September 22, 2009

Burn Injuries From Fire During Surgery Killed Southern Illinois Woman, Report Says

As a southern Illinois medical malpractice attorney, I was surprised to see a recent article about an Energy woman who died of burns from an unexpected fire during surgery. Janice McCall, 65, was in surgery at Heartland Regional Medical Center Sept. 2 when a flash fire ignited and burned her, the Southern reported Sept. 16. After the incident, McCall was moved to Vanderbilt Medical Center in Nashville, Tennessee. She died six days after the fire in Tennessee; the state’s death certificate lists thermal burns as the cause of her death.

The hospital did not respond to calls for comment, although it did issue a press release Sept. 15 to say that operating room personnel put the fire out right away. Marion Fire Chief Jack Reed, who visited the hospital after learning about the incident through news reports, said it wasn’t clear what started the fire, although McCall’s hospital gown may have been involved. Administrators told Reed that the fire lasted 10 to 15 seconds. Flash fires are so named because they appear and disappear suddenly, consuming their fuel quickly. Reed and hospital administrators plan to investigate the cause further. The family has hired an attorney; the article implied that he would request medical records and other documentation for the incident.

According to the article, the flash fire was not a freak accident. Various experts estimate that there are 100 to 600 such fires each year, killing one or two patients annually. One culprit is the use of highly flammable pure oxygen to patients in surgery, which can be ignited by a surgical tool like an electronic scalpel. Once the fire starts, it can be exacerbated by the use of disposable synthetic fabrics, which help maintain a sterile environment for surgery, but are also flammable.

As a St. Louis medical malpractice attorney, I believe the evidence strongly suggests that medical malpractice may have been involved. The Tennessee authorities clearly believe that burns caused McCall’s death -- and of course, there would be no burns if there had been no fire. Whether the fire was a result of medical negligence is harder to say from the evidence available in the article. Medical malpractice is defined as mistakes so serious that they fail to meet the standards of care for the community. Fire is not part of anyone’s plan for surgery; it’s not hard to believe that mistakes that cause a fire on an anesthetized patient’s body could meet that standard. But it’s impossible to say without a thorough and unbiased investigation, which is why I hope McCall’s family gets such an investigation.

Continue reading "Burn Injuries From Fire During Surgery Killed Southern Illinois Woman, Report Says" »

May 18, 2009

Failure to Diagnosis Cervical Cancer--Chicago Federal Jury Awards $2 million--Illinos Medical Malpractice Attorney

A patient with cervical cancer who claimed that a pathologist misread her Pap smears over the course of 12 years was awarded $2 million by a Chicago federal court jury on May 14. Fordham was represented by attorneys Jeffrey J. Lowe of The Lowe Law Firm and John J. Carey of the firm Carey & Danis.

Between 1990 and 2002, Barbara Fordham underwent annual gynecological exams that included the Papanicolaou test, also known as the Pap test or Pap smear, which is used to diagnose abnormalities of cells from the cervix. The Pap smear slides were sent to Mendota Community Hospital, located in Mendota, Ill., a suburb of Chicago. H.J. Choi, M.D., a pathologist who held a series of contracts with the hospital, interpreted the specimens as normal. However, Fordham alleged, the slides clearly showed atypical, pre- cancerous cells from 1990 through 1999 and cancerous from 2000 through 2002.
In 2003, Fordham changed physicians. A Pap smear performed that year revealed cervical cancer that was categorized as class 2B, meaning that it was inoperable and could only be treated with the use of chemotherapy and radiation.

In a medical malpractice lawsuit filed against Choi and Mendota Community Hospital in the U.S. District Court for the Northern District of Illinois—Fordham v. Choi, cause no. 07 C 0568—Fordham alleged that Choi negligently misread her Pap smear slides.
Fordham settled her claims against Mendota Community Hospital for a confidential amount. The hospital did not admit liability.

The claims against Choi proceeded to trial. Dr. Dorothy Rosenthal, a professor of cytopathology at the Johns Hopkins University School of Medicine, testified that if Fordham’s cancer had been detected by 1999 it could have been treated with a simple outpatient procedure called a cone biopsy and would not have required chemotherapy and radiation.
On May 14, a Chicago jury awarded $2 million to Fordham.

Frodham was also represented by Jacob A. Flint and Francis J. “Casey” Flynn of the Lowe Law Firm. The Lowe Law Firm is a St. Louis-based law firm with a national practice. They handle
personal injury, medical malpractice, pharmaceutical liability, product liability and commercial cases throughout the United States.

December 26, 2008

Illinois Supreme Court to Decide Medical Malpractice Damage Caps -- Southern Illinois Medical Malpractice Attorney

About a month ago, the Illinois Supreme Court heard oral arguments in a case that could have a dramatic effect on Illinois patients hurt by medical mistakes, as well as my own practice as a southern Illinois medical malpractice lawyer. In Lebron v. Gottlieb Memorial Hospital, the court is considering whether caps on non-economic damages in medical malpractice cases are consistent with the state Constitution. It is expected to rule this spring. The caps, which max out at $500,000 for individual medical professionals and $1 million for hospitals, were put in effect in 2005 as part of the Illinois Medical Liability Reform Law.

The case centers on the family of Abigaile Lebron, a three-year-old girl who was severely and irreversibly brain-damaged at birth. Her family’s lawsuit alleges that the injuries are a result of injuries from substandard care she received at the hospital where she was born. The damages caps mean that while the family may recover all of their past and future medical costs, they may collect only $500,000 in non-economic damages -- compensation for physical pain, emotional anguish and the loss of the child’s love and care -- from the doctor they believe to be responsible. In Missouri, their non-economic damages would have been capped even lower, at just $350,000.

Non-economic damages are very important in Illinois and Missouri birth injury lawsuits like this one. In most medical malpractice claims, the plaintiff is an adult whose losses include a loss of income, sometimes millions over a lifetime. In a claim involving a baby or a child, however, there is rarely a loss of income. The majority of the losses in a birth injury or child medical malpractice case are emotional losses -- the parents’ loss of their hopes and dreams for the child and the child’s loss of a normal, healthy life. These are devastating and very real injuries, but they’re not financial injuries. In these cases, a cap on non-economic damages substantially impairs the family’s right to see justice done.

We trust our doctors to make the right decisions to care for us -- and most of them do. But when they don’t, patients have the right to sue over the irreversible physical disabilities that their medical negligence can cause. The Lowe Law Firm handles medical malpractice claims and birth injury lawsuits in Missouri and southern Illinois. If your family has been harmed by medical negligence and you’d like to talk with us about your case and your options, please contact us online or call us at 1-877-678-3400 today for a free consultation.

