Chicago Medical Malpractice Lawyer Blog

Over the past decade, abuse of opioid painkillers has dramatically increased throughout the United States. Opioid painkillers are a class of drugs with narcotic effects including hydrocodone, methadone, and oxycodone, and are sold under brand names such as Vicodin and Percocet. These drugs are particularly dangerous because patients may be under the false impression that they are safe because they are legal and doctor-prescribed. On the contrary, nearly 15,000 people die from overdoses involving these drugs each year, which is more than from heroin and cocaine combined.

Because overdose and abuse of these prescription painkillers has become increasingly prevalent, health care officials have proposed ways to curb their abuse. First, doctors should prescribe opioid painkillers only under specific conditions and in limited quantities. Second, doctors should employ screening mechanisms to determine patients’ risk and history of substance abuse before prescribing opioid painkillers.

In addition, clinics known as “pill mills,” which encourage, facilitate, and profit from their patients’ addiction to painkillers should be aggressively prosecuted both criminally and civilly.

As a medical malpractice attorney, I understand that overprescribing painkillers can lead to addiction in patients by no fault of their own. I also understand that when individuals suffer serious injuries or receive major medical procedures, they have a right to be given the medication necessary to alleviate their pain. Thus, the medical community is faced with the difficult task of striking a balance between protecting patients from abuse and providing patients with the necessary pain relief.

The seriousness of this problem cannot be overstated, and I hope that the general public continues to become more and more aware of the significant risks posed by opioid painkillers.

The Florida Legislature is moving forward on a bill intended to reduce the medical malpractice liability of doctors practicing in the state. The legislation is troubling on multiple levels. First, it accomplishes its goal of shielding doctors from liability at the direct expense of wrongfully injured patients. Specifically, when a doctor negligently fails to order the necessary test or tests for a patient, the results can be catastrophic. A disease may go undetected in its early stages while it can still be controlled, and then once it is ultimately discovered, it is incurable. Under the new Florida legislation, an injured patient would have to show by “clear and convincing evidence” that the doctor was negligent in not going forward with additional tests. The standard of clear and convincing evidence is an unfairly high burden of proof to place on the injured patient. In many cases, the negligent doctor will prevail not because the patient’s case lacks merit, but because the patient possesses insufficient evidence to satisfy this particularly high burden. Thus, in its effort to make Florida “a great place to practice medicine,” the Florida Legislature has unjustly established significant obstacles to injured patients receiving the compensation that they deserve.

Second, the bill discourages doctors from ordering tests intended to detect serious illnesses such as cancer in advance. One of the primary goals of tort law is to incentivize safer conduct through damage awards. In the medical field, this goal is achieved by encouraging doctors to detect diseases early through exhaustive testing of patients. The Florida Legislature has frustrated this goal by narrowing the liability of doctors for negligently failing to order the proper tests. As previously mentioned, this change could have serious consequences as more diseases go undetected in earlier, treatable stages.

Third, the bill invades the privacy of patients. A provision of this bill allows doctors’ attorneys in medical malpractice cases to interview the other doctors of injured patients without the patients or the patients’ attorney being present. This is a blatant violation of the rights of injured patients. Without having a patient’s attorney present during these interview, defense attorneys will be able to delve into a patient’s health information that is entirely unrelated to the lawsuit. Not only does this provision disregard the privacy rights of injured patients, it gives defense attorneys an unfair advantage.

As a Chicago medical malpractice attorney, it saddens me to see how this legislation seems to attacks tort victims as the enemy. These people are not “out to get” doctors or trying to make a quick buck. They are only trying to receive appropriate compensation for their losses in order to put their lives back together. Unfortunately, the Florida Legislature is making a politically-motivated decision that will result in injustices for negligently injured patients and their families.

Continue reading "Florida Legislation Aims to Block Medical Malpractice Claims, Protect Negligent Doctors at the Expense of Patients" »

In an effort to limit medical errors, hospitals have increasingly turned to computers, smart phones, and other devices for instant access to medical data.

Unfortunately, this effort has resulted in doctors focusing on technology instead of their patients, which can be very problematic. Specifically troubling, doctors and nurses have admitted using smart phones to send texts or make personal phone calls during medical procedures.

This phenomenon of “distracted doctors” has prompted medical schools to begin emphasizing to students a need to make sure technology aids work instead of distracting from it. Unsurprisingly, young doctors, who have grown up constantly connected to technology, are the most commonly distracted by computers and smart phones at inappropriate times.

As a Chicago medical malpractice attorney, I feel that advancements in technology can certainly have a positive impact on the medical profession, such as by allowing instant access to patient data. Yet, at this point, the cost of the distractions caused by these gadgets may be far too great to justify the benefits.

The Chicago law firm of Hurley, McKenna & Mertz P.C. has filed a lawsuit against the County of Cook on behalf of the family of a woman whose body lay unidentified in the Cook County Medical Examiner’s Office for over fourteen [14] months.

The suit alleges that 47 year-old Carmelita Johnson went missing in Chicago in January of 2010. On April 10, 2010, Chicago Police Department officers discovered the body of Ms. Johnson on the Lake Michigan shore south of Rainbow Beach. Chicago Police transported Ms. Johnson’s body the same day to the morgue of the Cook County Medical Examiner’s Office.

Ms. Johnson’s family contacted the Cook County Medical examiner’s office weekly between January of 2010 and June of 2011, seeking information regarding their missing family member. However, employees of the Cook County Medical Examiner’s Office repeatedly told Ms. Johnson’s family over a fourteen month period that they did not have her body, even though her body was at the morgue. Further, morgue employees refused to allow the family to view the remains of unidentified bodies in the morgue, despite the fact that a body matching Ms. Johnson’s description was in the morgue but unidentified. Ultimately, the Cook County Medical Examiner’s office did nothing to identify Ms. Johnson’s remains until June of 2011, despite the family’s willingness to supply the office with dental records and tissue samples throughout that fourteen month period.

The Johnson family’s plight is highlighted by Cook County Board President Toni Preckwinkle’s recent admission that she was "disturbed and disappointed and discouraged," because the Cook County Medical Examiner's office has allowed hundreds of unidentified bodies to stack up in a crowded cooler.

"The manner in which the Cook County morgue and medical examiner’s office treated Ms. Johnson’s family raises serious questions about the County’s oversight of that office. Ms. Johnson’s family is looking for answers,” according to Christopher Hurley, one of the attorneys for the Johnson family.

The case is entitled Leslie Jackson, et al. v. County of Cook, Cook County Circuit Court No. 2012 L 001477. Questions regarding the case can be directed to Christopher Hurley at (312) 553-4900. Requests for copies of the Complaint at Law may be sent to cthurley@hurley-law.com.

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.