Illinois Medical Malpractice Blog
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RSS FEED IDEMS: Illinois Medical Malpractice Blog
- Injured patients demand new rules for chiropractors
Chiropractors are not subject to the same medical malpractice regulations as physicians; however, Massachusetts lawmakers are considering legislation that would require chiropractors to inform patients, both in writing and verbally, of the risks and possible side effects of their treatments. Former victims do not see the danger or difficulty in requiring chiropractors to disclose risks of treatment; however, state chiropractors state that the legislation is unnecessary and unfairly punitive.
For the full article.
Tue, 13 Mar 2007 07:20:46 -0600 - Maine jury awards $400,000 to a couple in medical malpractice lawsuit
In a recent medical malpractice lawsuit, a Maine jury voted to award $360,000 to the 76 year-old medical malpractice victim and $40,000 to his wife. The 76 year-old was injured when a nurse at the hospital punctured a nerve in his arm with a needle. The man who operates a heavy-equipment garage cannot effectively feed himself or manage paperwork or other duties related to his work.
For the full article.
Mon, 12 Mar 2007 07:19:02 -0600 - American juries are true safeguards of democracy
When you fulfill your civic duty of serving on a jury, you are safeguarding American democracy. Statistics have shown that civil juries are competent, rational, and responsible in their decision-making. Their decisions reflect continually changing community attitudes about big business accountability and government responsibility.
Sun, 11 Mar 2007 13:53:46 -0600 - Punitive damages are rare
Another popular myth has been debunked: juries rarely award punitive damages. Punitive damages, which are imposed in cases of serious misconduct, are awarded in less than 1% of all civil cases. According to the U.S. Justice Department, punitive damages were awarded in only 5.3% of tort cases, including medical malpractice lawsuits.
For more information.
Sat, 10 Mar 2007 13:52:12 -0600 - Few injured Americans file lawsuits
Contrary to popular belief, few injured Americans actually file lawsuits. According to Rand’s Institute for Civil Justice, only 10% of injured Americans ever file a claim for compensation and only 2% file lawsuits. In the area of medical malpractice, between 44,000 and 98,000 Americans die each year due to medical errors in hospitals alone, according to the Institute of Medicine. Roughly 300,000 Americans are injured. Professors David A. Hyman and Charles Silver summed it up in a recent article: With about ten times as many injuries as malpractice claims, the only conclusion possible is that injured patients rarely file lawsuits.
For more information.
Fri, 09 Mar 2007 13:49:01 -0600 - “Exploding” tort litigation is overhyped
A significant body of empirical evidence shows the “exploding” tort cases are actually declining. Very few who are injured actually sue and of the few who do file cases, very few end up in court. According to data from Court Statistics Project, the State Justice Institute, and the Bureau of Justice Statistics from the Department of Justice, tort filings have been declining since 1990.
On the other hand, contract suits, usually between business are increasing. In 2004, tort cases accounted for only 5% of general civil cases in unified courts in six states reporting while contract cases comprised 27%. Moreover, only 4% of the tort cases were for medical malpractice lawsuits.
For more information.
Thu, 08 Mar 2007 13:47:36 -0600 - Apology laws encourage full disclosure to medical malpractice victims
A recent editorial in a Florida periodical discussed the advantages to so-called “apology laws.” Apology laws act as an alternative to "tort reform" and give doctors the opportunity to express sympathy and compassion after medical malpractice, occurs without fear that their words will be used against them in a civil suit. Florida was one of the first states to pass an apology law, which also required hospitals to inform patients of incidents that caused serious harm.
Although the laws are enacted, Florida doctors and hospitals have not taken the lead in developing or implementing apology programs. Although the public expects physicians to be honest and forthcoming and the American Medical Association Code of Ethics requires disclosure when significant medical malpractice occurs, only in about 30% of cases are medical mishaps disclosed to the patient.
For the full article.