December 5, 2008

Illinois Medical Malpractice--Family of Pregnant Mother to Receive $9.8 Million Settlement

In an Illinois medical malpractice case, the family of a 27-year-old pregnant mother who died three years ago will receive $9.8 million to settle a wrongful death lawsuit against Chicago-based Stroger Hospital, the Chicago Tribune reports.

In August 2005, Farrah Dickerson began bleeding and collapsed. The wrongful death lawsuit alleged that the hospital’s failure to give Dickerson who was then 31-weeks pregnant, blood-clotting products in a timely fashion caused her death. The baby survived.

On Dec. 3, the Cook County Board approved the medical malpractice settlement of nearly $10 million.

We place great trust in those who providing medical care for our loved ones and us. It is unfortunate when they are negligent. It is tragic when such negligence results in serious injury or death. Fortunately, you have recourse.

If a caregiver harms you or your loved one, you are entitled to seek compensation. Jeffrey J. Lowe has extensive experience representing clients on many medical malpractice issues. For more information, call 314-678-3400 or fill out our online intake form for a free case review by Illinois medical malpractice lawyer Jeff Lowe.

November 7, 2008

Medical Malpractice Case Involving Flesh Eating Bacteria Results in $13.5 Million Jury Award

A Hospitals failure to diagnose flesh-eating bacteria resulting in the death of the patient concluded with the patients family being awarded $13.5 million Boston Globe reports.

Amy Altman, a 40-year-old married mother of two young daughters, underwent experimental chemotherapy at the Dana-Farber Cancer Institute to treat a cancer tumor behind her knee. About two months after she began receiving chemotherapy every two weeks rather than the once every three weeks, she began experienced diarrhea. Her doctors dismissed it as a side effect of the treatment.

She was admitted to Brigham and Women’s hospital with extreme abdominal pain and could not urinate. She died two days later. An autopsy revealed that the diarrhea had been caused by the flesh-eating bacteria.

In making the award, the jury concluded that the woman’s death could have been prevented if her doctors had investigated the cause of her diarrhea.

We place great trust in those who providing medical care for our loved ones and us. It is unfortunate when they are negligent. It is tragic when such negligence results in serious injury or death. Fortunately, you have recourse. Medical malpractice insurance exists for a reason. If a caregiver harms you or your loved one, you are entitled to seek compensation. Jeffrey J. Lowe of The Lowe Law Firm has extensive experience representing clients on many medical malpractice issues.

Contact us immediately to learn more about your options.

November 4, 2008

Birth Injury Case results in $11.4M Jury Verdict

A jury awarded the parents of a brain-damaged boy $11.4 million in a medical malpractice case, the La Crosse Tribune reports.

Chad and Amy Jelinek claimed that hospital staff at Gunderson Lutheran Medical Center failed to deliver their son Laine in a timely fashion and that fetal strips that showed their son was in distress were misread. Laine suffered brain injuries from complications arising out of his birth. As a result of his injuries, Laine was left with cerebral palsy and needs constant care.

After a three-week trial, the jury concluded that a nurse and nurse midwife provided negligent care.

Hospitals employ physicians, nurses and staff. Each one of those has a separate duty of care and in certain circumstances, may breach the standard of care and be held liable for negligence. If you are suffering from an injury or you have lost a loved one as a result of medical malpractice, contact us immediately. We will meet with you at your convenience for a free consultation to discuss your options.

September 25, 2008

Hundreds of Operating Room Patients Set Ablaze Each Year

Surgical flash fires were once thought to be freak occurrences. But a new report reveals that about 600 people are set ablaze each year in the operating room, 20 to 30 of those patients suffer serious disfigurement and one or two die.

The data was gleaned from information collected by the Pennsylvania Patient Safety Reporting System, MSNBC.com reports.

In the article, “On fire in the OR: Hundreds are hurt every year,” health writer JoNel Aleccia recounts the stories of burn victims who went in for routine surgery and awoke to find their faces so badly disfigured that they couldn’t even recognize themselves.

The conditions in the operating room can be conducive to fires. The high oxygen concentrations provide fuel. Electrosurgical tools, hot wires, lights, burrs, defibrillators and lasers can supply heat. Tiny facial hairs are enough to spread a flash flame.

Approximately 65 percent of surgical fires occur on the upper body or inside a patient’s airway. Another 25 percent occur on other parts of the body and less than 10 percent occur inside the body.

Currently, there is no mandatory national system that tracks surgical fires and efforts to convince hospitals to hold surgical fire drills have had mixed results. Only about half of U.S. hospitals conduct surgical room fire prevention and control drills.

Even as hospitals lag behind, some medical groups are pushing new recommendations to combat the problem. New recommendations or expanded education programs have been announced by The American Society of Anesthesiologists, the American Academy of Surgeons, the American Academy of Otolaryngology – Head and Neck Surgery, and the Association of PeriOperative Registered Nurses.

Severe burn injuries are both disfiguring and disabling. Survivors may suffer have to endure multiple skin grafts and lengthy hospital stays.

Contact an experienced burn injury lawyer to learn if you may take legal action to recover for the serious and debilitating injuries from which you suffer. At the Lowe Law Firm you will receive prompt and personal attention from an experienced burn injury attorney.

September 11, 2008

Colon Cancer Patients Failed by Many U.S. Hospitals

When it comes to colon cancer, many hospitals have failed their patients.

That’s the conclusion of a study released this week by Northwestern University’s Feinberg School of Medicine and the American College of Surgeons.

The new study found that only 38 percent of approximately 1,300 hospitals checked a minimum of 12 lymph nodes to determine whether colon cancer has spread. The low percentage comes as a shock because a number of oncology organizations recommend that a minimum of 12 lymph nodes be examined.

According to the statement released by Northwestern University, colon cancer is the second leading cause of cancer deaths in the United States. However, if stage of the cancer is accurately diagnosed, the most effective treatment can be prescribed and the odds of surviving increase.

In 1996-1997, 15 percent of hospitals examined at least 12 nodes. In 2004-2005, the number rose to 38 percent. Unfortunately, that means that 62 percent of U.S. hospitals are falling short.

Karl Bilimoria, M.D., lead author and surgery resident at the Feinberg School, said in a written statement:

“Every surgeon has a story about a colon cancer patient where the pathology report showed only a few lymph nodes and no cancer was found. Then the surgeon asks the pathologist to check six or eight more nodes, and one of those turns out to be positive for cancer.”

