Posted on January 08, 2019 in Medical Malpractice

There are few relationships more trusting than that of doctor and patient. A person seeking medical attention is often quite vulnerable, and relies on his or her doctor for protection and care. Doctors carry a heavy burden when they treat their patients, but what happens when that relationship is violated?

An important case involving an egregious violation of medical malpractice was just settled in Chicago. In 2013, Jamie Flores was hospitalized for heart surgery when physicians made an error while performing a procedure called a pericardiocentesis, in which they attempted to drain fluid from the sac around the heart. This error led to many medical complications for Flores including brain trauma. Flores subsequently filed suit.

The Cook County Board of Commissioners voted to settle Flores's lawsuit for nearly $4 million in October of 2018. Throughout the negotiations for this settlement, they tailored a deal in which they did not have to admit any wrongdoing.

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 Posted on December 08, 2018 in Medical Malpractice

Suing OSF Healthcare and a neurosurgeon in 2009, a Poplar Grove woman, Mary Friday, alleged that the doctor left her disabled by operating on the wrong side of her body. The case moved to trial nine years later.

Though the woman's attorneys must first prove an error occurred during the surgery, the lawsuit does not involve a claim of medical malpractice, but proceeds on the little-used and challenging-to-prove claim of negligent credentialing. It essentially concerns the negligent hospital system that allowed an unqualified, incompetent doctor to practice there.

The plaintiff's attorneys cited 17 counts of unprofessional conduct (involving 17 patients from 1997 through 2004) filed against neurosurgeon Denise Crute in 2005 by the Colorado State Board of Medical Examiners as evidence of OSF's negligence. The allegations include performing wrong-side surgeries and falsifying medical records.

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 Posted on December 04, 2018 in Medical Malpractice

Larry Diener, a truck driver and hobby farmer who was told by his doctors that he needed colon surgery in 2014, underwent a colon resection at Sarah Bush Lincoln Hospital in Mattoon. Following the shoulder surgery, he got sick and took three rounds of antibiotics in 2018.

The doctor ordered a CT scan and it was discovered Diener had sponges in his body. In 2014, the surgery staff left two sponges in Diener's body - one got attached to his colon and the other pressed on his diaphragm. “I got out of the hospital on April 30, and May 5th, four years was up,” he said. “End of story. No recourse. No nothing.” Here he is referencing the four-year statute of limitations in place for pursuing compensation after a medical malpractice injury.

“It's not common, but it's certainly more common than any of us would like,” Dr. John Mellinger, General Surgery Chair at SIU Medicine reported when asked about such incidents.
Mellinger added that the objects are mostly left behind after emergency or complex surgeries. This is more common in obese patients, and preventive strategies have been adopted by medical institutions, he said.

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 Posted on November 30, 2018 in Slip and Fall

Slip-and-fall cases in Illinois come under the area of tort law known as personal injury. In case of such an injury, you may be eligible to collect compensation for the damage suffered to help pay for expenses including your medical costs. If you are experiencing injuries caused by another person, company, or establishment, contact a slip and fall personal injury lawyer to find out if your injuries are eligible for compensation. However, prior to filing a suit, you should have basic knowledge of Illinois premises liability.

What is a Slip-and-Fall Case?

If someone trips or slips on another person's property, that person can file a slip-and-fall lawsuit to obtain compensation for any damage caused.

Illinois Slip-and-Fall Liability

Liability in Illinois slip-and-fall cases is based on negligence law, which varies from state to state. To prove a property owner to be negligent, it must be first proven that the owner had the duty of not causing you injury and failed in doing so. After that, a connection between the failure of this duty and your injury must be established. Finally, you must show that you suffered damages, like medical costs.

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 Posted on November 08, 2018 in Medical Malpractice

A recent incident urged a mother to consider filing a medical lawsuit. Her son was born with cerebral palsy and brain impairment. However, the mother found that Kentucky, where she lived, required medical malpractice lawsuits first go through a review panel of doctors before they reach the courts.

The panel reviews all medical malpractice claims for a period up to nine months before moving it forward to court. Yet section 14 under Kentucky's constitution gives every resident a right to access the court without any delay. The baby's parents came forward to challenge Kentucky's medical review panel in court. The circuit judge gave his consent for the Medical Review Panel to continue.

Since the beginning of Kentucky's medical review panel system, close to 530 lawsuits have been filed, of which 11 % were assigned to the review panel. 3% of the total lawsuits passed the review. 17 states and the Virgin Islands have the mandate that medical malpractice cases go through the screening panel before going to court.

