Posts Tagged ‘Chicago Medical Malpractice Attorney’

Medical Malpractice Tort Reform: Setting the Record Straight

Monday, May 24th, 2010

Medical malpractice lawsuits enable patients, and their families, who have been suffered significant, permanent injuries or death as a result of preventable medical errors, to receive compensation.  In 2008, more than 80 percent of malpractice payments went to victims who sustained quadriplegia, brain damage or death.  Passen Law Group’s top-rated Chicago medical malpractice lawyers are fighting to preserve the right of patients to access the civil justice system.

Unfortunately, as we saw during the federal health care reform debates, the powerful insurance lobby has pressed for medical liability “tort reform” — in other words, taking away the right to have a jury award compensation to malpractice victims.  Thankfully, organizations like Public Citizen, a nonprofit consumer advocacy organization, has been combating these scare tactics with actual facts.

The organization recently published a Fact Sheet regarding medical malpractice, and the impact of tort reform:

  • In 2009, a study by Hearst newspapers found that approximately 200,000 Americans die each year from preventable medical errors and hospital acquired infections
  • In 1999, the Institute of Medicine estimated that medical malpractice cost $17 billion to $29 billion annually for lost income, lost household production, disability and health care costs
  • Medical liability tort reform failed in Texas.  Since enacting in 2003: cost of diagnostic testing grown 50 percent faster than national average; cost of health insurance has more than doubled; growth of doctors per capita has slowed
  • Medical malpractice lawsuits are rare:  2008 saw the fewest number of medical malpractice payments since 1990.

Fortunately, medical liability “reform” was not implemented in this year’s federal health care reform law.  Not that this will stop the insurance lobbyists from continuing to push individual states to adopt such reform, or to attempt to re-introduce such measures at the federal level in coming years.

Each Chicago medical malpractice attorney at Passen Law Group understands the devastating impact medical negligence can have on the individual patient, and their families.  We believe malpractice litigation serves as a strong deterrent to the medical profession — to place patient safety at utmost importance — and to implement safe practices in their profession.  We will continue to fight against any efforts to “reform” the way patients seek justice for their injuries.

For a free consultation with a Chicago personal injury lawyer with Passen Law Group, call us at (312) 527-4500.

Hypoxia and Anoxia Brain Injury: Categories and Symptoms

Wednesday, March 17th, 2010

Today, our Chicago personal injury lawyers continue to explore nontraumatic brain injuries and, in particular, hypoxic-anoxic injuries (HAI).

As our Chicago brain injury attorneys explained yesterday, hypoxia occurs when the brain is deprived of adequate oxygen supply.  Anoxia occurs where there is complete deprivation of oxygen supply to the brain.  Either condition may result in catastrophic and permanent brain damage.

There are various categories of hypoxia, including:

  • Diffuse Cerebral Hypoxia:  Associated with low blood oxygen levels, it is the least serious and is rarely life-threatening (e.g. fainting).  However, this should still be taken very seriously, as the condition may worsen, or it may indicate a serious underlying problem.
  • Focal Cerebral Ischemia:  Reduction of oxygen specific to one area of the brain.  It is more serious, and can result in a stroke, but rarely results in death or brain damage.
  • Cerebral Infarction:  Extremely serious generalized issue in which no oxygen makes it way from the blood to the brain.  At this stage strokes and brain damage are common and irreversible.
  • Global Cerebral Ischemia:  The highest category, where the blood itself is cut off from the brain and which usually results in serious permanent brain damage or death.

The symptoms of hypoxic-anoxic injury are similar to those experienced by victims of traumatic brain injury (TBI).  They can include loss of consciousness or coma, a persistent vegetative state (conscious but unresponsive), memory loss, poor executive functioning (judgment, reasoning, information processing), anomia (difficulty with language or using words), visual functioning, ataxia (lack of coordination), apraxia (inability to perform common tasks), movement disorders (muscle spasms, involuntary movements, jerky movements, trembling), quadriparesis (weakness in the limbs), headaches, confusion, depression, personality changes, inability to concentrate, hallucinations, delusions and seizures.

