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Articles Posted in medical malpractice

There are three primary factors that judges will often instruct a jury to keep in mind when deciding medical malpractice cases: the defendant’s duty of care, the “reasonable person” standard and the standard of care.

Duty of care

Physicians in the United States aren’t responsible for coming to the aid of any injured or sick person unless there’s a preexisting doctor-patient relationship established between them.

Durotomy is a type of complication that many lumbar spine surgery patients experience when the dura, or the thick membrane that surrounds their spinal cord, is torn. A study published in June in the medical journal Spine highlights just how often it is that incidental durotomy injuries are to blame in medical malpractice lawsuits filed in the United States.

Of a total of 48 cases reviewed, 87.6 percent of the victims alleged that they’d suffered neurological impairments as a result of their durotomy injuries. In just over 56 percent of all these cases, the juries charged with deciding if the doctors were indeed negligent ultimately decided that they weren’t.

Juries decided that doctors didn’t engage in negligence in at least 83 percent of the cases in which plaintiffs alleged other injuries than neurological deficits.

A lawsuit was filed against a New Lenox obstetrician on May 29 in the 12th Judicial Circuit Court in Will County. In the filing, a 32-year-old Minooka woman accuses her physician of having left her body in poor condition after delivering her child in 2016. She’s requesting damages in excess of $50,000.

In the woman’s filing, she chronicles how she chose to have the doctor deliver her child at Silver Cross Hospital after reading rave reviews about him on Google. She was equally impressed by the wording used on his practice’s website. There, it spoke of him being trusted by thousands of female patients to take care of them over the years. It also referred to him as being immensely compassionate and caring.

The woman also chronicles how she saw the defendant during the latter part of her pregnancy in 2015 and in 2016 until she delivered her child. Despite having seen her on various occasions, she maintains that he rushed into performing an episiotomy on her when she was set to deliver her baby.

When most people experience either gas or bloating, they often think that it has to do with their body’s response to something that they ate that was bad for them. It’s unlikely that they would assume that their abdominal discomfort was related to either a surgical tool or sponge being left in them. In the case of some patients, though, this is what doctors ultimately discover is causing their persistent, nagging abdominal pain.

Back in February, the New England Journal of Medicine published details about one such instance that occurred in Japan. A 42-year-old woman who’d had cesarean sections on two different occasions went to her doctors after she experienced bloating for three years that never seemed to subside.

According to journal article, when the woman’s doctors examined her, they were shocked to find two solid masses close to each of her hip bones. Upon performing a CT scan on her, doctors found that those masses were both hyperdense and stringy.

The adult daughter of a 56-year-old St. Charles woman filed a medical malpractice lawsuit against her mother’s doctors at Delnor Hospital during the second week of May.

In the filing, the woman accuses the physicians that were responsible for treating her mother in the emergency room of having repeatedly turning a blind eye to her addiction to painkillers. She later died on Feb. 7, 2017, after apparently taking a toxic combination of these highly addictive prescription medications.

In the filing, the decedent’s daughter chronicles how her mother would repeatedly go to the emergency room at Delnor Hospital where she would claim that she was suffering from different conditions. She notes that her mom often complained about having abdominal discomfort, knowing that the doctors would give her high-powered painkillers to take while she underwent time-consuming testing for what ailed her.

One projection published by the American Cancer Society (ACS) earlier in 2018 showed that they expect as many as 97,220 new patients to be diagnosed with colon cancer this year. Another study carried out by researchers at the Baylor College of Medicine in 2014 showed that one out of every 20 Americans receive misdiagnoses every year.

Fortunately, only .0007 percent of those misdiagnoses are for colon cancer. Even though that seems like a small number, these types of doctor errors result in delayed treatment and thus pain and suffering for patients. In other cases, misdiagnoses rob countless individuals of their lives far too soon. There are a number of different reasons misdiagnoses occur.

They often occur because a doctor misinterprets test results. In some cases, the choice of test your doctor orders may be wrong for the symptoms you’re presenting with or they produce false-positive results.

If you see an obstetrician (OB) during your pregnancy at a private office unaffiliated with a larger hospital, then they likely are hospitalists. These individuals are those who petition a medical center for the right to use their facilities to carry out in-patient care of their pregnant moms including delivering their babies there.

When selecting your OB, you may have particularly set out to select one in private practice in hopes of them providing you more individualized and attentive care. An administrator with the OB Hospitalist Group warns that you may receive quite the opposite type of care from what you expect though.

He notes that, in his experience, unless an OB is affiliated with a hospitalist group, then they may be subjected to far too many demands on their time than other staff physicians might. This may, in turn, expose them to an increased litigation risk.

The estate for the late singer Prince filed a lawsuit against Walgreens and a physician at Moline, Illinois, Trinity Medical Center on Monday, April 23.

In the lawsuit, the singer’s heirs claim that the pharmacists failed to take reasonable care when filling his prescriptions. They also accuse the hospital of having failed to properly treat and later investigate the events leading up to the singer’s near-death overdose on April 15, 2016, six days prior to his death.

In the Cook County filing, the family accuses the Illinois-based Walgreens Co. and a number of its Minnesota store pharmacists of having caused the singer’s death by dispensing prescription drugs to him that were clearly not intended to be used for a valid medical reason.

Several physicians and nurses employed by Rush University Medical Center are named as defendants in a lawsuit filed against both them and their employer in the Northern Illinois District Court on Tuesday, April 3. The four doctors, two nurses and – *-hospital all stand accused of having played a role in causing medical errors that ultimately left a baby boy disabled following his birth in 2007.

According to the complaint, the now 11-year-old boy, experiences both cortical blindness and spastic quadriplegia as a result of having suffered permanent brain damage before and during his delivery.

In the filing, it chronicles how the medical staff responsible for the care of both mother and child neglected to closely monitor them and perform a timely delivery. It also captures how no one ever identified warning signs that her baby was in danger. The plaintiff notes that no one sought out a second opinion about her care nor did the medical team responsible for her care take precautions to prevent her unborn son’s injuries.

Medical malpractice is an all too common issue in the world today. Even though there are advances in technology that can help to prevent medical malpractice it is still a possibility in all types of medical fields. Doctors can make mistakes. These mistakes can be honest, but even if they are, patients are still within their legal rights to receive compensation in Chicago, Illinois.

A common type of medical malpractice occurs when a doctor fails to diagnose a patient or issues an improper diagnosis. When this happens, the patient could wind up becoming more ill than they already are as the proper treatment wouldn’t have been administered yet. Some patients can find themselves seriously ill. This medical malpractice can even lead to death.

Another type of medical malpractice occurs when a doctor operates on the wrong patient or on the wrong part of the patient. For example, the patient who received a surgery was not scheduled for one but maybe his or her roommate in the hospital was scheduled for the surgery. The other example is when a patient is scheduled for surgery on his or her left leg but the doctor operates on the right leg.

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