Chicago Medical Malpractice Lawyer Blog

Drug maker Pfizer has recalled around a million packs of birth-control pills due to a packaging error. The pills recalled are Lo/Ovral-28 pills and their Norgestrel generic versions. According to the Wall Street Journal, doctors have prescribed these types of birth-control pills to tens of thousands of women.

Pfizer explained that certain packers have the active and inert tablets out of order or have an incorrect amount of each kind of pill. Women who mistakenly take an inert pill instead of an active one are at risk for unintended pregnancies. At this point, neither the Food and Drug Administration nor Pfizer has reported adverse effects from the error, namely unintended pregnancies, but it is far too early to assume that unintended pregnancies have not resulted from this error.

As a Chicago medical malpractice attorney, I understand the emotional distress that can result from an unintended pregnancy. Women throughout the country rely on the manufacturers of birth-control pills to provide safe and effective products. Because of this, Pfizer and other drug makers have a duty to ensure that errors like this do not happen.

From roughly the 1950’s to the 1980’s, child sexual abuse by clergy occurred across the country virtually unchecked. Churches, including but not limited to the Catholic Church, hid allegations of sexual abuse and fellow parishioners. The Church clearly put its reputation ahead of innocent victims for many years by hiding abuse committed by its employees.

As reported in Reuters today, the pattern continues:

A priest accused of producing child pornography was welcomed into a young victim's home and included in numerous children's activities because a bishop kept evidence related to the priest a secret, according to a lawsuit filed on Wednesday.

The suit is one in a string of lawsuits and legal actions against Father Shawn Ratigan and Bishop Robert Finn, the leader of the 134,000-member Catholic Diocese of Kansas City-St. Joseph, alleging that Ratigan took advantage of his position as a priest to create pornographic photos of children in his parish.

The suits allege the bishop knew about the photos, and had received numerous warnings about Ratigan's behavior, but hid the information from police and families in the Diocese.

Obviously, The Catholic Church has learned nothing from its past mistakes. Unfortunately, the victims still must force the Church to reveal the truth regarding sexual abuse perpetrated by priests, Brothers and teachers. If you are a victim of sexual abuse or are inquiring on behalf of a friend or family member who has suffered a sexual assault, contact experienced trial lawyers immediately to confidentially discuss your claims.

As trial lawyers one of our duties is to investigate hospitals when patients are neglected or abused, since our government has neither the resources nor the political will to do so. As described in a Chicago Tribunue investigation:

The Illinois Department of Public Health declined to investigate 85 percent of the 560 hospital complaints it received last year, even when the reports alleged violations such as patient abuse and inadequate infection control, records show. Some allegations of serious harm or death were not pursued even though federal law requires that such claims be investigated within 48 hours.

"These are serious complaints," said Lisa McGiffert, director of the national Consumers Union Safe Patient Project. "If the regulatory system is collecting these complaints and not responding, that is a massive failure of oversight."

Complaints can reveal crucial systemic problems, experts say. And when it finds violations, the state can order hospitals to make corrections.

But Illinois regulators say they don't have the funding to investigate. And the hospital industry has fought proposals to pay for the investigations with fees that amount to pennies a day per hospital bed.

This report shows why private citizens must have access to the courts when mistakes have been made in hospitals. With such a void left by the State, the victims or their surviving families must be able to turn to the courts to get justice to put pressure on the hospitals not to repeat these mistakes.

The Penn State sexual abuse scandal reminds us that state and federal laws may mandate that a teacher or coach, such as Coach Paterno and the assitant coaches and administrators at Penn State, has a duty to report suspected sexual abuse of children to the police. As discussed in a recent Chicago Tribune article:

Illinois law features a long list of people who must notify the Department of Children and Family Services if they suspect that a child has been abused or neglected, including doctors, coroners, social workers, police officers, foster parents and members of the clergy.

The law also specifies "school personnel" as mandated reporters, and DCFS spokesman Jimmie Whitelow said Thursday that the department interprets that to include employees of colleges and universities.

