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Posts Tagged ‘Chicago Wrongful Death Lawyer’

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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.

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Posted in Birth Injury Law, Brain Injury Law, Medical Malpractice, Personal Injury Law, Wrongful Death | No Comments »

Study Questions Impact of Banning Cell Phone Usage While Driving

Monday, February 8th, 2010

distracted driver cell phone Study Questions Impact of Banning Cell Phone Usage While DrivingOur last week’s series on distracted driving and technology was interrupted by a discussion of the Illinois Supreme Court’s decision in Lebron v. Gottlieb, striking down damage caps in medical malpractice actions.  Our Chicago car accident attorneys will continue the series this week.

The premise behind banning texting or cell phone usage while driving is to prevent catastrophic motor vehicle accidents and wrongful death caused by distracted drivers.  On the heels of the new ban on texting while driving for truck and bus drivers, the Highway Loss Data Institute (HDLI), an affiliate of the Insurance Institute for Highway Safety (IIHS), released a study which raises doubt on the impact of such bans.  In short, the study found no drop in traffic crashes in three states, Connecticut, New York and California, as well as the District of Columbia, after those states banned drivers from using handheld cell phones while driving.

This study seems to conflict with previous research from IIHS showing that drivers using handheld cell phones are four times more likely to be involved in serious crashes.  According to Adrian Lund, president of IIHS and HLDI, the “key finding is that crashes aren’t going down where handheld phone use has been banned.”  He posits that crash rates may not have decreased because people switched to hands-free devices after handheld phones were banned, [and]we know that people talking hands-free are really not much safer than people talking handheld.”

At best, the study demonstrates that more research is needed. It only focused on crashes reported before and after bans on the use of hand-held phones. It did not look at other factors, such as the use of Bluetooth devices. Other research has demonstrated that using Bluetooth, or other hands-free methods, does little to prevent distracted driving. A driver still has to touch a button, speak or perform other visual, manual and cognitive functions that divert concentration.

The study should not been seen as a means to stop enacting laws to prevent distracted driving, but rather as evidence that further research is necessary.  Technology has become an integral part of every day life, so it is going to be important to enact more effective laws so the roads are safer for all.

Distracted driving that contributes to or causes a serious accident may constitute negligence. If you or a loved one has been seriously injured in a car accident caused by the negligence of another, contact Passen Law Group’s Chicago car accident attorneys at  (312) 527-4500 for a Free Consultation.

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Posted in Brain Injury Law, Bus Accident Law, Car Accident Law, Personal Injury Law, Truck Accident Law, Wrongful Death | No Comments »

Tort Reform is a ‘Distraction’ in Health Care Debate

Thursday, January 28th, 2010

As Congress continues to grapple with health care reform, many conservatives and lobbyists for the insurance industry have called for tort reform as a way to reduce the costs of health care.  However, nearly every independent health economist and legal expert who has studied the issue has found that tort reform would have virtually no impact on health care costs.  These findings come as no surprise to our Chicago wrongful death lawyers, who represent families that have lost their loved ones due to preventable medical errors, and who fight back against the powerful insurance lobby.

A recent article from the Washington Independent notes the “undercurrent” of complaints made by health insurance companies, hospitals and ideological conservatives that medical malpractice claims are out of control and a leading cause of rising health care cost.  Yet, the leading economists and legal experts have found that malpractice liability costs “are a small fraction of the spiraling costs of the U.S. health care system, and that the medical errors that malpractice liability tries to prevent are themselves a huge cost — both to the injured patients and to the health care system as a whole.”

Why, then, do some politicians backed by the insurance lobby claim that medical malpractice lawsuits are out of control and are a main cause of rising health care costs?  “It’s really just a distraction,” says Tom Baker, professor at the University of Pennsylvania Law School and author of “The Medical Malpractice Myth.”  Professor Baker notes that  “if you were to eliminate medical malpractice liability, even forgetting the negative consequences that would have for safety, accountability, and responsiveness, maybe we’d be talking about [a savings of] 1.5 percent of health care costs.  So we’re not talking about real money.”

Another Harvard professor of Law and Public Health, Michelle Mello, agrees.  “If you were to list the top five or ten things that you could do to bring down health care costs, [tort reform] would not be on the list.”

Our Chicago personal injury lawyers are proud to represent individuals and families whose lives have been forever impacted by the negligence or recklessness of others.  Call (312) 527-4500 for a Free Consultation with one of our attorneys.

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Posted in Birth Injury Law, Brain Injury Law, Medical Malpractice, Personal Injury Law, Wrongful Death | 1 Comment »

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