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Medical Malpractice Blog

Could you have to pay for a medical mistake?

Thursday, March 6th, 2008 by Dawn Mefford

In an online MSNBC story from February 29, (which can be read in full here) reporters found that more hospitals are crafting lists of mistakes that “should never have happened” for which they are not charging patients and insurance companies. 
The change hasn’t come fast enough for two people interviewed by MSNBC.  Kevin Baccam, of Urbandale, […]

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Medtronic Heart Defibrillators Recalled

Thursday, November 15th, 2007 by Amy Gunn

Minnesota-based Medtronic Inc. has recalled its heart defibrillators because of design problems with the electronic wires known as Sprintfedelis leads that connect the defibrillators to the patients’ hearts.  The Medtronic defibrillators were implanted in more than a quarter-million patients.  The wires can fracture causing them to malfunction.  At least five deaths have been alleged to […]

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Illinois Law Placing Caps on Noneconomic Damages Declared Unconstitutional

Thursday, November 15th, 2007 by Amy Gunn

On November 13, 2007, Cook County Circuit Court Judge Diane Larsen held that noneconomic awards in medical negligence cases violated the Illinois Constitution’s “separation of powers” clause.  This decision follows a 1997 Illinois Supreme Court case that rejected caps on personal injury awards placed by the legislature in 1995.  Judge Larsen’s decision is expected to […]

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Last week, oral arguments took place regarding the Constitutionality of medical malpractice caps for non-economic damages in Illinois

Tuesday, September 25th, 2007 by Dawn Mefford

On September 17, 2007, oral arguments took place in the Circuit Court for Cook County, Illinois regarding the constitutionality of the medical malpractice caps on non-economic damages passed by the Illinois legislature in 2005.  This case, involving the negligent care rendered to infant Abigail Lebron and her mother, is the first to test the constitutionality […]

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Illinois Appellate Court affirms jury verdict for negligent delivery and death of newborn.

Monday, September 10th, 2007 by Dawn Mefford

On August 2, an Illinois Appellate Court affirmed a jury verdict of $1.75 million for the negligent medical treatment and ultimate death of a newborn. At trial, the plaintiff alleged that her doctors negligently failed to diagnose Group B streptococcus (GB S) infection as well as macrosomia (significantly overgrown fetus).  Defendants failed to perform the […]

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Illinois courts will soon review legislative control of jury awards in medical malpractice cases

Wednesday, September 5th, 2007 by Dawn Mefford

A little over two years ago, Illinois legislators passed a law that effectively said that the pain, suffering, and other noneconomic damages suffered by a patient and her family at the hands of a negligent physician can never be valued by a jury at more than $500,000.  If the wrongdoer is a hospital, then the […]

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A Quick Prediction about Arbitration Clauses

Wednesday, July 25th, 2007 by John Campbell

I recently wrote a post about how arbitration clauses, in which companies ask people to waive their right to go to court, are becoming more common in everyday transactions.  After that post, a colleague provided me with an arbitration clause being used in St. Louis by Washington University on behalf of its doctors, nurses and […]

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Changes in Madison County Medical Malpractice Rules

Tuesday, July 3rd, 2007 by Amy Gunn

Beginning on June 18, 2007, all medical malpractice filed in Madison County, Illinois will be reviewed by a panel of circuit judges who will refer appropriate cases for mandatory mediation.  The new court rules were formulated by members of the Third Judicial Circuit’s Medical-Legal Committee, composed of judges and committee members met with both plaintiff […]

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Hospital settles with family for diabetes-related death

Wednesday, June 13th, 2007 by John Simon

It wasn’t the car crash that killed Virginia Viviano, her family claimed, it was the hospital’s failure to manage and treat her diabetes that proved fatal. That claim, filed against a St. Louis County hospital by Viviano’s children, was settled for a confidential amount. (Beleck, et al. v. St. John’s Mercy Health System, et al.)
On […]

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Patient who suffered brain damage during heart bypass surgery settles suit

Monday, June 11th, 2007 by Jim Lemonds

A man who suffered brain damage during heart bypass surgery settled his lawsuit against a St. Louis hospital and the perfusionist monitoring his red blood cell level during the operation. (Prott v. St. John’s Mercy, et al.)
On March 26, 2003, Craig Prott, 48, underwent heart bypass surgery at St. John’s Mercy Medical Center to replace […]

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Medical negligence suit settled - elective thoracotomy

Wednesday, May 23rd, 2007 by admin

Moton v. Anesthesia Partners, Ltd. - On Nov. 13, 2000, Robert Moton, Sr. died after undergoing an unsuccessful elective thoracotomy to remove a benign tumor from his right lung, leading to a malpractice suit by his family.  They were represented by Simon Passanante of St. Louis, Missouri. 
Moton’s oxygen levels had dropped dramatically and he went into […]

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