Chicago Medical Malpractice Lawyer Blog

Drug Regulators Warn about Risky Treatment for Multiple Sclerosis

2012-05-11T15:29:37Z

The FDA is warning individuals suffering from multiple sclerosis that an experimental treatment currently being used can cause death or serious injury. The procedure under scrutiny props open internal veins in the neck and chest using stents or balloon angioplasties. So far, two people have died from this procedure, one person has been permanently paralyzed, and others have suffered strokes and blood clots. The FDA is currently trying to determine how many people received this treatment and how many had complications as a result.

Multiple sclerosis affects around 2.5 million people worldwide and has no cure. It attacks the central nervous system and can lead to numbness, paralysis, and loss of vision. Medications presently being used by physicians can only slow the progression of the disease or prevent relapses. Thus, individuals suffering from this disease may be more willing to try experimental treatments.

As a medical malpractice attorney in Chicago, I would advise anyone considering an experimental treatment to make sure to gather as much information as possible about the treatment before deciding to go forward with it. Although experimental treatments offer an additional option for patients suffering from debilitating and life-threatening diseases that are difficult to treat, they also pose greater risks as potential complications from the treatments may not yet have been discovered. Therefore, patients should use the utmost caution when deciding whether to use an experimental treatment.

New Survey of Doctors Should Raise Eyebrows

2012-04-27T19:32:09Z

A survey of almost 2,000 doctors, recently published in Health Affairs, demonstrates a disturbing trend of doctors being dishonest toward their patients. First, 34% of the doctors surveyed said they do not think they should disclose medical errors to patients. In addition, 20% of the doctors admitted they did not disclose an error for fear of a medical malpractice claim. Finally, a stunning 55% of doctors said they often or sometimes describe a patient’s prognosis in a more positive manner than facts might support.

As a medical malpractice attorney, I find this survey very troubling. First and foremost, all patients have an unquestionable right to know everything within their doctor’s knowledge in regards to their own health. Patients rely on their doctors to be honest with them and have little or no chance of discovering a doctor’s dishonesty. If patients do somehow discover a doctor’s dishonesty, it is usually too late to fix any problems that the dishonesty intended to cover up. Therefore, for the sake of the wellbeing of patients, this dishonesty on the part of doctors is simply inexcusable.

Additionally, our legal system grants those wronged by negligent conduct a right to be made whole again at the expense of the wrongdoer. By failing to disclose a medical error in order to avoid malpractice claims, doctors are unjustly denying patients access to this right. Because of this, patients are forced to bear the significant expenses of medical error on their own, when, unbeknownst to the patients, their doctors were at fault. Although I know this survey does not represent the approach of all doctors, I hope it causes patients to be aware of the possibility that their doctors may be misleading them.

State Suspends License of Doctor Accused of Fondling Patient

2012-03-30T17:42:23Z

The Illinois Division of Professional Regulation has suspended a Crystal Lake doctor’s license for at least a year based on accusations that he repeatedly fondled a patient. A 19-year-old woman saw the doctor, a neurologist, on multiple occasions to receive treatment for migraine headaches, hyperventilation and dizzy spells. According to the patient, she complained of breast tenderness on one occasion and the doctor informed her that this was a side effect of the drug he prescribed her. Following this, the doctor touched her breasts on repeated visits. In addition, during her most recent visit, the patient stated that the doctor touched her vaginal area under her clothes. Although the patient assumed the doctor was doing what was medically necessary, there was no medical reason for such exams, according to an expert.

As a trial lawyer with extensive experience in both medical malpractice and sex abuse cases, I am concerned that many cases, similar to this one, go unreported. Because doctors enjoy a position of authority and trust, patients may be reluctant to report incidents such as this, thinking either that they will not be believed or that the conduct in question is medically necessary. While I am quite confident that the vast majority of doctors would never abuse their patients, it is unfortunate that abusive doctors have, for the most part, managed to avoid detection. I am hopeful that this case will demonstrate to abuse victims that they are not alone and that it is possible to bring their abusers to justice.

