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Statute of Limitations vs. Statute of Repose in Illinois Malpractice Cases
An Illinois appeals court has ruled that families of plaintiffs who die with a pending medical malpractice lawsuit can add a wrongful death claim to the lawsuit. As one might expect, such an addition is possible if the death is alleged to be related to the action in question in the original malpractice suit.
The case was heard by the three-judge panel, and involved an Illinois woman who was being treated at the University of Chicago Medical Center and several of its affiliates, as well as two other medical centers, between the years 2007 through July 2009. In 2011, the woman filed a lawsuit against all parties, alleging that they failed to diagnose her condition as central nervous system lymphoma. The filing of the lawsuit was within the two-year statute of limitations, as well as the four-year statute of repose required by the state of Illinois.
Filing Limitations
Study: Medical Errors Now Third Leading Cause of Death in U.S.
In 1999, the medical community was rocked by a report prepared by Institute of Medicine which classified the problem of medical errors as an epidemic. That report concluded that approximately 95,000 people died each year from preventable medical mistakes. The annual cost to medical facilities was determined to be between $17 billion and $29 billion. Although the Institute of Medicine’s report inspired much debate over the years regarding what could be done to protect patients, a new report – prepared by researchers from John Hopkins University - found that the medical community may not have had too much success and preventable medical errors are now the third leading cause of death in this country.
Unlike the 1999 report, which only used data from one study, the new report used information collected from four major studies. Two of these studies were from the Agency for Healthcare Research and Quality and the Agency for Healthcare Research and Quality, during the years 2000 to 2008.
Illinois Passes Gabby’s Law Regarding Sepsis
Illinois Governor Bruce Rauner has signed a new law which will require hospitals to take a more proactive approach to recognizing and treating patients who develop sepsis. When a person comes down with an infection, the body can sometimes have a “toxic response” to that infection. Such a response is known as sepsis.
Senate Bill 2403, also known as Gabby’s Law, reads in part:
“Each hospital shall adopt evidence-based protocols for the early recognition and treatment of patients with sepsis, severe sepsis, or septic shock that are based on generally accepted standards of care. It requires the protocols contain certain components, including those specific to identifying and treating adults and children.”
The Need for Action
According to the Centers for Disease Control and Prevention (CDC), more than 1.5 million people develop sepsis. It is responsible for the deaths of almost 260,000 people every year in this country. It has been ranked as the ninth-leading cause of deaths caused by disease, killing more people than AIDS, breast cancer, and prostate cancer combined.
Birth Injuries and Birth Defects: Who Is Responsible?
One of the most exciting times in a couple’s life is when they are expecting a child. Picking out a name, decorating the nursery, picking out baby clothes – all the planning that must be done to prepare for the baby’s arrival. Whether it is a couple’s first baby or their fourth, there is often some apprehension and worry over whether or not the baby will be okay, but there is also usually confidence that the doctor and medical staff will do everything to ensure a safe delivery and a healthy baby.
Tragically, that is not always the case and there are many babies who are born with serious medical conditions or injuries – or even more tragically – do not survive those injuries. When this happens, how do the bereaved parents know if it was something that the doctor had no control over or if the injury or issue was in fact caused by something the doctor did or failed to do? Was it a birth defect or a birth injury?
FDA Warns of Link Between Breast Implants and Cancer
A new statement from the Food and Drug Administration (FDA) is warning women of a link between breast implants and a certain type of cancer. According to national statistics, approximately 300,000 women receive breast implants each year, making the surgery one of the most popular plastic surgery procedures in the country.
According to the warning issued by the FDA, as of February 1, 2017, they had received 359 reports of anaplastic large cell lymphoma (ALCL), which is cancer of the immune system, that were linked to breast implants. In nine of the reports, the women had died. The majority of the reported cancers—203—were women who had been implanted with textured implants. The other 28 women had received smooth implants.
The FDA also reported that 312 of the reports specified what type of fill was used in the implants of the women who developed ALCL. Silicone gel was used in 186 of the reports and saline was used in 126 of the reports.
What Information Should be Provided for Medical Malpractice?
Medical doctors are almost always very good at identifying key medical problems and getting them resolved as quickly as possible. These doctors have studied for decades to perfect this art. In order to be a good doctor, one has to take all coursework very seriously. There have been far too many cases in which doctors may have misdiagnosed medical problems or even prescribed the wrong medication to their patients, therefore causing unwanted results, including serious injury and death.
