According to a MadisonRecord.com report, an Illinois woman is suing both her doctor and a Maryville hospital claiming she was injured during a hysterectomy. The woman was admitted to Anderson Hospital in April 2010 for a total abdominal hysterectomy, but the woman’s complaint notes that the doctor performing the surgery and the hospital staff made several mistakes during surgery, including failing to treat both a strangulated bowel and an incisional hernia. The complaint also contends that conditions in the operating room caused her to contract a serious staph infection.
The lawsuit was filed April 27 in St. Clair County Circuit Court. The former patient is accusing the hospital and doctor of medical negligence and is seeking more than $225,000 in damages for medical bills, court costs, and loss of income.
Surgical errors are listed among the National Quality Forum’s events that should never take place in a healthcare setting. Though surgical errors are not something a patient can control, there are a few things patients can do to help prevent a dangerous surgical mistake. Patients should: thoroughly discuss the procedure with their surgeon; if fitting, use an indelible marker to mark the appropriate area of the body for the surgery; and consider asking the anesthesiologist if you can stay awake during your procedure so that you may be able to ask questions and monitor what’s going on.
A surgical error can severely injure a patient and affect his or her well-being, and when medical professionals fail to administer the proper care to patients, a knowledgeable Chicago medical malpractice attorney can help hold negligent parties responsible for their actions. At the Bradley Law Firm, we have extensive experience with medical malpractice cases and can help you obtain the compensation you deserve. Call (312) 252-1488 for a free case evaluation.
By admin on March 22, 2012
The different types of Illinois medical malpractice cases often relate to negligence and can occur in a number of different ways, such as amputating the wrong limb or dispensing an incorrect medication to a patient. Another form of medical malpractice that some may not be aware of is patient neglect, which can concern individuals receiving care at nursing homes, hospitals, or their personal home. With thousands of IL residents having to go to hospitals for medical treatment every year, neglect that takes place in hospitals is an important issue for potential patients to understand and be aware of.
In the state of Illinois, anyone who feels they have suffered injury or health problems due to not receiving adequate care from hospital staff must commence legal action within two years following “reasonable discovery of injuries and negligence,” according to the state’s statute of limitations. Also, a medical negligence complaint and legal action regarding hospital patient neglect requires an affidavit of merit from a medical expert certifying the validity of the person’s claims within 90 days.
In order to recover damages in a hospital patient neglect/medical malpractice claim, a patient must prove select legal elements, first and foremost that the doctor-patient relationship existed. Other elements also include a patient proving that the care received was beneath the duty of care owed per the doctor-patient relationship and that the negligence was the proximate cause of injury. Lastly, a patient must prove and document viable damages.
In neglect cases, economic, non-economic, and punitive damages are likely to be awarded, but may be subject to a cap limiting the maximum amount possible as per Illinois state guidelines.
Millions of people across the U.S. each year entrust their care to medical professionals, but when neglect occurs and a patient isn’t given the level of care he or she deserves, a patient’s health and well-being may be at risk. If you or a loved one feels they may be the victim of hospital patient neglect, the medical malpractice lawyers in Chicago of the Bradley Law Firm can aid you in seeking compensation from any negligent parties. To speak with us regarding your potential claim, call (312) 252-1488.
By admin on November 1, 2011
With the winter season fast approaching, the possibility of getting ill and having to visit a doctor or even a hospital can greatly increase as the temperature drops outside. Patients trust their healthcare providers to provide accurate diagnoses and dispense proper treatment; however, there is always the unfortunate chance that the medical professional may make a critical mistake. Medical malpractice is an act of medical negligence that results in undue injuries to the patient, and can range from misdiagnosis to failure to monitor patient vital signs.
Below is a list of the common types of medical malpractice cases:
- Prescription drug errors: These mistakes can prove fatal, and anyone from the drug company to your personal physician may be held liable if it results in serious injury or death. Errors can include the wrong medication being prescribed, incorrect dosage being given, or the medication itself being defective.
- Surgical or diagnosis mistakes: A medical provider who makes a diagnosing error may either misdiagnose a patient or deliver a delayed diagnosis. In either instance, the doctor fails to diagnose an illness or disease correctly or in a timely manner, potentially causing harm to a person’s health.
- Birth injuries and obstetric malpractice: Professional healthcare that is below an acceptable standard of care during the birth process, it may be a malpractice case if it can be proven that the mother or newborn was injured as a result of the provider’s negligence. Examples include prescribed medicine that harmed the baby or insufficient monitoring of the baby’s condition.
- Plastic surgery errors and cosmetic surgery malpractice: Though there is a low rate of success for this type of case, damages may be awarded if reckless or gross negligence is proven on behalf of the doctor or surgeon which resulted in serious or fatal damage to the patient’s body.
Medical malpractice is an all too common occurrence, and compensation may be given if the healthcare provider was negligent and caused severe damage to a patient’s health and well-being. If you or a loved one believes they may be the victim of medical malpractice, the knowledgeable medical malpractice lawyers in Chicago at The Bradley Law Firm can help. Call us at (312) 252-1488 for a confidential, no-cost consultation about your case.
By admin on March 31, 2011
The state of Illinois has a responsibility to keep its citizens safe, especially those that are most vulnerable. Illinois hospital patients put their trust in their doctors, their hospital administrators, and their state medical board to ensure that they are receiving the proper care from proper professionals. However, that trust may be misplaced.
According to a study released in March of 2011 by Public Citizen, a nonprofit advocacy group, in the last 20 years thousands of physicians across the U.S., with one or more restrictions or revocations of their clinical privileges through their hospital, escaped any disciplinary state licensing action. These 5,887 physicians received their hospital actions for the following violations:
- 220 were considered an “Immediate Threat to Health or Safety;”
- 1,119 were disciplined for incompetence, negligence or malpractice; and
- 605 were disciplined for substandard care.
In Illinois, 60 to 69 percent of the physicians with hospital disciplinary actions were not subject to any disciplinary state licensing action. In fact, there have been 10 Illinois physicians, with at least 10 instances of medical malpractice and one clinical privilege/hospital disciplinary report, but no state licensure action. The lack of state action in these medical matters has potentially endangered countless Illinois hospital patients by allowing physicians guilty of misconduct to continue practicing medicine. All hospital patients deserve the highest quality of care, and those who do not get it, may be able to take legal action.
The threat of Illinois medical malpractice, though always present, is greater when negligent or otherwise improper doctors are not disciplined by the state. If you or a loved one has suffered because of negligent or inadequate medical care, contact the dedicated Illinois medical malpractice lawyers of The Bradley Law Firm at 312-252-1488 for a free confidential consultation.
