the damaged bladder tissue is destroyed using electricity.

Dr. Qualey ultimate performed the procedure, but during the surgery he expanded a portion of Mills bladder with a medical device known as a “sound.” These devices vary in size and one much too large was used on Mills, causing additional damage to his bladder. As a result, Mills suffered burning in his urethra and pain in his prostate. He has suffered never-ending bladder dysfunction and trouble with recent kidney stones as a result of the medical mistake.

Our Chicago medical malpractice lawyers at Levin & Perconti are experts in protecting victims of medical device errors. Many medical procedures involve use of complicated equipment and devices that, when improperly used, can have serious consequences on the innocent victim. These devices include little-known object like the “sound” and other more well-known pieces of equipment like pacemakers and catheters. Patients deserve to have these devices used properly and in a safe manner. As this case indicates, even the best doctors in the country sometimes fall victim to medical error and seek representation to protect their rights. If you suspect that you or someone you know suffered due to a malfunctioning device, please contact our offices to learn more about your legal options.

Jury Finds Doctor Guilty of Medical Malpractice During Childbirth

A child who suffered brain damage due to negligent medical care during the delivery was awarded $510,000 by a jury this week. Staten Island Live reported on the jury verdict which found Staten Island hospital and the obstetrician Paul Heltzer guilty of medical malpractice.

Marquita Spicer was rushed to the hospital in early April 2006 to give birth to her first child, Xzaviar. The birth proved to be long and difficult. After breaking Ms. Spicer’s water to speed up the labor, doctors also gave her pitocin, a drug used to assist natural contractions.

However, doctors kept Ms. Spicer on the drug for far too long. The result was that contractions continued more vigorously and for longer than necessary, leading to harmful stress on the baby. The stress increased pressure on his brain while lowering the blood and oxygen flow throughout his body. The stresses and flow problems ultimately led to Xzaviar suffering permanent brain damage.

A jury ultimately agreed that Ms. Spicer was on the drug for too long and that a Caesarean section should have been performed in the later stages of the pregnancy to avoid the complications. As a result, Xzaviar now has permanent lesions on his brain, a lower IQ than his similar age counterparts, and fine-motor skill deficiencies.

A permanent injury to babies caused by negligent medical care during deliveries is an all too common problem. Our Chicago medical malpractice attorneys at Levin & Perconti continue to fight for the rights of victims of medical errors during the birthing process. In one case, we negotiated a $2.3 million settlement after a child suffered cerebral palsy because of a doctor’s decision not to perform a timely Caesarean section when it became clear that it was necessary. If you or someone you know may have suffered similar negligent medical care during delivery of a child, please contact our offices to learn about the process of vindicating your rights.

Patient Safety Day to Raise Awareness of Medical Error

This Sunday July 25th marks “Patient Safety Day” which seeks to remind all those who receive medical treatment to remain vigilant about the care they are provided and active to ensure that they do not fall victim to negligent medical error.

Unknown to many, medical errors and the costs to correct those errors have tripled in recent years. The mistakes come in a variety of forms, from surgeries conducted on the wrong part of the body to infections caused by unsterile equipment and unclean medical staff. In all cases, however, the injury to the patient and the resulting complications are entirely avoidable. According to the Institute of Medicine, over 271,000 people died last year due to medical error. On top of that, almost $66 billion is spent on medical care each year to correct the complications that were caused by medical error in the first place.

Patient Safety Day seeks to raise awareness of this prevalent problem and encourage all patients to push for open and fair changes in hospital protocol. For example, the rates of hospital-caused infections and medical errors should be reported in each state so that consumers are properly educated when making medical choices.

Our Chicago medical malpractice lawyers at Levin & Perconti have long been advocates for patients remaining active participants in their medical care. Medical professionals make decisions every day in which life and death literally hangs in the balance. When mistakes are made, the healthcare providers need to be sure to accept the error and compensate the victims. Only then, when information is openly and honestly shared, can patients begin to make the most informed healthcare choices. And only when hospitals are held accountable for their errors will they be sure to implement changes so that no future patients suffer from the same mistakes again and again.

Please Click Here to read more about Patient Safety Day.

Illinois Doctor’s Failure to Diagnose Leads to Skin Cancer Death

A trial began this week in southern Illinois involving a long-lasting medical malpractice lawsuit stemming from a doctor’s failure to diagnose skin cancer. The Madison-St. Clair Record is reporting on the trial which was originally filed in 2003 by Maria Storm and her husband against Dr. Patrick Zimmerman.

Ms. Storm visited Dr. Zimmerman in 2003 to have a lesion removed from her back in 1999. After removing the lesion, Dr. Zimmerman told Ms. Storm that her problem was all resolved and that she had nothing else to worry about. Four years later, however, it became clear that Maria did in fact have something to worry about. A different doctor discovered that Maria actually had skin cancer.

Upon learning of the cancer, Maria and her husband filed suit against Dr. Zimmerman for his failure to diagnose the skin cancer during her earlier visits with the doctor. Unfortunately, Maria endured two years of treatment only to succumb to the skin cancer in 2005, before the trial could officially begin.

Failure to diagnose is a serious issue with many patients. Even slight delays in catching medical problems can be the difference between life and death. Maria’s chances of beating her skin cancer would have been much higher if only Dr. Zimmerman had caught it four years earlier. Our Chicago medical malpractice attorneys at Levin & Perconti have fought legal battles exactly like this one. In one case, we won a record $14 million verdict against a doctor who misread x-rays leading to a failure to diagnose lung cancer. Our lawyers understand that when a patient visits a doctor, they deserve a certain standard of care to be provided, including the diagnoses of potentially life-threatening medical problems. Patients rely on their heath care provider’s expert medical advice, and they suffer the consequences of those medical mistakes.

Contact an experienced, reliable medical malpractice lawyer if you or someone you know was a similar victim of an expert’s failure to diagnose a serious medical problem.