Institutions that deal with children, such as schools and churches, may be liable in civil suits if they fail to fulfill a duty to report sexual abuse of children. If you have encountered a situation where a school, church or other institution has failed to report abuse, or covered it up, contact us.

The Penn State sexual abuse scandal reminds us as trial lawyers that large institutions that deal with children do a terrible job of policing themselves when it comes to child sexual abuse. Institutions like the Catholic Church, and its Archdioceses in Chicago, Milwaukee and Boston, for example, have failed to respond to the problem of sexual abuse of children by priests, brothers and nuns honestly and firmly. Instead, the Catholic Church, like Joe Paterno and the Penn State administration, has responded to the abuse with excessive leniency, insensitivity, secrecy, and neglect.

New York Times columnist Frank Bruni recently addressed the parallels between the scandal at Penn State and the scandals involving large institutions such as the Catholic Church and the Boy Scouts of America:

That has been true of the Boy Scouts, which has paid out tens of million of dollars in response to lawsuits by former scouts molested by adults who continued to work in the organization despite complaints or questions about their behavior.

That has been true of the Roman Catholic Church, whose diocesan heads and bishops repeatedly transferred abusive priests from one parish to another rather than report them to law enforcement authorities. This cover-up spanned decades and went all the way up the hierarchy of the church.

Many factors explain it, including a fear of scandal and desire to protect the church’s image. The Boy Scouts, too, didn’t want messiness exposed.

The truth in cases where large institutions hide sexual abuse is usually revealed only when experienced trial lawyers can use the power of the courts to force institutions like the Archdiocese of Chicago to open up their files on the histories of their abusive priests and brothers. Even if you or a loved one were sexually abused long ago, you may still be able to pursue claims against the religious organizations involved in the abuse. If you are a victim of sexual abuse or are inquiring on behalf of a friend or family member who has suffered a sexual assault, contact Hurley McKenna & Mertz immediately to confidentially discuss these claims.

The Penn State sexual abuse scandal reveals a pattern of conduct that the trial lawyers at Hurley McKenna & Mertz are well-acquainted with—a man in a position of power at a loved and respected institution uses his position to abuse children, and the officers of the institution not only refuse to stop the evil conduct, but actively work to protect the abuser. In our experience, that same pattern has consistently played out when we investigate allegation of sexual abuse by priests and brothers affiliated with the Catholic Church.

Abuse experts see many similarities between the Penn State scandal and Catholic Church scandals in cities such as Chicago, Milwaukee and Boston:

Child sex abuse expert Kenneth Lanning, who worked in the FBI for 30 years, said the abuse suspects in Boston and at Penn State share similar profiles as “acquaintance molesters,” who have access to children, do good things for them and often are seen so far above reproach that people don’t believe even obvious signs that something is wrong.

He said institutions such as Penn State and the Boston archdiocese also have similar profiles, as successful and respected organizations, with strong motivation to preserve their reputations. That can lead to bad decisions to avoid negative publicity, even if there’s no malicious intent, he said.

“Any youth-serving organization can have these problems,” he said. “But I think when you have a youth-serving organization that has a certain aura about it, or status about it, then I think there’s at least a strong potential that that can influence their decision-making process and how they handle things.”

However, the Penn State sexual abuse scandal also reveals: YOU ARE NOT ALONE. Even if you or a loved one were sexually abused long ago, you may still be able to pursue claims against the religious organizations involved in the abuse. If you are a victim of sexual abuse or are inquiring on behalf of a friend or family member who has suffered a sexual assault, contact Hurley McKenna & Mertz immediately to confidentially discuss these claims.

Many wrongly assume that medical malpractice cases are “frivolous;” or, that medical malpractice lawyers are merely trying to make money by suing doctors for petty mistakes. The opposite is true. Mike Stobbe writes on a study by the New England Journal of Medicine that says “only 1 in 5 medical malpractice cases pay.” Meaning, lawyers are taking huge risks in accepting a med mal case: trial lawyers pay enormous up-front costs to bring a med mal claim to court, including the high cost of hiring expert witnesses. Trial lawyers must also combat a medical field with significant means and legal sway. Even more, some states have caps on medical malpractice awards. Considering the aforementioned, trial lawyers choose important and significant cases that make weighing these obstacles worthwhile for all parties involved.