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 Posted on November 05, 2018 in Medical Malpractice

According to The Milwaukee Journal-Sentinel and the website MedPage, there have been more than 500 cases in which the doctors commit malpractice in one state and then obtain a clean license in another state. One such case came hit the headlines recently when Dr. Jay Riseman, who practiced surgery in Illinois, was sued for committing malpractice 13 times in his 15-year. He then moved to Kansas City and continued his medical career.

Based on the court records, he once failed to remove a catheter while performing a surgery on a 68 year old patient. The patient became infected and eventually died. Even after this incident, he went on to work for three other medical institutions in Kansas City.

Dr. Riseman obtained his hospice and palliative medicine fellowship from The KU School of Medicine in 2010 and became supervised in clinical training while seeing patients at two sites, namely Kansas City Hospice and Palliative Care and the University of Kansas Hospital. He also practiced at St. Luke's Health System and Shawnee Mission Health.

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 Posted on November 01, 2018 in Medical Malpractice

SSM Health Care will have to pay $1.36 million to a couple from Jefferson County for medical malpractice resulting in death of a 14 week old fetus in 2012. The trial continued for five days and the 12 jurors established that SSM was careless in releasing a pregnant woman when she was not well. The woman, Lindsey Setzer, reported to have been suffering from kidney stones and an infection in her urinary tract that led to the loss of her fetus.

The next day when she woke up, she had a high fever with rapid heartbeat. She was immediately rushed to Mercy Hospital in Creve Coeur, where the doctors treated her for sepsis, which resulted from her urinary infection. It took seven days for her to recover, but her unborn baby did not survive, and it and left her traumatized.

The couple sued Dr Joseph Hermann and the network hospital, SSM Health Care, for their loss. As per the lawsuit, Lindsey Setzer had a history of stones in her kidney, and she went to SSM Care for pain in her right side and a urinary tract infection. When she was discharged from the hospital, her heart rate was above 140 beats per minute and she had fever and nausea. She was not even given antibiotics to kill the infection.

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 Posted on October 22, 2018 in Medical Malpractice

If you have suffered harm at the hands of a healthcare provider, be it a nurse, doctor, pharmacist, or another health professional, you may have a cause of action to file a medical malpractice suit against the healthcare professional and recoup damages for your losses. However, in order to win your lawsuit, you will have to prove that the professional in question breached the medical standard of care owed to you. Our lawyers at the office of Newland and Newland can assist you in understanding what the medical standard of care is and how to prove it.

What is the Medical Standard of Care?

In a standard personal injury claim, a plaintiff must prove negligence—the failure to exercise a reasonable degree of care—of the defendant in order to win their suit. In a medical malpractice suit, the plaintiff must prove that the defendant breached the medical standard of care.

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 Posted on October 18, 2018 in Medical Malpractice

Doctors make many mistakes; in fact, medical errors are a leading cause of death in the United States. While doctors may be faulted for failing to treat a patient, for misdiagnosing a patient, or for committing a serious surgical error, what is rarely heard about or condemned is over-treating a patient. Over-treating a patient can be expensive for the patient, and even dangerous in some cases. Indeed, in certain situations, a patient's over-treatment may warrant a medical malpractice claim.

Over-Treatment of Patients Cause for Concern

Over-treatment may be more common than you think. An article published in The New York Times cites data reporting that on average, doctors believe that nearly 21% of all medical care is unnecessary, including 22% of prescriptions, over 11% of procedures, and nearly 25% of tests.

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 Posted on October 15, 2018 in Slip and Fall

As the weather cools and fall and winter set in, there is a lot to look forward to; fall is beloved for its colors, and the winter holidays are often much anticipated. In addition to all of the benefits that the change in season brings, there are also a few risks associated with colder weather, including the increased risk of a slip and fall accident. Here is a look into what you need to know about cooler weather, winter slip and falls, and liability for any injuries that result.

Winter Slip and Falls: How Cooler Temperatures Increase the Risk of a Slip and Fall Accident

A slip and fall accident can occur at any time of the year. Spills of food and drink, debris in walkways, uneven walking surfaces, and broken stairs are not season-dependent. In the autumn and wintertime, however, adverse weather can significantly increase the number of dangerous walking areas. Rain and snow can make surfaces that would otherwise be safe to walk on slippery, and if temperatures drop below freezing, icy walking areas are a serious risk.

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