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.

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.

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.