Chicago Personal Injury Lawyer - Medical Malpractice

Cough Syrup Sends Children to Hospital

Jamie G. Goldstein — Mon, 28 Jan 2008 16:35:27 GMT

It is not uncommon for children to wind up in the emergency room after ingesting too much cough syrup. In fact each year it is estimated that approximately 7,000 children end up in the emergency room after receiving too much cough medicine. The CDC has recently posted warnings about the dangers of giving children under 2 cough medicine.

Most of the children sent to the emergency room after ingesting cough medicine are under 2 years of age. Many of these children are often told the medicine is candy and are encouraged to take it, however, the CDC warns that this message confuses children and may cause them to take the medication on their own if they come in contact with it. It should be made clear to children that they are taking medication to make them feel better and not candy.

If you believe your child has become sick as a result of ingesting too much medication you should contact your physician immediately. Many times children become sick as a result of too much medication, but there are times the dosages are improper for young children. If your child has become sick after ingesting the proper amount of medication whether it is cough medicine or other medication, contact an attorney to learn your legal rights. You may be able to take action against the prescribing doctor or the manufacturer of the prescription drug.

Originally posted at InjuryBoard by Jamie G. Goldstein

Failure to Diagnose Breast Cancer Leads to Malpractice in Chicago

Jamie G. Goldstein — Fri, 14 Dec 2007 14:21:11 GMT

Two lawsuits have been filed against Stroger Hospital in Chicago, Illinois claiming the hospital failed to timely diagnose breast cancer. One woman, Bobbie Jean Melton, died from breast cancer earlier this year. Her cancer was not detected in a mammogram, and when it finally was detected it was stage four and had metastasized to her lungs and liver.

Christine Moore also filed a claim against Stroger Hospital after her breast cancer was not detected. She was finally diagnosed after continued complaints with stage three breast cancer.

Both women should have been diagnosed at earlier stages, which would have increased their chances of survival. Because of a failure on the part of the hospital Bobbie Jean Melton lost her life and Christine Moore is fighting for hers.

When a person does not receive proper treatment or a doctor or hospital does not render the right diagnose the doctor and/or hospital should be held accountable. There were signs and symptoms that these women had that should have been recognized but were not. It is now Melton's family's right and Moore's right to take legal action against the hospital for the pain and suffering and problems that are now occurring as a result of the hospital's failures, as well as for the loss of Bobbie Jean Melton's life.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Jamie G. Goldstein

Illinois Medical Malpractice Caps Soon To Be Challenged

Jamie G. Goldstein — Tue, 04 Sep 2007 16:24:12 GMT

Illinois passed medical malpractice legislation two years ago that limited the amount a person could recover for pain and suffering in a medical malpractice lawsuit. There have been no challenges to date because only cases filed since the change would be affected and most of these lawsuits have not gone to trial, but this is about to change.

A lawsuit filed in Cook County by Jeffrey Goldberg on behalf of a family whose child suffered severe brain damage at birth, will challenge the caps and argue the limits do not allow for sufficient recovery.

The caps that were signed into law two years ago state that a person cannot recover non-economic damages beyond $500,000 from a doctor and $1 million from a hospital. People who are pro-tort reform argue that this change in the law has brought insurance premiums down and brought doctors back to Illinois. While premiums may have decreased, it has nothing to do with lower verdicts. These caps were passed two years ago, which means they only affect cases that were filed after the governor signed the law. Most of those cases have not gone to trial yet so verdicts paid to plaintiffs have not taken into consideration these caps.

Insurance companies are the cause of increased premiums, not large verdicts. Victims of medical negligence should not have to pay for their doctors mistakes. Hopefully, in the near future Jeffrey Goldberg's case will help to overturn the current Illinois medical malpractice caps.

For more information on this subject matter, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Jamie G. Goldstein

Lap Band Procedure on Louisiana Child Causes Pancreatitis

Jamie G. Goldstein — Wed, 15 Aug 2007 18:32:19 GMT

A young Louisiana child had lap band surgery to help her reduce her body weight. The obese child went into surgery on June 24, 2005 and had reoccurring complaints shortly after the surgery. She returned to Dr. Felix Spiegel's office on several occasions complaining of problems keeping certain foods down, abdominal pain and a choking sensation. The daughter of Warren and Melissa Strother was never seen by Dr. Spiegel and instead had her lap band adjusted and was told to return if her symptoms persisted.

The Strother's daughter became so ill she was rushed to the hospital where the doctor's discovered her lap band had migrated. It was determined she had a concentric constrictor around the esophagus. She was also suffering from necrotic tissue development. The girl developed pancreatitis as a result of the failed procedure.

The Strother's parents have brought a medical malpractice lawsuit against Dr. Spiegel for his negligent care of their daughter. The Strother's and their daughter may be able to recover for their daughter's past and future medical bills as a result of the failed procedure. They can also recover for any pain and suffering as a result of the failed procedure and any future limitations she may now have.

Originally posted at InjuryBoard by Jamie G. Goldstein

$3 Million Medical Malpractice Verdict Paid

Jamie G. Goldstein — Wed, 15 Aug 2007 18:17:30 GMT

Paul Montgomery had surgery on his legs in 1998, which was not done properly and caused him to lose a leg. Montgomery underwent femoral bypass surgery on his legs and afterward had repeated problems. His right leg eventually had to be amputated because of all the problems that were occurring.

The jury found Montgomery's doctor, Dr. Mark McCoy, was negligent when he performed the surgery on Montgomery's leg and awarded him $3 million. During the trial several doctors testified against Dr. McCoy, some of those doctors were McCoy's own former partners.

