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Medical Malpractice Archives

How the Good Samaritan Act Might Impact Your Malpractice Case

care communities.jpgThe Illinois Good Samaritan Act was designed to protect individuals from civil liability if they provide emergency care to victims without a fee and an injury or death occurs. There are a number of exceptions to the rule, however, that can have a significant impact on a medical malpractice case.

The Ugly Risks and Realities of Cosmetic Procedures

scalpel.pngWhile the majority of cosmetic surgeries are considered elective procedures, that does not bar patients from pursuing claims of medical malpractice. Indeed, cosmetic surgeries and the surgeons who perform them are held to the same standards as those performing life-saving procedures. The number of people undergoing cosmetic procedures has reached an all-time high and in 2016, Americans spent nearly $8 billion on everything from Botox injections to breast lifts and tummy tucks. As the number of people undergoing cosmetic procedures rises, so too have the number of people who have been injured during these operations.

When Surgeons Don't Make the (right) Cut

Surgeons are responsible for hundreds of thousands of surgical errors in the United States each year. These errors include improper sterilization, leaving sponges and other surgical tools inside the patient, and conducting wrong-site surgeries. These errors can cause significant pain and injury, lead to permanent disability, or cause premature death.

The Third Leading Cause of Death is Preventable

diagnosis.jpgMedical malpractice has become the third leading cause of death in the United States after heart disease and cancer, and sadly, many medical errors are preventable. Despite efforts to ensure safe healthcare in America, however, this under-recognized epidemic continues to take innocent lives at an alarming rate. According to recent reports, a disturbing 10 percent of all U.S. deaths care caused by preventable medical mistakes.

Medical Malpractice Claims Reveal Problems at Chicago Public Hospitals

pEmergencyRoomEntrance_Dollarphotoclub_43877143.jpgThe John H. Stroger, Jr. Hospital of Cook County and the University of Illinois Hospital have both been repeatedly sued for malpractice and have paid out more than $160 million to settle claims, demonstrating the pervasive problem of negligence within their systems. The paid-out claims are likely just the tip of the iceberg because many settlements are not reported. The settlements date from just the past five years, further demonstrating the problem's depth. A Chicago medical malpractice lawyer is aware of the extent of the issue and frequently represents clients who have been seriously injured or who have lost loved ones because of medical errors while under hospital care.

Congress Looks to Limit Damages in Medical Malpractice Cases

congress building.jpgRepublican representative Steve King introduced a bill in Congress that would limit the available non-economic damages in medical malpractice lawsuits to $250,000 per case. If the law passes, it would affect claims in every state, including in Illinois. The law would apply to all claims involving coverage provided by Medicare, Medicaid or subsidies under the Affordable Care Act. This means it would apply to most employer-provided insurance policies because employers receive subsidies for the coverage that they offer to their employees. Malpractice lawyers across the country believe that the bill would take away some rights of people who have been seriously injured by medical mistakes.

The Importance of Early Diagnosis: Colorectal Cancer

The second most common cause of cancer death in the U.S., colorectal cancer kills almost 50,000 people each year, but delays in diagnosis often happen. When there is a delayed diagnosis for colorectal cancer, people who have greater risks of death due to being in more advanced stages of cancer when the diagnoses are finally made. Delays in diagnosis may happen because of actions by the patients, failures by the doctors, or a combination of both. When doctors fail to order diagnostic tests despite knowing that their patients have histories of cancer or when they see obvious signs and symptoms that colorectal cancer may be present, the doctors may be liable for medical negligence. 

New Concerns About The Safety Of Gastrointestinal Scopes

medical equipment.jpgSince 2015, health care regulators and lawmakers have devoted much time, energy and resources into investigating a series of outbreaks of "superbugs" related to the use of duodenoscopes. These devices, used to inspect and treat problems in the intestinal tract, have been linked to at least 35 deaths over the last four years.

The Fallacies and Rhetoric that Support Tort Reform

time-for-change.jpgTort reform, despite its many proponents, is not the cure-all to high medical costs. Torts, medical malpractice suits, and lawyers are the common scapegoats that lawmakers, hospitals, doctors, and insurance companies cite as the primary culprit for runaway medical costs. It isn't true. Rising healthcare costs and premiums are due to a variety of factors, not just malpractice suits. Unfortunately, lawmakers often cite litigation costs as a scapegoat for all sorts of society's ills, and healthcare costs are no exception.

The Third Leading Cause of Death in America

coffin.jpgAccording to recent patient-safety researchers, medical errors that occur in hospitals and other medical care facilities are now the third leading cause of death in the United States. With about 251,000 deaths each year, and around 700 each day in the U.S., medical errors account for approximately 10 percent of all fatalities.

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