If you are suffering from an injury or you have lost a loved one as a result of medical malpractice, contact The Lowe Law Firm immediately through our online contact form or by calling 877-678-3400. We will meet with you at your convenience for a free consultation to discuss your options.

August 20, 2008

Philadelphia Jury Awards $11 Million in Malpractice Case

A woman with a brain tumor who was left blind, paralyzed and brain damaged after emergency room doctors failed to order a simple CT scan has been awarded $11.2 million by a Philadelphia jury, The Philadelphia Inquirer reports.

Yanira Montanez, a 20-year-old mother with a four-month-old baby, arrived at the Episcopal Hospital emergency room in Philadelphia complaining of headaches, numbness, nausea, and vomiting. She was given medication and discharged. The next day, Montanez went to Northeastern Hospital complaining of the same symptoms. Once again, she was given medication to treat her symptoms and sent home. On the third day, she returned but was only given medication. The following day, Montanez passed out at home and fell down the stairs allegedly due to the brain tumor.

Her lawyers argued that Montanez exhibited symptoms that indicated she had a brain tumor. If the doctors had ordered a CT scan on any of the previous days, the tumor could have been treated before she was left permanently disabled. But because Montanez’s health coverage was through Medicaid, her lawyers argued, the hospital knew it would only be reimbursed $135 for a procedure that costs more than $3,000 and therefore they did not order the test.

Montanez filed a medical malpractice suit against the three emergency room doctors, the two hospitals and the Temple University Health System. On Aug. 18, a jury awarded Montanez $11.2 million, including $5.9 million for future medical expenses.

After the verdict, Kenneth M. Rothweiler, the attorney who represented Montanez, said the case highlighted the issue of economic discrimination.

“People on Medicaid don’t get the same treatment in the emergency room as people with private insurance. Anybody with those symptoms and a Blue Cross Blue Shield card or comparable insurance would have been CT scanned on the first visit.”

At The Lowe Law Firm, we are experienced in handling cases involving the negligence of emergency room doctors. If an emergency room physician does not make the correct diagnosis, order an appropriate test, or admit a patient in serious distress, it can lead to serious injury and death.

If you are suffering from an injury or you have lost a loved one as a result of medical malpractice, contact The Lowe Law Firm immediately through our online contact form or by calling 877-678-3400. We will meet with you at your convenience for a free consultation to discuss your options.

July 15, 2008

Medical Malpractice Verdict for $4.3 Million in ‘Switched’ Surgeon Case

A Massachusetts jury awarded a 39-year-old mother $4.3 million after a non-board-certified doctor performed a heart procedure instead of the noted specialist she had retained, the Salem News reports.

Denyse Richter had a heart arrhythmia that required medication. In 2002, Richter saw Dr. Laurence Epstein, chief of arrhythmia service at Brigham & Women’s Hospital in Boston. Richter wanted to stop taking medication in order to have another child. For that to happen, she needed a procedure known as ablation which uses high-frequency radio waves to burn away abnormal cells that cause irregular heart beats. Epstein, a specialist noted for performing ablation, was the doctor she chose to perform the surgery.

After Richter was sedated and prepared for surgery, a different doctor, Kyoko Soejima, was sent in to perform the surgery. Although Soejima had recently completed a fellowship, he was not board certified to perform the surgery.

Richter alleged that she did not consent to switching surgeons. She also claimed that the surgeon continued with the procedure even though there were clear signs that her heart conduction would be blocked. Richter also alleged that the doctor who performed the surgery noticed the presence of another condition that meant she would still need to take medication.

Richter suffered permanent heart damage and had to have a pacemaker implanted.

She sued both doctors for medical malpractice and a Suffolk County Superior Court jury returned a $4.3 million verdict. With interest, the total award is approximately $6 million.

This case is about patients' rights. A noted specialist and a doctor who hasn’t even been board certified are not equals when it comes to expertise and experience. Patients don’t lightly undergo surgery and when they do, it is fair to expect the surgeon that they hired will be the surgeon who performs the operation.

The lawyers of The Lowe Law Firm are experienced in helping families injured by medical negligence. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation. If you cannot make it to our office, we will come to you at the hospital or at your home.

Contact the lawyers at The Lowe Law Firm today by calling 877-678-3400.

July 9, 2008

Lasik Doctor Settles Malpractice Claim for $2.1 Million

A prominent eye surgeon has agreed to pay $2.1 million to settle the medical malpractice claim of a patient who claimed Lasik surgery left him legally blind, The Star-Ledger reports.

The patient, James Dell’Ermo, hoped Lasik surgery would rid him of the glasses and contact lenses he wore for nearsightedness. Unfortunately, the procedure allegedly left him with bulging corneas in both eyes, 20/400 vision and legally blind.

Dell’Ermo claimed that Dr. Joseph Dello Russo of the New Jersey Eye Center should not have performed the surgery. The patient’s corneas were steep and it should have ruled him out as a candidate. Despite the $2.1 million settlement, Dello Russo did not admit fault.

According to the article “Lasik patient receives $2.1M” written by Russell Ben-Ali, Lasik surgery is the most popular surgery in the United States. Nearly 1.3 million surgeries were performed in 2007 at an average price of $2,000 per eye.

However, the surgery is not risk-free. The U.S. Food and Drug Administration notes that complications patients encounter include: a loss of vision; debilitating symptoms such as glare halos a double vision; severe dry eye syndrome; and results that may diminish as farsighted patients age.

The lawyers of The Lowe Law Firm are experienced in helping families injured by medical negligence. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation. If you cannot make it to our office, we will come to you at the hospital or at your home.

Contact the lawyers at The Lowe Law Firm today by calling 877-678-3400.

July 7, 2008

Doctors Upset by Plan to Publish Medical Malpractice Payments in Malpractice Cases

A proposal by North Carolina’s Medical Board to post medical malpractice payment information on its Web site has upset doctors, the News & Observer reports.

In “Plan to post malpractice data irks docs,” staff writer Sarah Avery explains that doctors, their insurers and lawyers who represent doctors are vocal opponents of the measure. They claim that by posting old settlement amounts, patient confidentiality could be violated.

But supporters of the measure – patients, plaintiff’s lawyers and a leader of the AARP North Carolina – maintain that the information will help people make informed choices when selecting a physician.