Arizona Senate Passes Law Banning ‘Wrongful Birth’ Lawsuits

2012-03-13T19:42:29Z

The Arizona Senate passed a bill last week that will prohibit “wrongful birth” lawsuits against doctors who withhold information from a mother during pregnancy about her child’s potential health issues that could influence her decision to continue the pregnancy. In a wrongful birth lawsuit, parents bring a medical malpractice claim against a doctor for failing to counsel them on the likelihood of their child being born with a physical or mental impairment when the parents would have either not conceived a child or terminated the pregnancy had they been aware of the impairment.

With the rapid growth of prenatal genetic testing, negligent counseling by doctors to parents has become increasingly common. When doctors fail to properly advise parents of their child’s disability, parents are forced to bear the tremendous emotional and financial strains that come with raising a severely disabled child. Because of this, parents who have been incorrectly or inadequately advised about their child’s potential disabilities deserve a legal remedy. Legislation like the bill passed in the Arizona Senate creates a safe haven for doctors who intentionally withhold information from expecting parents and doctors who negligently fail to inform expecting parents about their child’s potential disabilities.

One of the bill’s sponsored explained that she supported the bill because she did not want claimants to blame a doctor for a child born with disabilities. As an experienced medical malpractice attorney, I find it troubling how one of the politicians sponsoring this bill completely misunderstands what a “wrongful birth” lawsuit entails. The parents are not suing the doctor because they blame him or her for their child’s disability; instead, they are suing the doctor because he or she wrongfully deprived them of the choice of whether or not to have a child with a severe disability.

A politician who opposed the bill and is also a physician, argued that in many cases a woman needs to know of potential disabilities to prevent health problems that could kill her or the child during birth. Most importantly, he explained that a physician should never have the right to withhold information from a patient, as this is inconsistent with the Hippocratic Oath.

Study Links Popular Sleeping Pills Linked to Increased Likelihood of Death

2012-03-02T21:41:53Z

A new study by researchers at Scripps Health linked popular sleeping pills like Ambien and Restoril to a five-fold increased risk of death. The study tracked 10,000 sleeping pill users and 23,500 non-users between 2002 and 2006. Notably, about 1 percent of non-users died during that time period, while 6 percent of sleeping pill users died during that time. Also, heavy users and light users alike were at risk. People who took fewer than two pills monthly were still three times more likely to die than non-users.

In follow up studies, the researchers will examine causes of death in sleeping pill users in an effort to better understand the increased death rates. One researcher suggested that sleeping pill users can wake up in a “hangover” state, where they are at a higher risk for falls or car accidents, which may account for part of the increase. He also pointed to overdoses and drug interaction-related deaths as potential common causes of death.

The results of this study are particularly disturbing because sleeping pills are among the most widely prescribed medications in the United States. As a medical malpractice attorney, I expect doctors to proceed cautiously in prescribing these drugs until the concerns raised by this study can be fully addressed. I urge patients considering taking these popular sleeping pills to carefully discuss the risks of the drugs and any possible adverse interactions with their doctors.

The Growing Problem of Painkiller Abuse in the US

2012-02-24T22:52:48Z

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.

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

2012-02-16T18:58:59Z

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.

]]> Hurley, McKenna & Mertz specializes in all types of medical malpractice litigation. For more information or a free consultation please contact us online via our website or by phone at 312-553-4900.

Technology Leading to "Distracted Doctors"

2012-02-10T23:07:56Z

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.

Cook County Morgue Fails to Identify Body for 14 Months, Suit Alleges

2012-02-09T00:06:31Z

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.

Packaging Flaws Lead to Birth-Control Pill Recall

2012-02-02T18:17:38Z

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.

Catholic bishop hid evidence of priest's child pornography from parishioners.

2011-11-16T23:45:11Z

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.

State of Illinois ignores vast majority of patient complaints.

2011-11-15T20:07:48Z

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.

Penn State scandal reminds us that teachers/coaches--and churches--must report abuse.

2011-11-14T15:22:40Z

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.

Penn State Abuse Scandal Shows That Institutions Can’t Police Themselves

2011-11-14T14:53:59Z

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.

Penn State Abuse Scandal Reveals Same Pattern as Catholic Church Sexual Abuse

2011-11-11T22:35:13Z

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.