Stobbe writes on the study published Wednesday, “Each year about 1 in 14 doctors is the target of a claim, and most physicians and virtually every surgeon will face at least one in their careers.” Again, while the study seems to support a public opinion that medical malpractice cases are “frivolous,” the authors of the study suggest a more complicated reading. They cite the emotional distress of doctors, the high cost for lawyers, and the tiny fraction of people who actually file claims.

Continue reading "New England Medical Journal reports: medical malpractice" »

Two recent malpractice lawsuits are bringing issues of care to the forefront.

From Bloomberg News, Laurence Viele Davidson reports on a $2.1 million settlement in Kentucky. An Army soldier, Staff Sgt. Adam Cloer, of Missouri, filed a claim over the treatment of his wife’s illness at a military hospital. The lawsuit claimed that the staff at the military hospital in Fort Campbell, Ky. ignored his wife’s symptoms and misdiagnosed her illness. The hospital neglected to screen Melodee Cloer for rectal cancer, despite her serious symptoms. Due to their negligence, Ms. Cloer’s cancer spread and after many subsequent surgeries, she died at the age of 53.

Insurance Journal covers another shocking story of malpractice out of West Virginia. Dorothy Douglas, who suffered from dementia and Parkinson’s disease, spent 20 days in a Carlyle Group nursing unit, HCR ManorCare Inc., before dying in a hospital. Her son Tom Douglas claims that Ms. Douglas suffered from dehydration and renal failure due to an understaffed and incompetent nursing facility. The nursing home will appeal to a $91.5 million verdict. Douglas’ lawyers had targeted the same facility the year before, winning a $1.5 million verdict.

These horrific stories are not consoling to someone thinking about placing a loved one under the care of a nursing facility or hospital. Picking the right facility to care for loved ones can be an extremely difficult decision; but, issues of neglect and lack of sufficient care should not have to be a worry. Nursing homes and hospitals must be held accountable for the type and quality of care they provide. Without demanding justice in the field of care, our loved ones will continue to suffer do to an air of unaccountability. As a Chicago nursing home and medical malpractice attorney, I am hopeful that in keeping these facilities on their toes, our loved ones will get the care and attention they deserve. Those who have been wronged due to medical malpractice should seek justice to ensure this right.

Mercedes Iverson, 86, was recently attacked by a fellow nursing home patient, leading to her subsequent death.

The long-time Glenview resident was residing at Maryhaven Nursing and Rehabilitation Center, 1700 E. Lake Ave, when she was brutally attacked behind closed doors. Sources say that her death was caused by craniocerebral injuries from the assault, and from heart disease. The attack took place in a private room on the floor which houses patients with Alzheimer’s and dementia.

Neither Resurrection Health Care, owner of Maryhaven, nor the nursing home itself is taking responsibility for the attack. A spokesman for Resurrection calls the incident “unfortunate,” “sad,” and “tragic,” but assures reporters that Maryhaven is a safe community for its residents.

As a plaintiff’s attorney, I question the claim that a nursing home community which allows homicides to happen behind closed doors is a safe community. Failing to monitor and protect nursing home residents is negligence and may be a violation of the Nursing Home Care Act. The family of Ms. Iverson should seek answers through the civil justice system and, in doing so, help to avoid a future tragedy of this sort.

In a June 28th letter to the editor in the Chicago Tribune, ITLA President Jerry A. Latherow responds to Lisa A. Rickard of the U.S. Chamber of Commerce who claimed in a June 17th opinion piece that Illinois citizens are abusing the legal system in order to make a profit, what she calls “jackpot justice” (Rickard 1). She claims that Illinois is a, “plaintiff’s lawyer paradise” where, “trial lawyers target solvent businesses in…lawsuits even if they have no connection to their clients” (1). She claims that these lawsuits hurt businesses who are trying to create jobs in a tough economy. Latherow clears up Rickard’s rickety rhetoric, and explains why she might be making such a claim.