In an era when the amount of damages that injured victims can recover from careless doctors is seriously limited, it is even more important to choose a well-qualified doctor. Patients will want to consider the number of times a doctor has settled a medical malpractice case and the amount that was paid.

The lawyers of The Lowe Law Firm are experienced in helping families injured by medical negligence. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation. If you cannot make it to our office, we will come to you at the hospital or at your home.

Contact the lawyers at The Lowe Law Firm today by calling 877-678-3400.

June 16, 2008

Illinois Surgeon’s License Suspended

The license of an Illinois surgeon who allegedly tried to fill an OxyContin prescription at a pharmacy using a deceased patient’s name has been suspended.

Last month, Bradford Roberg, 53, a plastic surgeon with the Northern Illinois Plastic Surgery Center, was arrested after he tried to fill the OxyContin prescription at a CVS pharmacy, the Northwest Herald reports in an article written by Tom Musick.

Roberg was subsequently charged with forgery with an intent to deliver, possession of a controlled substance, and obtaining a controlled substance by fraud.

The article also states that Roberg settled a wrongful death medical malpractice lawsuit for $180,000 brought by the parents of a patient who died from skin graft complications.

The Illinois Division of Professional Regulation did not provide a reason for Roberg’s suspension. However, the charges are serious. Patients place their lives into the hands of their surgeon and they deserve a doctor whose skill and judgment are not impaired by drugs.

The lawyers of The Lowe Law Firm are experienced in helping families injured by medical negligence. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation. If you cannot make it to our office, we will come to you at the hospital or at your home.

Contact the lawyers at The Lowe Law Firm today by calling 877-678-3400.

June 4, 2008

Misdiagnosed Student Lost Arm From Flesh Eating Bacteria

A medical malpractice lawsuit maybe filed by the family of a college freshman who lost her arm as a result of a flesh-eating bacteria against the student medical center at Ohio University, reports the student-run newspaper The Post.

On Sept. 6, 2007, a pain in her right arm sent Molly Millsop to the Hudson Health Center. After diagnosing the journalism student with a sore throat and muscle strain, doctors sent her home.

An hour-and-a-half later, a tearful Millsop returned to the student health center. She was barely able to climb the steps and feared she’d pass out. This time, doctors said she was suffering from anxiety. They gave her Aleve and animal crackers before sending her home.

Later that day, Scott Millsop collected his daughter from the campus and drove her to O’Bleness Memorial Hospital. Doctors there diagnosed her with necrotizing fasciitis and had her airlifted to OSU Medical Center in Columbus. That night, Millsop’s arm was amputated and portions of her shoulder and collarbone were removed.

The sage is detailed in the article, “Hudson could face malpractice lawsuit,” written by senior campus writer Chris Kardish.

Millsop’s father claims that the Hudson Medical Center misdiagnosis wasted precious time. As a result, his daughter’s injuries were much more severe than they should have been.

As the article notes, Hudson Medical Center has been the subject of criticism in the past.

“A fall 2007 report by an independent consultant found Hudson significantly understaffed and warned that doctors who see too many cases risk ‘missing the extraordinary problem hidden amongst the ordinary ones.’

When Hudson opened in 1949 eight physicians served 5,600 students. Today, four physicians and two nurse practitioners serve more than 20,000 students.”

The lawyers of The Lowe Law Firm are experienced in helping families injured by medical negligence. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation. If you cannot make it to our office, we will come to you at the hospital or at your home.

Contact the lawyers at The Lowe Law Firm today by calling 877-678-3400.

May 28, 2008

Medical Malpractice--Woman Awarded $17M for Botched C-Section

In a medical malpractice lawsuit a woman claimed her doctor during a Caesarean section damaged her abdominal organs, caused pancreatic fluid and urine to burn through her abdominal wall and required the removal of her pancreas was awarded $17 million in a medical malpractice lawsuit, the Democrat and Chronicle reports.

In 2003, doctors at Strong Memorial Hospital in Rochester, N.Y., performed a c-section on Brenda Schenk. During the delivery, doctors allegedly cut the connection between her bladder and a transplanted pancreas she had received in 1995 to treat her diabetes.

The severed connection caused pancreatic fluid and urine to leak into her abdominal cavity, her lawyers alleged. Despite the complications, Schenk gave birth to a healthy baby girl. On Tuesday, a New York jury ordered the hospital to pay Schenk $17 million.

Surgical injuries are rare during C-sections and when they occur, they are usually the result of medical neglect. If you suffered an unusual injury to yourself or your child during labor or during a C-section you should seek legal advice as to whether it was the result of negligence. At the Lowe Law Firm we will have an OBGYN review the case to see if the injury was the result of unavoidable complications or negligence on the part of the doctor.

The lawyers of The Lowe Law Firm are experienced in helping families injured by medical negligence. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation. If you cannot make it to our office, we will come to you at the hospital or at your home.

Contact the lawyers at The Lowe Law Firm today by calling 877-678-3400.

May 22, 2008

Illinois Mother Settles Birth Injury Case for $15 million

An Illinois mother who claimed that a doctor’s repeated and futile attempts to deliver her son using a vacuum extractor delayed a timely Cesarean section and led to her son’s brain damage has received a $15.35 million settlement.

The pregnant woman was admitted to Valley West Community Hospital in October 2001. The labor was uneventful until her doctor, a family practitioner, decided to use a Kiwi vacuum extractor. The doctor used the vacuum extractor 18 times over a 50 minute time period but was unable to deliver the baby. Another doctor finally performed an emergency c-section after a fetal monitor indicated that the baby was in distress. The child was born with cerebral palsy and mental retardation.

The mother sued the family practitioner alleging he was incompetent to use the vacuum extractor and that he should have stopped using the device after the first few unsuccessful attempts. The mother also alleged the nursing staff failed to speak out on her behalf when it became obvious the doctor could not competently use the device. Finally, it was claimed that the hospital did not exercise reasonable care in evaluating the doctor’s ability to use the vacuum extractor. The hospital was allegedly put on notice of the problem because it settled a medical malpractice claim against the same doctor in 1999 arising out of his use of a vacuum extractor and forceps.

The medical malpractice settlement is believed to be one of the largest ever in Illinois.

The lawyers of The Lowe Law Firm are experienced in helping people injured by medical malpractice. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation for victims of medical malpractice. If you cannot make it to our office, we will come to you at the hospital or your home.