HAI in newborns and children presents particular difficulties and challenges similar to TBI in children.  Because certain brain functions may not become implicated until later stages of development, brain damage from an HAI may not be discernible for many years.  Just a few of the more serious consequences associated with HAI and childbirth include hypoxic ischemic encephalopathy (HIE), brain damage, cerebral palsy, mental retardation and developmental delays.

Where HAI is caused by medical malpractice or negligence, you may have a legal cause of action.  In such instances, it is critical that all aspects of your case be thoroughly and comprehensively investigated by the most qualified specialists and professionals, and that you be represented by a dedicated and experienced Chicago brain injury attorney.

If you have a question or suspicion about your or a loved one’s brain injury, call for a free consultation with a top-rated Chicago brain injury lawyer at Passen Law Group today at (312) 527-4500.

Anoxic and Hypoxic Brain Injury

Tuesday, March 16th, 2010

hypoxic anoxic injury Anoxic and Hypoxic Brain InjuryThis week, our Chicago brain injury lawyers are exploring nontraumatic brain injuries.  The most common cause of nontraumatic brain injury is hypoxic or anoxic injury.  Also referred to as cerebral hypoxia or hypoxic-anoxic injury (HAI), the brain injury is extremely serious and life threatening.

HAI is caused by a lack of oxygen to the brain.  The brain, like all organs, requires oxygen to function normally.  Oxygen is used to metabolize glucose, which provides energy for all of the body’s cells.  Without energy, cells no longer function and eventually die.  Ninety percent of the brain’s energy is used to send electrochemical impulses and control neurotransmitters (the chemical messengers which transmit messages within the brain, and by which the brain regulates body functions and behavior).

Lack of oxygen interrupts these impulses, and interferes with the functioning of neurotransmitters.  As a result, if the brain is deprived of sufficient oxygen for even very short periods it begins to shut down, with brain cell death occurring in as little as five minutes.  The consequences of hypoxic or anoxic injury can be severe and permanent brain damage, strokes, and even death.

In technical terms, hypoxia and anoxia are distinguished by the amount of oxygen that reaches bodily tissue.  Hypoxic brain injuries are caused by an inadequate supply of oxygen to brain tissue, whereas anoxic brain injuries are caused by a total lack of oxygen to brain tissue.  Thus, when a lack of oxygen is immediately encountered, this is referred to as a hypoxic event.  Then when the brain is finally completely deprived of oxygen, this evolves into an anoxic event.  Though the events are technically different, in practice the terms are used interchangeably.

Hypoxic-ischemic encephalopathy (HIE) is a serious form of hypoxia, which is characterized by clinical and laboratory evidence of acute or subacute brain injury due to asphyxia (ie, hypoxia, acidosis).  This condition may arise during the birthing process caused by a lack of blood flow and oxygen to your baby, resulting in permanent brain damage to your child.

Catastrophic brain damage such as hypoxia, anoxia and hypoxic-ischemic encephalopathy occasionally arises in the context of medical malpractice, including obstetrical malpractice or negligence during the administration of anesthesia, which results in inadequate oxygen supply to the patient’s brain.  For more information about medical malpractice or wrongful death involving a serious brain injury, contact our Chicago medical malpractice attorneys today.

As with nontraumatic brain injuries generally, hypoxia-anoxia related brain injuries may be naturally caused.  However, they may also be the result of negligence or medical malpractice.  If you have questions about a HAI-related injury, contact a top-rated Chicago brain injury lawyer at Passen Law Group today at (312) 527-4500 for a Free Consultation.

Tort Reform Properlty Remains Out of Health Care Bills

Wednesday, February 24th, 2010

As President Obama and fellow democrats went back to the drawing board once again concerning health care reform, conservatives representing the insurance lobby raised calls for tort reform.  Fortunately for the hundreds of thousands of Americans seriously injured or killed each year by preventable medical errors, our Chicago medical malpractice attorneys are pleased to report that the President, and the Congressional majority, has not backed down from its stance that damage caps in medical malpractice cases have no place in health care reform legislation.