What to Do if Affected by Medical Malpractice
When addressed in court, the person affected will likely need to confirm his or her personal information, including full name, any previous names, current residence address, and date of birth.
The affected person will also need to describe the acts of the medical doctor, including specific diagnosis, procedures, tests, and treatments claimed to have caused the injuries. He or she will need to provide the dates of such acts, name and address of each witness, name and address of each knowing individual, and location of hospital and other medical records reflecting such acts.
How to Avoid a Potential Medical Malpractice Case
Being affected by a medical malpractice case does not only affect you; the misdiagnosis negatively affects the doctor and his or her medical career. Every year, medical malpractice has killed over 200,000 patients in the United States. To potentially prevent a medical malpractice case from ever occurring, there are ways to establish a good relationship with your doctor.
Making the Right Medical Diagnosis
To make sure that a person avoids as many medical malpractice cases as possible, it is best for him or her to make an appointment with a specialist, depending on the symptoms and type of illness. That person should also have, in writing, all of the symptoms that he or she is experiencing. The person must be truthful in what he or she writes because there have been far too many cases where the person forgets to tell the doctor other experienced symptoms.
Birth Defects Caused By Medical Malpractice
The majority of children are born healthy, but three to four percent of babies will be born with a birth defect. A birth defect is a physiological or physical health concern that is apparent when a child is born. A genetic defect is more likely if it runs in the family, but birth defects can also be caused by the negligence or mistake of a doctor, nurse, or hospital.
There are over 4,000 known birth defects, and although it is not a doctor’s fault for a genetic birth defect, there are tests that can identify some defects early such as, Down syndrome, Edwards syndrome, cystic fibrosis, or muscular dystrophy. How to move forward with a pregnancy can be determined by this genetic testing. Not providing these tests, or providing misinformation, can be considered negligent, and put a mother and baby at risk.
Even during a healthy pregnancy, a birth defect is still possible for a child to develop during delivery. These disorders can be caused during birth and may be caused by the negligence of a doctor or hospital.
Signs of Medical Malpractice
No matter how sick a patient is, they expect their doctor to listen to their concerns and then prescribe a treatment or course of action. When a doctor or other medical professional makes a mistake that causes harm to the patient it is medical malpractice. When administering care, physicians, nurses, and hospitals have a standard of care to maintain with a patient. The key to a medical malpractice personal injury case is to prove negligence, and that negligence had a negative effect on the patient’s life.
In 2018, Illinois had over $300 Million in payouts having to do with medical malpractice. That averages out to $23.50 per capita and is an 11.49% increase from 2016. Of all paid out claims, 30% resulted in the death of a patient across the United States. Learn to recognize the potential signs of medical malpractice before it is too late.
The most common claim stems from the wrong diagnosis or a failed diagnosis. Both are harmful to a patient because it delays life-saving treatment for potentially curable diseases. For example, a headache does not necessarily mean a patient has a brain tumor. However, if they are displaying additional symptoms, and just treated for migraines - it may be too late once the proper diagnosis is reached. Furthermore, when a wrong diagnosis is made, the course of action may make the patient’s condition worse. If a diagnosis does not feel right, seek a second opinion. Even with getting proper treatment with a new physician, the first doctor can still be sued under negligent conditions
How Medical Malpractice Can Change a Child’s Life
Malpractice can cause pain for any patient, but when a victim is a child, a young person suffers because of the negligence of a medical professional. Children can be harder to diagnose than adults, but they deserve the same level of care of time. Infants are especially challenging because they cannot tell you how they feel. An innocent child should not get sick or die because a doctor did not do their job.
What Qualifies as Medical Malpractice
Some mistakes happen in medicine, but not all qualify as malpractice. Medical malpractice is when a standard of care is diverted from by any medical professional or institution. There is no exact definition for a medical standard of care, but across different fields, it is compared to how a reasonable professional would act in similar circumstances. For example, if a patient was misdiagnosed and not harmed by the treatment or lack of correct treatment, they likely would not have a case for malpractice.
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9631 W. 153rd St., Suite 32, Orland Park, IL 60462
708-966-2408
