December 17, 2009

Temporary Firms are a Magnet for Unfit Nurses

The LA Times reports, “Firms that supply temporary nurses to the nation's hospitals are taking perilous shortcuts in their screening and supervision, sometimes putting seriously ill patients in the hands of incompetent or impaired caregivers” (12/6, Weber and Ornstein).

The problem is worsened by nursing shortages and lacksidasical regulation, but the temporary firms “have become havens for nurses who hopscotch from place to place to avoid the consequences of their misconduct. An investigation by the nonprofit newsroom ProPublica and the Los Angeles Times found dozens of instances in which staffing agencies skimped on background checks or ignored warnings from hospitals about sub-par nurses on their payrolls. Some hired nurses sight unseen, without even conducting an interview.”

Nurses with documented poor history who are rehired by another unsuspecting organization subject ill people to the perils of their recurring bad habits, including charting drug administration to patients, but stealing the pain killers for personal use.

As a Chicago attorney who has experience with similar medical negligence cases, I am saddened by this phenomenon. Although some places are more diligent than others about checking their nurse’s backgrounds prior to hiring them, those who don’t subject innocent patients to careless, irresponsible, and malicious behavior, which gives the entire industry a bad reputation.

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December 17, 2009

Illinois Supreme Court to rule on Medical Malpractice

This week, the Illinois Supreme Court will release a decision regarding the constitutionality of the state’s medical malpractice law (12/17, AP for FindLaw).
Of particular concern is the Court’s ruling on whether damage awards in medical mistakes may be capped. In 2005, “the General Assembly adopted caps…as a way to keep doctors from fleeing the state because of rising insurance rates” limiting “what victims could collect for non-economic damages such as pain and suffering to $500,000 against doctors and $1 million against hospitals”.

In 2007, a Cook County judge ruled against damage caps holding that they interfered with juries' power to award appropriate damage awards for medical errors. The Supreme Court has twice before thrown out medical malpractice caps.

As a medical malpractice attorney in Chicagoland, I hope the Supreme Court again throws out damage caps. The jury should be able to award case specific damages for pain and suffering as damage caps are highly unfair to those who are catastrophically injured.