Proponents of tort reform say it will result in huge savings over the long haul. The Congressional Budget Office (CBO), that black hole of information, says savings from tort reform can be anywhere from $41 billion to $54 billion over a ten-year period.  Our Chicago medical malpractice lawyers note that this savings amounts to less than one percent of health care costs, at a time when overall health care costs are expected to increase by $2 trillion (with a “T”) in that same ten-year period.

So, tort reform may save Americans less than 1 percent of health care costs over a 10-year period.  But at what cost?  If doctors and medical providers have capped professional liability exposure, will that reduce the incentive to practice safer medicine?  How many more Americans will die or sustain catastrophic injuries caused by medical negligence as a result of capping liability exposure?  What is the cost in terms of damage to families whose lives have been ruined by preventable medical errors, who will not have the financial means to provide for themselves?

The CBO did not measure this cost.

Tort reform removes the ability for victims of negligence to lead as normal a life as possible while giving insurance companies a free pass to profit off the negligence of doctors, hospitals and other health care professionals.

Each Chicago medical malpractice attorney at Passen Law Group understands the devastating impact that medical malpractice can have on families.  Just as the Illinois Supreme Court recently held that damage caps are unconstitutional, we believe that any similar federal law is also unconstitutional.

There are specific factors that must be met in order to bring a medical malpractice case, and such cases also involve doctors, hospitals and insurance companies. The experienced Chicago injury lawyers of Passen Law have a thorough understanding of the factors, players and statutes of limitation.  We also understand that compensation must cover the costs of living with permanent disability, including past and future medical treatment, lost wages, loss of normal life, disfigurement, and past and future pain and suffering.

For a Free Consultation with a Chicago personal injury lawyer with Passen Law Group, call us at (312) 527-4500.

Congressman Murtha’s Death Caused By Medical Malpractice?

Monday, February 22nd, 2010

Murtha medical malpractice Congressman Murthas Death Caused By Medical Malpractice?Earlier this month, Rep. John Murtha (D-Pa) died from complications after having his gallbladder removed.  Soon after his death, speculation arose whether Congressman Murtha fell victim to medical negligence.  Our experienced Chicago medical malpractice lawyers discuss this issue below.

Gallbladder surgery is a relatively routine procedure.  Still, as with all surgeries, there is a risk of serious complications, including death.  It is important to distinguish a “bad result” from “malpractice.”  Only injuries caused by a doctor’s deviation from the appropriate standard of medical care is malpractice.

According to several news reports, Congressman Murtha first hospitalized with gallbladder problems in December, and underwent surgery on January 28 at the National Naval Hospital in Bethesda, Md.  He was discharged from the hospital following surgery, but was re-admitted two days later when complications developed.   According to various sources, Murtha’s surgeon inadvertently nicked his intestine while performing the laparoscopic gallbladder procedure.  The nick, or small cut, caused a serious infection to develop, which led to his death.

Congressman Murtha’s death has brought the issue of preventable medical errors back into the limelight as Congress returns to health care reform legislation.  Preventable medical errors, such as wrong-site surgeries, improper medication and delayed diagnosis of cancer, kill an estimated 98,000 people each year.  If you or a loved one has been seriously injured or killed while under the care of a medical professional, and you suspect medical negligence could have played a factor, contact a top-rated Chicago medical malpractice attorney at Passen Law today for a free consultation.

Since Murtha’s death, there has been much debate about whether or not the surgeons should have noticed the cut, taken appropriate steps to repair it, and then administered antibiotics to prevent infection and other complications. In other words, did Murtha die as a result of a preventable medical error?  Mr. Murtha’s family has time to decide whether or not to contact a wrongful death lawyer and pursue a negligence action arising out of his death.  It is possible that, behind the scenes, the insurance companies for the doctors and hospitals involved may be trying to resolve the matter without ever facing a lawsuits.  Such negotiations never become public record.

The death of such a prominent politician after undergoing a routine operation is a stark reminder that improved patient safety must be a key component of health care reform.   For a Free Consultation with an experienced Chicago medical malpractice lawyer at Passen Law Group’s, call us at 312-527-4500.