May 10, 2008

Medical Groups Fight to Keep Caps that Hurt Innocent Victims

Even though a 2005 Illinois law unfairly caps the amount of damages a medical malpractice victim can recover from a careless doctor, medical groups recently filed friend-of-the-court briefs urging the Illinois Supreme Court to uphold the limits.

The Illinois Supreme Court is set to consider the constitutionality of damage caps passed by the legislature. In November 2007, Cook County Circuit Judge Diane J. Larsen overturned an Illinois law that capped damages in malpractice cases. Her decision was appealed by the hospital.

The underlying lawsuit was brought on behalf of Abigaile LeBron, a girl who was born with a permanent brain injury. Her mother sued Gottlieb Memorial Hospital and others alleging medical negligence. The suit also challenged a 2005 law that capped pain and suffering damages at $500,000 for doctors and $1 million for hospitals alleging it violated the Illinois Constitution. Larsen agreed.

On May 8, the Illinois State Medical Society, the American Medical Association, the Illinois Hospital Association and the Metropolitan Chicago Healthcare Council filed amicus briefs asking the Illinois Supreme Court to overturn the Cook County decision.

Illinois is a key battleground in the fight over caps in tort cases and more briefs are expected to be filed this summer.

The law is unconstitutional and Judge Larsen’s decision should be upheld. When the carelessness of a doctor or hospital leads to injuries – especially severe ones like Abigaile’s permanent brain injuries – the victims deserve to be compensated and the doctors and hospitals must be held responsible.

The lawyers of The Lowe Law Firm are experienced in helping people injured by medical malpractice. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation for victims of medical malpractice. If you cannot make it to our office, we will come to you at the hospital or your home.

April 26, 2008

Caps Hurt Victims of Medical Mistakes

Caps or limits on awards for non-economic damages in Medical Malpractice cases save insurance companies money at the expense of justice for the elderly, young children and the poor in Missouri obtaining justice.

In 2005 Missouri law placed limits on the amount of damages that can be recovered when a doctor, a hospital or other medical professional makes a careless mistake. Under the law passed almost three years ago, injured victims or their families may only receive $350,000 for the pain and suffering caused by the carelessness of another.

Actual damage awards often hinge on lost wages. For the poor who work low incomes jobs, for the elderly who are retired or for the young unable to choose a career, lost wages can be small to nonexistent. As a result, their ability to recover for reckless or even intentional conduct through punitive damages has been severely restricted.

Lawyers are increasingly being forced to turn away medical malpractice cases because the substantial litigation costs associated with pursuing the cases often leaves the victims or their families with little after the expenses are deducted.

Last week, the Associated Press reported on the press conference held by Gov. Matt Blunt touting the medical malpractice caps as a boon for business.

But I have to agree with St. Louis lawyer Ken Vuylsteke who remarked: “What the governor trumpets as a great success we think is a travesty of justice to the people of Missouri.” I also doubt that the law so far has had any great effect on losses or insurance premiums because the law only applied to cases filed after August 28, 2005. It takes approximately 2 years for a case after it is filed to be settled or tried. The statistics the Governor cited were for 2006 which were probably all or almost all pre-tort reform cases to which the lower caps did not apply. This is another example of a politician taking credit for something that was not the result of the new law. When the statistics come in for cases filed after August 28, 2005 I expect to see even greater reductions, but remember the reductions come at the expense of the poor, elderly and children. I just don't think that is good policy.

The lawyers of The Lowe Law Firm are experienced in helping people injured by medical malpractice. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation for victims of medical malpractice. If you cannot make it to our office, we will come to you at the hospital or your home.

April 26, 2008

Illinois Mother Files Birth Injury Lawsuit

In Madison County, Illinois, a mother filed a medical malpractice lawsuit against her former obstetrician and Anderson Hospital on April 22, 2008. The medical malpractice lawsuit alleges that both the doctor and the hospital breached the standard care during the delivery of her child on April 29, 2006.

The lawsuit alleges that during labor, the child sustained severe birth injuries that have resulted in life-long disabilities. Fletcher claims that her child is suffering from mental, physical and developmental disabilities originating from the birth trauma.

These types of injuries are generally caused by lack of oxygen and are called hypoxic brain injuries. There are many ways this can happen including the cord wrapped around the babies neck or compression during contractions. These injuries can be avoided by properly monitoring the fetal heart rate and if there are significant fetal heart rate deacclerations, to perform a prompt c-section. Hypoxic brain injuries can be proven by testing the blood of the child for elevated phi which is also called acidosis, evidence of multi-organ failure as well as abnormalities on CT scans.

To prove a birth injury case you need an attorney with experience in these types of cases. You will need an OBGYN to prove a breach of the standard of care, a pediatric neurologist to prove the damages and their cause, a life care planner to prove up future needs of the child, and potentially a neuroradiologist to prove up the fact of the hypoxic brain injury and its timing, that is that it happened in utero during labor.


When you suffer an injury due to a doctor's negligence or mistake, we will help you pursue a medical malpractice claim.

The lawyers of The Lowe Law Firm are experienced in helping people injured by medical malpractice. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation for victims of medical malpractice. If you cannot make it to our office, we will come to you at the hospital or your home.

April 15, 2008

Man Paralyzed by Doctor Settles Medical Malpractice Claim for $3.7 Million

A man who was paralyzed due to alleged medical malpractice after a surgeon implanted a blood-clotting fabric into his spine has settled his medical malpractice claim for $3.7 million.

In 2003, Dr. Woosup Michael Park performed spinal decompression surgery on Leopoldo Castillo at New York Presbyterian Hospital. During the procedure, Park implanted the blood-clotting fabric Surgicel. Less than three hours after surgery, Castillo couldn’t feel or move his legs. During a second surgery, doctors discovered that the Surgicel fabric had expanded and compressed the patient’s spinal cord. As a result, Castillo was permanently paralyzed.

Castillo sued Park and New York Presbyterian Hospital for medical malpractice alleging that the use of Surgicel in spinal surgery was improper. The patient recently agreed to settle with the doctor and hospital for $3.7 million.

When you expect help and end up worse off due to a doctor's negligence or mistake, we will help you pursue a medical malpractice claim.

The lawyers of The Lowe Law Firm are experienced in helping people injured by medical malpractice. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation for victims of medical malpractice. If you cannot make it to our office, we will come to you at the hospital or your home.

April 13, 2008

Illinois Doctors to Receive Medical Malpractice Premium Refund

According to the Associated Press, Illinois doctors will collectively receive an $11 million refund from the state’s largest malpractice insurer.

