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Articles Posted in Medical Malpractice

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Medical Practitioners are Alerted That Patient Deaths Caused by Medical Errors Are Out of Control

It is no secret that thousands of American patients die or are permanently and seriously injured by medical providers. More than 250,000 Americans die in hospitals every year due to medical errors. That staggering number makes deaths in hospitals, clinics, nursing homes, assisted living facilities and long-term care centers the third most…

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Joint Commission for Health Care Professionals Issues Alert on Preventing Medical Errors

“Leaders must commit to creating and maintaining a culture of safety.” National Patient Safety Foundation. Free From Harm: Accelerating patient safety improvement for 15 years after To Err is Human.  2015 (accessed Dec. 8, 2016). This is just a part of the Sentinel Event Alert publication of The Joint Commission Issue…

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$650,000 Jury Verdict for Medical Negligence in Amputation of Minor’s Finger

In a case being reported with a confidentiality agreement, Doe, age 15, developed a mass on the bone of her left middle finger, for which orthopedic surgeon Dr. Ronald Hillock recommended surgery. During the outpatient procedure, Dr. Hillock used a latex Penrose drain to place a tourniquet around Doe’s finger.…

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Traumatic Brain Injury Caused by Unnecessary and Improper Intubation by Paramedics

Kelly Wolfe was 56 years old when he was involved in a motorcycle crash. Paramedics from the city of Grand Prairie arrived at the crash location where they found him alert and breathing regularly. The paramedics attempted unsuccessfully to intubate Wolfe. The paramedics undertook the intubation even though Wolfe told…

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Illinois Appellate Court Rules that Affidavit of Merit Required for Athletic Trainer’s Negligence

The Illinois Appellate Court has ruled that the guardians of a seriously injured student football player must include a supporting statement from a health care professional to proceed with the case. The guardians had claimed in a lawsuit that a physical and sports-injury therapist provided improper care that caused or…

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Cook County Jury Finds in Favor of Hospital in Death of Patient in Colon Surgery

Helen Manfredi, 85, underwent right colectomy surgery at Loyola University Hospital because of her colon cancer. She also had a large pre-existing hiatal hernia that was asymptomatic. During the colectomy surgery, the surgeon decided to reduce the stomach organ, but the hernia was not repaired. Four days after the colectomy…

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State Supreme Court Reverses Summary Judgment in Favor of Medical Provider Regarding Expert Medical Witness

Betty Collins appealed from a summary judgment that was entered in favor of the defendants Ricardo Herring D.C. and Herring Chiropractic Center LLC. She filed a lawsuit for damages alleging medical malpractice with respect to the treatment of her knee, shoulder and back pain. Collins’s knee was treated with a…

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State Supreme Court Holds that “But For” Test is the Standard for Loss of Chance in Medical Malpractice Cases

This case involved a medical malpractice action for a lost chance. The parties jointly sought direct discretionary review under Washington law, RAP 2.3(b)(4), challenging two pretrial rulings: (1) whether a court should use a “but for” or “substantial factor” standard of causation in loss of chance cases; and (2) whether…

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Illinois Courts Bar Retained Medical Experts Who Work at Same Medical Entity as Treating Physician

In the recent Illinois Appellate Court decision of McChristian v. Brink, it was held that the defendant’s attorney, representing a podiatrist and the podiatry clinic, was not prohibited from calling a controlled expert (Ill. S. Ct. Rule 213 (f)(3)) podiatrist to testify at trial when this expert was also one…

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Federal Patient Safety and Quality Improvement Act Does Not Preempt State Law on Patients’ Right to Access Medical Records

In an important constitutional issue in this medical negligence and medical records case, the dispute was whether patients in the state of Florida have the right to access records under the Florida Constitution and its Amendment 7, specifically records relating to “adverse medical incidents.” These records are considered privileged and…

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