Recently in Medical Malpractice Category

Failure to diagnosis maternal infection causes permanent brain injury to infant. 8-Year-Old Quadriplegic Awarded $29 Million in Medical Malpractice Case

November 8, 2011

Group B strep is a form of bacteria found normally in the gastrointestinal tract, vagina, and rectal region in 15%-45% of women. The majority of women with a Group B strep infection or GBS have no signs or symptoms. It typically has no complications for the carrier. If it is not detected an untreated in a pregnant woman the result could be catastrophic. It can be deadly or cause catastrophic injuries if passed to an infant during delivery. That is why routine screening for Group B Strep is recommended in pregnant woman. A Group B test should be administered prior to delivery. The diagnosis of GBS infection is can be made by a simple prenatal test at your physician's office. The treatment is a course of antibiotic therapy. If untreated and an infant contracts the infection they could suffer sepsis, pneumonia, brain injuries or death.

A federal judge in Chicago recently upheld a medical malpractice verdict to award the family of an 8-year-old quadriplegic $29 million. The court ruled that Christian Arroyo's cerebral palsy could have easily been prevented. It occurred as a result of doctors' negligence to identify a "B Strep" infection after birth. Christian was delivered at Northwestern Memorial Hospital, and was cared for by doctors from Chicago's Erie Family Health Center. Due to the physician's negligence in failure to detect the infection, Christian suffered severe and permanent brain injuries. It he had been diagnosed and treated as per the standard of care, it is likely that the brain injuries suffered would have been reduced.

GBS, typically poses no threat to its carrier, but can put unborn children at severe risk for serious infection (especially those born prematurely). "B Strep" is usually passed on while a baby is in the birth canal, and is the most common cause of life-threatening infections in newborns. Christian, who was born nearly a month premature exhibited many of the symptoms of having a GBS infection. Signs and symptoms of Group B Strep can include fever, respiratory problems, feeding difficulties and lethargy. According to Christian's lawyer, the boy had many signs and symptoms of the GBS infection.

This child's brain injuries were caused by a failure to diagnosis and treat a simple GBS infection. The mother could have been tested and treated. Or the infant's symptoms could have been identified by a health care provider at the hospital and treated. Either way a simple course of antibiotic therapy could have saved this child a life time of permanent injury.

As a Chicago medical malpractice lawyer, we have handled many cases that have involved both medical malpractice and personal injury claims for children. We have recovered millions of dollars in verdicts and settlements for victims. If your child or someone you know has suffered a birth injury it is important that the family contact an experienced personal injury attorney. You should choose an attorney that has experience and knowledge handling injuries to children.

Is 144 million enough to care for a brain injured child?

October 31, 2011

1281126__baby_boy__2.jpgThe birth if a child is one of the most anticipated events in a couple's life. Months of anticipation are spent planning for the arrival of the new baby. Parents are spending days getting a nursery ready. Or perhaps, they are reading books on childcare and safety? Many expectant parents are deciding upon the perfect name for their new baby. The day finally arrives, you are at the hospital. In a few hours your new child, will enter the world. Then something goes tragically wrong, during the course of the labor and delivery. What was expected to be a joyous moment has turned into a tragic event. The newborn has suffered a birth injury? How could this have happened? I was delivering at a well-known hospital.

As an Illinois birth injury attorney, I know that these tragic events occur every day in hospitals across Illinois. When an infant is injured as the result of a health care provider's negligence, this is considered medical malpractice. Just this week a jury awarded a Michigan family 144 million dollars in a birth injury law suit filed against Beaumont Hospital and the delivering health care providers. The suit alleged that the infant's weight of 10 lbs. 12 oz. should have been detected during labor. Instead of the infant being delivered vaginally a caesarean section should have been performed. The health care provider's failure to perform the c/s, caused permanent injuries to the child. The infant suffered several birth related injuries. It is reported in the lawsuit the infant suffered a fractured clavicle and severe brain trauma.

An infant with a birth injury, such as a brain injury many times will require long-term medical treatment, his or her disabilities may be permanent. The cost of medical care and rehabilitation can be expensive. A birth injury to an infant and the impact on the family is devastating. Nemeroff Law Offices handles a variety of birth injury claims for clients located in throughout the Illinois region.

Let's take a look at some of the injuries that can result:
• Traumatic brain injury
• Shoulder dystocia/Erb's Palsy/ Brachial plexus palsy injuries
• Breech presentation birth complications
• Cerebral Palsy
• Fractured bones
• Fetal death
• Other related birth

The attorney for the hospital claims that the severe brain injury is the result of a genetically related condition. Beaumont Hospital and the health care providers will appeal this verdict. The child at the center of this lawsuit is 15 yrs. old. The lawsuit was filed on her behalf in 2006. The 15 yr old child requires 24 hour care. Many may think that a 144 million dollar verdict is a huge amount of money. This settlement will go towards lifelong custodial care for this child.

If you have ever been in the hospital recently, look at your bill. A brief hospitalization, costs the average consumer thousands of dollars. Imagine a life filled with physician visits, hospital stays, and long term care. This child suffered the loss of normal life due to the negligence of her health care providers.


The malpractice database is back

September 2, 2011

1314903_medical_doctor.jpgAs consumers we make informed decisions on home, car, furniture and appliance purchases. Shouldn't consumers be allowed to make informed decisions on selecting a health care provider?

In a major victory for Illinois patients and advocates for patients' rights, the Illinois Patients' Right to Know Act has was signed by Governor Pat Quinn. The Patients' Right to Know Act will allow patients to access information on your physician. It is an online database on all physicians licensed to practice medicine in Illinois. The information that can be obtained is to check whether a doctor has been convicted of a crime, terminated, or made a payment due to medical malpractice (whether due to a judgment or a settlement) in the past five years.

There are all types of consumer portals to find information on just about every service that you someone can provide you. Why not on physicians? Yes, we are consumers, when it comes to health care. Why does the general public not consider themselves a consumer, when we are selecting a health care provider? After all, we are paying them for their services. The very persons that can make life or death decisions regarding our health care. We as consumers of healthcare should be allowed to make educated decisions regarding the health care provider we choose. It's been a long time coming
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State Rep. Mary Flowers (D-Chicago) has been working on passing this act for over 10 years. The Illinois Patient Right to Know Act, will allow consumers can find out if their doctor has been fired, convicted of a crime or has made a medical malpractice payment during the past five years. Currently, the only information a consumer can access on a physician is whether the Department of Financial and Professional Regulation has disciplined a physician. Gov. Pat Quinn signed a revised bill into law this month. When the bill becomes law, the Department of Financial and Professional Regulation will integrate the information into a database. It will be posted on the Department's website, idfpr.com.

Consumers will have online access to doctor profiles. The profiles will share a plethora of information. The most vital piece of information, that is critical to the decision of selecting a physician or healthcare provider, is whether the provider has committed medical malpractice, judgments or settlements involving the doctor during the past five years. The other information is non-vital statics such as the medical school attended, specialty board certifications, years of practice, and office locations.

According to Chicago medical malpractice and injury attorney David Nemeroff, a consumer should be empowered to make an informed decision regarding their health care provider. They should be able to view a physician's record of proven competence and professional achievement. It is estimated that over 90,000 Americans die every year due to medical mistakes of healthcare providers.

To make an informed decision, a patient needs to be able to easily find key information about his doctor. The Physicians Profile will be loaded with data within two months and posted again at www.idfpr.com

Source:
Welcome back, Malpractice data base, Southtown Suntimes, September 2, 2011
http://southtownstar.suntimes.com/opinions/7408790-474/welcome-back-malpractice-database.html