Wed, 07 Mar 2007 07:03:42 -0600 - Michigan House votes to repeal drug law
The Michigan state House approved legislation recently that would repeal Michigan’s law that shields drug companies from product liability lawsuits involving drugs that have been approved by the FDA. The Democratic-backed bill, which passed 70-39, now heads to the Republican-led Senate, where it may face a cooler reception. The law in question dates back to 1996 and deprives Michigan residents of justice while it shields drug companies against product liability lawsuits from state residents seeking damages from side effects of prescription drugs.
For the full article.
Tue, 06 Mar 2007 08:15:20 -0600 - Indiana to record medical errors
Indiana is poised to become the second state in the U.S. to create a hospital-specific reporting system designed to prevent medical errors. Early this month, a website run by the Indiana State Department of Health will debut. The website will disclose information about medical errors and medical malpractice, including the name of the hospital where the error occurred, the type of error, and roughly when the error happened. Only one other state, Minnesota, has a comprehensive monitoring system.
For the full article.
Mon, 05 Mar 2007 08:11:58 -0600 - Reminder: Heart Device Litigation Seminar - March 8
Reminder: On March 8, American Association for Justice (AAJ) is hosting a telephone seminar regarding Heart Device Litigation. The seminar will feature tips and strategies from recent cases in medical malpractice lawsuits regarding heart devices. For more information or to register, call 1-800-622-1791 or 1-202-965-3500, ext. 612.
Sun, 04 Mar 2007 11:16:08 -0600 - Hormone patch safer than pill for symptoms of menopause
Women who feared the risky hormone pills are hoping that a recently published French study is correct. Hormone skin patches and gels seem to be far less likely than pills to cause dangerous blood clots. Patches and gels are known to be effective for relieving the hot flashes and sleep-interrupting night sweats that plague many women. No one knows whether they will also prove safer than the pills in terms of breast cancer, heart attack, or stroke risk.
For the full article.
Sat, 03 Mar 2007 08:59:43 -0600 - Studies show anemia drug may harm cancer patients
Recent studies are raising concerns about whether drugs that have been used by millions of cancer patients might actually be harming them. The popularly used drugs, sold by Amgen, Roche, and Johnson & Johnson, are used to treat anemia caused by chemotherapy and meant to reduce the need for blood transfusions in addition to giving patients more energy. The new studies, however, suggest that the drugs may make the cancer itself worse. The FDA is planning an advisory committee meeting to review the products.
For the full article.
Fri, 02 Mar 2007 14:58:32 -0600 - $450,000 received in Illinois medical malpractice lawsuit over botched spinal x-ray
A Madison County jury awarded $450,000 in an Illinois medical malpractice lawsuit on Thursday to an Illinois man hurt during a spinal x-ray in which the doctor, hospital, and clinic admitted they botched the test. The doctor injected the wrong chemical dye into the 81 year-old victim’s spine and the victim suffered tremendous muscle spasms and suffered from breathing difficulty that left him in the hospital for over two weeks. The jury deliberated for about 4 hours before giving their decision to the judge.
For the full article.
Thu, 01 Mar 2007 13:56:09 -0600 - Notre Dame coach’s medical malpractice lawsuit cut short in mistrial
A judge declared a mistrial in Notre Dame coach’s medical malpractice lawsuit after a juror collapsed and several doctors, including the two defendants, rushed to his aid. The plaintiff claims that the defendants in the case botched his care after he had gastric bypass surgery in June of 2002. An attorney for the plaintiff stated that it is with great reluctance that he asked for the mistrial.
For the full article.
Wed, 28 Feb 2007 13:54:27 -0600 - Alert on Peanut Butter expanded by the FDA
The FDA stated that all Peter Pan peanut butter bought since May 2006 should be discarded. More than 290 people from 39 states have become ill in the food poisoning outbreak and 46 have been hospitalized.
For the full article.
Tue, 27 Feb 2007 13:53:20 -0600