The refund will come in the form of a credit on Illinois State Medical Insurance Exchange policy renewals. Individual doctors can expect a $500 to $1,000 deduction.

Bruce Kohen, president of the Illinois Trial Lawyers Association, attributes the refund to a 2005 law that gives state regulators the power to review insurance rates. Because of the regulatory oversight, insurance companies were required to give back the premiums to doctors.

For years, Illinois trial attorneys have been blamed by doctors for high premiums. But as this refund demonstrates, doctors should be asking whether they’re getting overcharged by their medical malpractice carrier.

Some of the medical malpractice insurers claim the refund is the result of Illinois medical malpractice reforms that have placed caps on the recoveries. Those insurance interests ignore the fact that the law was passed in 2005 and it applies only to cases filed after its effective date. In addition, it takes two or more years for those suits to go through the court system and
the caps have not had any effect on the majority of cases that were settled from 2005 through 2007. Moreover, the Circuit Court of Cook County Illinois has declared the law unconstitutional and that issue is on appeal so any claim that the refund is based on the medical malpractice reform is wholly without merit. Finally, the caps are $500,000 per doctor and $1,000,000 per hospital so it is hard to believe that the caps have had any effect.

The lawyers of The Lowe Law Firm are experienced in helping people injured by medical malpractice. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation for victims of medical malpractice. If you cannot make it to our office, we will come to you at the hospital or your home.

April 8, 2008

Medical Malpractice Birth Injury Results in $30 Million Jury Award

Birth Injuries that are the result of medical malpractice frequently are caused by lengthy labor failure to monitor the fetal heart rate and failure to perform a timely cesarean section. This results in a hypoxic brain injury. Doctors can tell after the baby was born if the injury was the result of a hypoxic brain injury during labor. First they test the baby's blood for acidosis or elevated levels of PH, which the body produces when the baby is deprived of oxygen. Also the results of serial CT scan can time approximately when the injury occurred. Lastly the fetal monitor strips will show substantial heart rate deceleration during labor.

In the case that resulted in the $30 million verdict, the mother was rushed to the hospital after her water broke and she went into labor. Monitors placed on her stomach warned that the baby’s brain wasn’t receiving enough blood and oxygen because he was being strangled by his own umbilical cord. It had wrapped twice around the baby’s neck.

Instead of performing a cesarean section immediately, the doctor waited several hours to deliver Jacob Tomlian. Eighteen months later, Jacob’s parents learned that their son had brain damage. His comprehension is far behind that of his peers. In addition, he suffers from cerebral palsy and spastic legs.

Jacob will never be able to work, never be able to drive, and will never be able to live on his own. He’s already had his kidney replaced and both of his legs broken and fused together. He will soon have hip surgery that will probably leave him wheelchair-bound for the rest of his life.

Fifteen years ago, Tomlian’s family sued Dr. Mark Grenitz, the gynecologist who helped deliver Jacob, as well as Westside Regional, the hospital in Broward County, Fla., where Jacob was born, for medical malpractice.

On Monday, a six-person jury unanimously concluded that the hospital and doctor were negligent and that those medical errors caused the boy’s injuries. They awarded Jacob $30 million in damages, the Miami Herald reports

The award is undoubtedly a relief for Jacob’s family because they no longer have to worry about his care. Having represented families in birth injury cases, I also know that every parent would gladly give the award away if they could undo the mistakes that caused their children so much pain.

The lawyers of The Lowe Law Firm are experienced in helping people injured by medical malpractice. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation for victims of medical malpractice. If you cannot make it to our office, we will come to you at the hospital or your home.

April 7, 2008

Medical Malpractice--Hospitalized Children Hurt by High Number of Drug Errors

As a lawyer who handles medical malpractice cases in Illinois, Missouri as well as many other states, I was surprised by the new study which concluded that medicine mix-ups, overdoses and adverse drug reactions hurts one out of every 15 hospitalized children, the Associated Press reports.

The study, which appears in the April issue of the journal Pediatrics, shows that previous error estimates were much too low. To expose the alarming rate of mistakes, researchers shied away from the voluntary reports of hospital staff. Instead, they developed a methodology that outlined 15 specific triggers that could signal a drug-related error.

The triggers included the use of the drug naloxone, an antidote for the overdose of morphine and other painkillers; the use of vitamin K, used as an antidote for an overdose of the blood thinner Coumadin; and the use of two different lab tests, one that detects insulin overdoses and another that detects heparin overdoses.

Actor Dennis Quaid’s newborn twins received life-threatening doses of heparin last November. The babies eventually recovered. In response to the harrowing event, Quaid and his wife formed a foundation to prevent medical errors. His advice to parents of hospitalized kids:

“Every time a caregiver comes into the room, I would check and ask the nurse what they’re giving them and why.”

Quaid’s experience and the new study make clear that adults aren’t the only ones hurt by preventable medical mistakes. When avoidable mistakes are made, the medical profession should be held accountable.

The lawyers of The Lowe Law Firm are experienced in helping people injured by medical malpractice. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation for victims of medical malpractice. If you cannot make it to our office, we will come to you at the hospital or your home.

March 31, 2008

Baby Injured by Birth Trauma Wins $19 Million in Medical Malpractice Suit

A baby boy disabled during birth trauma was awarded $19 million to help pay for the life-long medical care needed due to the boy’s injuries.

The boy was born during a c-section, and had to be resuscitated. The baby had to spend the first four months of his life in intensive care. He is permanently disabled, legally blind, suffers from severe brain damage and he has cerebral palsy. Cerebral palsy is usually caused by lack of oxygen during pregnancy. It causes hypoxic brain injury which means that the brain has been deprived of oxygen. This is usually proven by a CT scan which is interpreted by a neuro radiologist. The neuro radiologist can also date when the brain was deprived of oxygen. In addition, when a baby is born with cerebral palsy the baby's blood is checked for excess levels of PH. When a person (including a child in utero) is deprived of oxygen their blood will have excess levels of acid which is called acidosis. These tests are routinely performed on a child who is born with cerebral palsy.


The plaintiffs alleged that the obstetrician misdiagnosed the boy’s mother. The boy's mother called her doctor in the 30th week of her pregnancy and complained of abdominal pain. It was alleged that the doctor did not determine that she was hemorrhaging, did not give the her the proper tests, did not recognize that the baby was in distress or heed the warnings of his nursing staff who identified the woman’s problem.

The jury found that the doctor was negligent and awarded the boy $19 million in damages.