Many doctors may say that $3 million is an excessive amount to be awarded but how can they argue when their own colleagues and Dr. McCoy's own partners testified against him? Montgomery lost his leg and deserves the money the jury awarded him. Large medical malpracrice awards are often scrutinized by tort reformers, but the truth is that the jury heard the entire story and made a decision. Those on the outside of the courtroom should not pass judgment until they know all the facts.

For more information on this subject, please review our section on Medical Malpractice.

Originally posted at InjuryBoard by Jamie G. Goldstein

Jury Awards $2.5 Million After Surgeon Botches Cyst Removal

Jamie G. Goldstein — Thu, 02 Aug 2007 09:47:42 GMT

James Van Buren brought a lawsuit against his surgeon after his cyst removal surgery went very wrong. During the surgery, Dr. Sian Evans was attempting to drain the infected cyst and instead cut Van Buren's sphincter muscle. This caused Van Buren to lose control of his bowels.

James Van Buren who is now 43 years old must wear diapers for the rest of his life as a result of the botched surgery. The defendant has the right to ask the judge to reduce the award to $250,000 based on an outdated law. Van Buren's lawyer says if the award is reduced he will appeal the decision. The law limiting the recovery was created in the 1970s.

For more information on this subject, please refer to our section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Jamie G. Goldstein

Medical Malpractice Lawsuits Not The Cause Of Rate Increases

Jamie G. Goldstein — Wed, 01 Aug 2007 09:26:33 GMT

Doctors and tort reformers continue to wage a propaganda war about the cost of medical malpractice premiums increasing because of outrageous medical malpractice awards. The real reason premiums are on the rise in some states, however, is what they are hiding from you. Research shows that lawsuits and jury awards are not causing the premiums to rise.

In New York recent headlines complained of 14% rate increases in medical malpractice insurance premiums. Immediately tort reformers blamed lawyers and said they were the reason the costs were sky rocketing. A little research, however, tells a different story.

The truth is that in the past New York's rate increases were artificially low so the state had to do something to set the rates at their proper place. The reason the rates were so low was because the New York state government was not doing there job properly in maintaining high enough rates. They were also raiding the fund from time to time.

A little more research showed that medical malpractice cases did not contribute to the increase. The facts are cases in New York remain at a static number and payouts are keeping pace with health care costs. The research also showed that the story about doctors fleeing the state because of high premiums was not true either.

It's time the public hear the truth about why doctors' premiums are increasing and lawyers and patient victims stop taking the blame.

For more information on this subject, please refer to our section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Jamie G. Goldstein

Family Awarded $35.3 Million After Father's/Husband's Death

Jamie G. Goldstein — Mon, 30 Jul 2007 17:19:57 GMT

A jury awarded the family of Danny Oppenheim Jr. $35.3 million. Danny Oppenheim died after his doctors failed to properly monitor him during surgery. While he was under anesthesia he was not receiving the proper amount of oxygen. The lack of oxygen caused brain damage and eventually Oppenheim's death.

The two doctors, Aeneas Guiney and Robert Wolf have had other patients become severally ill under there watch and at least one other patient die. Their licenses were suspended in November 2006 after a second patient in their care died.

This lawsuit is an example of why doctors need to be held accountable for their actions. They should not be allowed to hide behind state imposed caps on damages. The family of Danny Oppenheim deserves what the jury found adequate to award them. They, as well as other families, should not have to worry about state imposed caps on damages. Juries are given the job of determining what a person or family deserves to be compensated, and their determinations should not be disturbed.

For more information on this subject, please refer to our section on Wrongful Death.

Originally posted at InjuryBoard by Jamie G. Goldstein

Florida Family Awarded $21 Million in Wrongful Birth

Jamie G. Goldstein — Tue, 24 Jul 2007 15:56:06 GMT

A jury awarded a Florida couple $21 million after it found the doctor 90% negligent in misdiagnosing the child's birth defect. Dr. Boris Kousseff failed to diagnose Daniel and Amara Estrada's first son with a genetic disorder, Smith-Lemil-Opitz syndrome, which severely limits his ability to live a normal life. The doctor's failure to diagnose the first child caused him to tell the Estrada's that they would be able to have a second child without the disorder.

Because the Estrada's were unaware of the genetic disorder they became pregnant and gave birth to a second child with the same genetic disorder as the first child. Now both children have to live there lives with constant care and attention. The jury awarded the family $21 million, which includes funds to care for the second child, however, Florida has caps on the amount a government agency can be forced to pay out for a claim against it. If the caps stay in place the Estrada's will only be able to recover a mere $200,000, clearly insufficient money to cover care for their child.

The Estrada's lawyer will now push lawmakers to change the law and allow the Estrada's to recover the money they rightfully deserve. Allowing these and other caps keeps those at fault from being held accountable and it's time to stop allowing them to hide behind these caps.

Originally posted at InjuryBoard by Jamie G. Goldstein

Once An Advocate For Tort Reform Now Suing For Punitive Damages

Jamie G. Goldstein — Tue, 12 Jun 2007 12:41:57 GMT

A lawsuit was recently filed on behalf of Judge Robert Bork against the Yale Club of New York City. Bork a leading advocate in the tort reform movement and has pushed to limit plaintiff damages on numerous occasions. He is now in the plaintiff's seat and seeking $1 million in compensatory damages, plus punitive damages. Bork filed the lawsuit after he fell at the Yale Club just prior to giving a scheduled speech.

It is quite interesting how the conservative movement pushes and pushes for medical malpractice caps and tort reform, but when one of these tort reform advocates suffers an injury they have no problem asking for excessive damages. A person should only ask for punitive damages when there has been willful, wanton and reckless behavior on the part of the defendant. Clearly this man tripped and fell and no one willfully and wantonly caused this accident. In fact, Bork may have only himself to blame if it is found that what he tripped on was an open and obvious danger.

Originally posted at InjuryBoard by Jamie G. Goldstein