He argues as such: Rickard is president of the U.S. Chamber Institute of Legal Reform. The U.S. Chamber of commerce is funded by big business interests like tobacco, oil, insurance, and pharmaceutical companies, although they hide behind a veil of local business sentiment. The reason that they demonize Illinois as a “plaintiff’s lawyer paradise” and claim that Illinois is too trial-happy is because they want to dominate the legal system, and keep citizens from successfully navigating it. These huge businesses are spending huge amounts of money to launch media campaigns that create the appearance of abuse in the legal system, to promote “tort reform,” to claim that ordinary citizens are cashing in on lawsuits with false claims of injury.

This is not the case. The real abuse, Latherow explains, is that the legal system is being manipulated for profit, but it is being manipulated by the very accusers, Ms. Rickard and the U.S. Chamber of Commerce. The Chamber funds groups whose products injure and kill victims; the Chamber attempts to pass “reformed” laws that make accountability in Illinois impossible, like limits on settlements in medical malpractice cases, or promoting mandatory arbitration rather than unbiased trial. Of the three branches of government, the courts are the one and only equalizing branch; anyone, no matter how rich or poor, can seek justice, as opposed to the executive or legislative branch which is dominated by powerful interests. The Chamber wants to erase the equalizing function of the courts. Latherow writes that the Chamber “…takes away [individuals’] constitutionally protected right to hold these negligent corporations accountable for their actions” (Latherow 1). The Chamber wants to keep big businesses with money and power dominating.

Latherow suggests that we take a stand against Rickard, and that we celebrate an Illinois court system that protects its residents when they have been injured or harmed. As a Chicago personal injury lawyer, I am proud that our courts believe in an individual’s constitutionally protected right to hold big corporations accountable for their actions. I am proud that our courts protect individuals who have been legitimately harmed.

A new study published in the Journal of the American Medical Association (JAMA) reports that there are almost as many medical malpractice claims paid on behalf of physicians as there are paid by hospitals. As a personal injury lawyer in Chicago, it does not surprise me that "physician offices are nearly as malpractice prone as hospitals". The numbers suggest a serious problem in communication and care in outpatient facilities.

The almost equal number of malpractice cases in physicians’ offices to hospitals is not surprising considering there are “30 times more outpatient visits than hospital charges each year;” however, the rising problems with safety and care in outpatient facilities suggest that physicians’ offices “may not have the same safety controls as hospitals." Other than these potential slip-ups in safety controls, JAMA’s research suggests that the leading source of malpractice claims are from diagnostic errors.

Although ensuring patient safety and good care in outpatient facilities can be challenging, both inpatient and outpatient institutions who disregard crucial elements of care should be held accountable for their actions. Patient care must be held to the highest priority. Individuals who have suffered sub-par care have legal rights.

A report released Tuesday, May 17, by the Illinois Department of Children and Family Services revealed the cause of recent sexual assaults at Chicago's Lakeshore Hospital to be inadequate staffing levels and a lack of supervision. This report is a follow-up to a September 2010 Chicago Tribune article that revealed four instances of alleged patient sexual assault at Chicago Lakeshore since 2008, and at least 14 other allegations of rape or sexual abuse of juveniles at Chicago-area psychiatric hospitals during that time.

Chicago Lakeshore has promised corrective action and disputes the findings, but according to the report, written by experts from the University of Illinois at Chicago, some units housing youths "continue to present unacceptable risks at times because of lax or inconsistent supervision by staff.

As a Chicago medical malpractice attorney, I have seen the devastating emotional effect that sexual abuse can have on a young person. It is the duty of the housing medical facility to ensure that all patients, especially the young and potentially helpless, are given a safe environment in which to receive treatment. This includes freedom from abuse by employees of the medical facility, or by fellow patients. I encourage all patients and those close to them to seek legal help if they have been subject to abuse as a result of inadequate medical care.