The lawyers of The Lowe Law Firm are experienced in helping people injured by medical malpractice. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation for victims of medical malpractice. If you cannot make it to our office, we will come to you at the hospital or your home.

February 29, 2008

Illinois Medical Malpractice--Supreme Court Considers Constitutionality of Non-Economic Caps

The Illinois Supreme Court is set to consider the constitutionality of damage caps passed by the legislature. Last November, Cook County Circuit Judge Diane J. Larsen overturned an Illinois law that capped damages in malpractice cases. Her decision was appealed by the hospital. Next month, briefs and friend-of-the-court briefs debating the constitutionality of tort caps are expected to be filed with the Illinois Supreme Court.

As I noted in an earlier blog entry, the underlying lawsuit was brought on behalf of Abigaile LeBron, a girl who was born with a permanent brain injury. Her mother sued Gottlieb Memorial Hospital and others alleging medical negligence. The suit also challenged a 2005 law that capped pain and suffering damages at $500,000 for doctors and $1 million for hospitals alleging it violated the Illinois Constitution.

Illinois is a key battleground in the fight over caps in tort cases. Advocates of the limits claim that they are needed to keep doctors and hospitals in business. Opponents argue that when the carelessness of a doctor or hospital leads to injuries – especially severe ones like Abigaile’s permanent brain injuries – the victims deserve to be compensated and the doctors and hospitals must be held responsible.

Because of the importance of the case, it is expected that a number of amicus briefs will be filed with the Illinois Supreme Court.

Illinois isn’t the only state with caps. Caps have either been proposed or enacted in all 50 states. In Missouri, the caps are extremely oppressive, limiting non-economic damages to a mere $350,000.

February 26, 2008

Iliniois Medical Malpractice Plaintiff Awarded $24 Million

In an Illinois Medical Malpractice case a jury in La Salle County Circuit Court decided an Illinois Plaintiff should receive nearly $24 million from a doctor and nurse practitioner in a malpractice case.

The 34-year-old Streator man filed a lawsuit in May 2003 against Ephraim W. Batambuze, M.D., John E. Podzamsky, D.O., registered nurse anesthetist Linda Blair of A.T. Associates and nurse practitioner Patricia Duffield, as well as against Batambuze's practice, Prairie Cardiovascular Consultants.

Porter said he entered St. Mary's Hospital in Streator in November 2001 for surgery involving a kidney stone in his ureter. During surgery, he underwent cardiac arrest and the flow of oxygen to his brain was interrupted.

As a result of the oxygen interruption, Porter lost most of his fine motor skills and suffers from spastic movement, severe double vision and slow, slurred speech, making him difficult to understand. However, Porter, who uses a wheelchair, can understand others. He is married and has two children. Before the surgery, Porter worked for a phone company.

The trial began Jan. 30 before Chief Judge James Lanuti. On Feb. 8, the plaintiff settled with Porter for $1 million each. The trial continued and on Thursday, jurors ruled against the remaining defendants, awarding the Illinois man $23,737,234.

A video recording titled "A Day in the Life" was shown to jurors. The video had no sound, which was meant to make jurors concentrate on the images. The video showed Porter's daily struggles. The video showed the injured plaintiff trying hard to do things and that in spite of the hard ships he faced that he still had a sense of humor.

February 13, 2008

Medical Malpractice Case for the Failure to Diagnose Gastric Cancer Settles after Woman’s Gastric Cancer goes Undetected

A lawsuit filed against a doctor who, despite his patient’s symptoms, failed to order a medical test that would allegedly have detected gastric cancer when it was still treatable has been settled for a confidential amount.

Attorneys Jeffrey J. Lowe of The Lowe Law Firm represented the woman's family.

On Jan. 8, 2002, Panagiota Yiatras, 65, was examined by Dr. Miguel Cannon, her primary-care physician. She told Cannon that she had been tired for about a month and had lost three pounds since the previous fall. Cannon referred her to a gastroenterologist at Gateway Gastroenterology Inc. in St. Louis County, for a colonoscopy.

Nine days later, Yiatras with the gastroenterologist and complained that she had been bloated for the past month and explained that she had now lost five pounds. The colonoscopy was performed on Jan. 18, 2002, at St. John’s Mercy Medical Center. The hospital’s records indicate that Yiatras’ health complaints were weight loss, nausea and abdominal pain. The admitting history indicated that Yiatras complained of weight loss, stomach upset, heartburn and pain.

During the colonoscopy, a noncancerous polyp was discovered. In the report of the colonoscopy, the gastroenterologist noted that the patient’s chief complaint was abdominal bloating and that she believed that she had lost five pounds. He diagnosed gastroesophageal disease and recommended treatment with a proton-pump inhibitor.

On Jan. 29, 2002, Yiatras met with her primary-care physician to discuss the polyp, and he recommended that she undergo another colonoscopy in three years. In July 2003, though, it was discovered that Yiatras had metastatic gastric cancer that had progressed to stage IV, the final stage. She died in March 2005.

Yiatras’ husband and adult children filed a suit alleging wrongful death and medical malpractice against Gateway Gastroenterology Inc. in St. Louis County Circuit Court on Aug. 26, 2005. The family alleged that the gastroenterologist negligently failed to recommend Yiatras have an upper endoscopy, which would likely have revealed the cancer.

According to plaintiffs’ expert Dr. Meyer Solny, a board-certified gastroenterologist, Yiatras had dyspepsia, defined as chronic or recurrent pain or discomfort in the upper abdomen. Whenever a patient older 45 reports dyspepsia and weight loss, according to the standards of the American Gastroenterological Association, an endoscopy should be performed. The American Society for Gastrointestinal Endoscopy sets forth similar recommendations for patients older than 45 who experience dyspepsia and weight loss.

An oncologist expert for the plaintiffs, Dr. Robert Sklaroff, opined that, judging from Yiatras’ symptoms, in January 2002 the gastric cancer would have been at stage I or IA, which carries a survival rate in excess of 50% at five years. It was his opinion that if the cancer had been discovered in January 2002 Yiatras would likely have survived.

The defendant denied the allegations. They asserted that at the time the colonoscopy was performed Yiatras did not have dyspepsia and a 5-pound weight loss was not significant enough to warrant an upper endoscopy. It was the opinion of the defendants’ oncology expert that she had either stage II or stage III gastric cancer. The survival rate for stage II or stage III cancer is less than 50 percent, and the five-year survival rate for stage III cancer is 8 percent.

