Posts Tagged ‘medical negligence attorney’

Recommendations to Prevent Doctor Fatigue, Improve Patient Safety

Thursday, February 18th, 2010

doctor fatigue malpractice 219x300 Recommendations to Prevent Doctor Fatigue, Improve Patient SafetyFatigue is an issue that affects many professionals, including airline pilots, commercial tractor-trailer truck drivers and bus drivers.   Indeed, our Chicago truck accident lawyers have represented families of those killed when their vehicles were struck by tractor-trailers whose drivers had either fallen asleep or were fatigued — as evidence by driver violations of hours of service  safety regulations.

Although transportation industry-related professions have received most of the attention from regulators concerning fatigue prevention, and with good cause, the effect of fatigue on doctors and medical professionals is moving to the forefront of patient safety.  Doctor fatigue is one potential cause of patients becoming permanently injured or killed by medical malpractice.

Earlier this month, a coalition of public safety and public interest groups, including Public Citizen and Mothers Against Medical Errors, launched WakeUpDoctor.org as part of its “campaign to increase public awareness and gather stories about patients who have received inferior medical care from fatigued physicians.” The campaign is an effort to make give voice to patients who have suffered preventable medical errors while under the care of a doctor suffering from fatigue.

Serious medical error caused by physician fatigue may be actionable negligence. If you suspect a permanent injury or death was caused by medical negligence, contact the Chicago medical malpractice attorneys of Passen Law Group today at (312) 527-4500 for a Free Consultation.

The Accreditation Council on Graduate Medical Education (ACGME), the organization responsible for regulating residency training programs, is set to come out with new guidelines this year on safer work hours and better supervision. The forthcoming guidelines are in response to December of 2008 Institute of Medicine (IOM) report titled “Resident Duty Hours: Enhancing Sleep, Supervision, and Safety.”

The report focused on residents, who are doctors-in-training. Residency programs last from three to five years, during which resident doctors work shifts of 24-30 consecutive hours, then a 12-hour shift followed by another 24-30 hour shift. And 24-30 consecutive hour shifts are often scheduled ten times a month. Such scheduling leaves little room for residents to sleep, leading to fatigue and otherwise preventable medical errors.

The report made a series of recommendations, including:

•    Defined off-duty periods between shifts based on the timing and duration of shifts
•    Increase number of mandatory days off
•    Restrict medical moonlighting by residents during their off-hours

Stricter reporting rules were also recommended, such as more frequent and unannounced visits to check for compliance.

For a Free Consultation with one of our Chicago medical negligence lawyers, call Passen Law Group at (312) 527-4500.

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Proposed Health Care Reform Leaves Medical Malpractice Liability to States

Saturday, January 2nd, 2010

congress health care reform 300x168 Proposed Health Care Reform Leaves Medical Malpractice Liability to StatesThe nation breathed a sigh of relief as the Senate passed its version of the health care reform bill before the holiday break, bringing sweeping changes one step closer to reality.  Fortunately, for the sake of past and future victims of medical malpractice, the proposed national health care reform will not contain draconian “tort reform” measures.

Despite strong lobbying from the insurance industry, both the Senate and House versions of the health reform bills do not include damage caps for medical malpractice actions, or other severe forms of medical liability reform.  Instead, medical malpractice litigation is left to the individual states’ civil justice system, and the right for a jury to determine what is fair compensation on a case-by-case basis in medical malpractice lawsuits.

The Senate’s bill does provide money towards “state demonstration programs” aimed at evaluating  alternatives to the current system of medical tort litigation.  Our Chicago medical malpractice lawyers continue to place our faith in a jury of one’s peers to determine what is fair and reasonable compensation for victims of medical negligence.

Under the Senate’s bill, states wishing to set up such demonstration programs must meet specific criteria to receive funding, including:
•    Encouraging disclosure of health care errors
•    Encouraging collection and analysis of patient safety data related to health care disputes
•    Increasing availability of “prompt and fair resolution” of disputes
•    Allowing patients to “opt out or voluntarily withdraw” from the alternative program at any time

It remains to be seen  what, if any, medical liability reform measures will be included in the final bill sent to President Obama for his signature, including the nature of the “state demonstration program” effort. The hope of medical injury attorneys and their client victims is that any significant tort reform measures will remain absent, or will be more focused at addressing careless and reckless behavior of health care professionals, rather than limiting patient rights.

Medical errors can cause serious, permanent injury or death. Just because an injury occurred as a result of a medical procedure, however, does not mean that medical negligence occurred.  Specific criteria must be met in order for a medical malpractice case to be brought.  An experienced medical malpractice attorney can help you determine whether malpractice occurred and, if so, ensure you are compensated to the full extent permissible under the law.

For a Free Consultation with one of our top injury attorneys, call Passen Law Group today at (312) 527-4500.

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Illinois Supreme Court to Rule on Medical Malpractice Damage Caps

Tuesday, December 15th, 2009

This Thursday, the Illinois Supreme Court will release its highly-anticipated opinion in Lebron v. Gottlieb Memorial Hospital, a case arising out of the constitutionality of caps on “non-economic” or “non-liquidated” damages in medical malpractice actions.  Top Illinois medical malpractice lawyers, who represent individuals and families of those who were permanently injured or killed by preventable medical errors, hope the Supreme Court will strike down such caps as unconstitutional.

In 2005, the Illinois legislature passed the Medical Malpractice Act of 2005, which capped non-economic damages such as pain and suffering to $500,000 for doctors and $1 million for hospitals.  Abigaile Lebron challenged the Act as unconstitutional.

Abigaile is a three-year-old girl who sustained severe and permanent brain damage as a result of medical negligence.  She will never achieve normal cognitive or physical development; she will have to be fed through a tube for the rest of her life; and she will likely never live independently.  Under the Medical Malpractice Act, her potential recovery in her medical malpractice action is capped at an arbitrary limit.

In 2007, a Cook County circuit court ruled that the caps were, indeed, unconstitutional.  Hopefully, for the sake of those injured or killed by medical negligence, the Supreme Court will strike down these arbitrary damage caps as unconstitutional.  To speak with a top Chicago medical malpractice attorney at Passen Law Group, call us at (312) 527-4500 for a Free Consultation.

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