The case was referred to mediation. The parties entered into a confidential settlement on Aug. 10, 2007. The defendant did not admit liability.

January 5, 2008

Medical Malpractice Caps Unfairly Shift the Burden of the Medical Providers Negligence to Injured Patients

As a medical malpractice lawyer who practices in Missouri, Illinois as well as other states, I know that medical malpractice cases are difficult and expensive cases to handle. Medical malpractice cases are also more difficult to win in comparison to a product liability case because in a product liability case you can generally present evidence that the corporation knew of the risk of injury, could make the product sager but made the conscious decision to put profits over safety. In a medical malpractice case you have a doctor who is in a caring profession, who did not mean to injure their patient but just made a mistake which resulted in one of their patients being injured.

Over the last several years insurance companies and large corporations have spent millions of dollars convincing the public that a medical malpractice crises exists. The effect of this well organized disinformation campaign has made it more difficult for plaintiffs to win medical malpractice cases. These campaigns have influenced some state legislatures to limit the amount of damages a plaintiff can recover in a medical malpractice for non-economic damages which are commonly known as pain and suffering.

These laws have dramatic effects, for example in California the cap is $250,000 and in Missouri it is $350,000. Furthermore, in both states the cap is not indexed to keep pace with inflation. What these laws do is unfairly shift the burden of the medical providers negligence from the hospital or doctor who made the error and who can insure against the loss to the individual whose life has been dramatically changed by the medical providers negligence.

Who can legitimately argue that if you are paralyzed or suffer a permanent disability from a medical providers negligence that $350,000 is adequate compensation. The public needs to be aware of the effect of these laws and express their outrage at this unfair risk shifting from medical providers who are able to protect themselves by obtaining insurance, to patients who maybe be burdened with permanent disabilities and inadequate compensation to help ease their suffering and without any means to protect themselves. These laws need to be changed by the legislatures and they need to be challenged in court. As a matter of fact, a judge in Chicago Illinois recently held that Illinois "medical tort reform law" which included a cap on non-economic damages was unconstitutional. The defendant in that case has appealed the judges decision to the Illinois Court of Appeals and a final decision will not be made on this issue for months.

People analyze this issue objectively and not fall for the propaganda put out by insurance companies and the medical community. As a medical malpractice lawyer I will do my part by picking the best case I can to challenge these laws. The public can do its part by voting for candidates who represent the people of their district or state and not corporations and insurance companies.

January 2, 2008

Illinois Medical Malpractice Caps Ruled Unconstitutional, Appeal Filed

Illinois' medical malpractice damage caps were declared unconstitutional by a Cook County Circuit Judge on November 13, 2007. On December 13, 2007 the hospital and doctor filed a notice of appeal with the Illinois Supreme Court in an effort have the decision overturned.

In 2005, the Illinois legislature passed Public Act 94-677 which capped non-economic damages, also known as pain and suffering awards, at $500,000 for doctors and $1 million for hospitals. The new law came on the heels of a scare campaign waged by insurance companies, hospitals and doctors. That campaign blamed lawsuits for skyrocketing insurance rates and claimed doctors were leaving the state as a result.

What they didn’t tell the public was that the insurance industry was responsible for the high rates and that insurance reform was needed. Unfortunately, the politicians passed a measure that protected hospitals and doctors and insurance companies at the expense of patients.

Abigaile Lebron, an infant, was one such patient. It is alleged that Abigaile’s delivery was botched, leaving her with permanent and severe brain damage. In 2006, a medical malpractice suit was filed against Gottlieb Memorial Hospital, Dr. Robert Levi-D’Ancona and Florence Martinez, a nurse.

Abigaile’s lawyers challenged the constitutionality of the medical malpractice caps, arguing that the law stripped away a patient’s right to seek redress in court. Cook County Circuit Judge Joan Larsen agreed. On Nov. 13, she ruled that the legislature cannot interfere with the right of judges and juries to determine fair damages. The caps, Larsen concluded, violate the “separation of powers” clause in the Illinois Constitution.

In the ruling, Larsen relied on two Illinois Supreme Court decisions, Best v. Taylor Machine Works, 179 Ill.2d 367 (1997) and Wright v. Central DuPage Hospital Association, 63 Ill.2d 313 (1976), ran afoul of the state constitution.

After Judge Larsen’s ruling, the defendants vowed to take their challenge to the Illinois Supreme Court. On Dec. 12, they made good on that promise.

I think the earliest will see a ruling from the Illinois Supreme Court will be by the end of August. This case will be closely watched. Perhaps by that time, the constitutionality of Missouri’s $350,000 medical malpractice cap will also have been challenged, which is much more draconian than the Illinois cap.


November 30, 2007

Missouri Medical Malpractice Caps Protects Hospitals, Doctors and Harm Patients

Missouri Medical Malpractice awards for non-economic damages for all cases filed after August 2005 were capped at $350,000.00 total for all defendants. This law protects the financial interests of doctors, hospitals, and insurance companies at the expense of injured patients. Prior to this law passing Missouri already had medical malpractice caps at approximately $545,000.00 per defendant and the cap was adjusted for inflation. The new cap has no infaltion adjustment.

The effect of this law adversly effects the elderly, i.e., retired, stay at home moms, children and any people who are not working because they generally do not have economic damages other than medical bills. It effectively deprives this group of people of a remedy when the malpractice results in death because there are no future medical expenses and the total recovery is limited to $350,000.00. While this might sound like a lot of money, when a lawyer looks at this as a business decision on whether to take the case the numbers do not add up.

Most lawyers in Missouri take medical malpracitce cases on a 40% contingency fee basis and advance the expenses. The expenses to take a case to trial are usually are $40,000.00 on the low side and up to $100,000.00 depending on the number of experts and complexity of the case. As a medical malpractice lawyer you know that the defendant will rarely if ever settle a case for the maximum amount for which their client could be liable. That means if the case settles for example $300,000.00, you as a lawyer will have to spend $40,000.00 to $100,000.00 for a chance to earn a $120,000.00 fee. Since this law has passed I have regularly turned down what I call a one cap case with limited economic damages. This means as least that a stay at home mom, an elderly parent or a child who is killed as the result of medical neglect is effectively denied a remedy. This law's constitutionality has not yet been challenged but it should. What would be even better is for the Republicans in the Missouri legislature and Governors Mansion be voted out of office and the old caps re-instituted. That way there would still be limits on what a jury could award but a segment of our society would not be effectively denied a remedy.