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Recent Blog Posts
Anesthesia Errors – Including Being Aware During Surgery
A young mother recently passed away as a result of medical malpractice on the part of her anesthesia team during a C-section. The anesthesiologist was supposed to administer the drug bupivacaine but grabbed an ampule of digoxin instead. Digoxin is used for patients experiencing a heart attack. The ampule was not scanned at any time during the surgery.
When the young woman said she was experiencing pain, another anesthesiologist picked up the same ampule and administered another dose – again, without scanning or looking closely to ensure it was the correct medication. Shortly after the baby was delivered, the mother experienced severe dizziness, left-side weakness, a terrible headache, and paralysis.
The young mother was transferred to intensive care, where she was declared brain dead. During a medication count in the operating room, a nurse noticed the misplaced digoxin and reported the medical error. Unfortunately, anesthesia errors are all too common and can cause long-lasting physical injury, emotional injury, and death. If you are the victim of an anesthesiology error, speaking to a Chicago, IL medical malpractice attorney can help ensure you receive justice.
Stateville Correctional Center Faced with Wrongful Death Claim
A wrongful death claim against the Stateville Correctional Center was filed on November 14, 2024, regarding the death of a 51-year-old man who died in June while in custody of the Illinois Department of Corrections. The lawsuit claims that the correctional center breached the duty of care owed to prisoners by consistently and negligently ignoring the man’s requests for a doctor. The decedent had bronchial asthma, along with high blood pressure. Heat stress at the time was named as a contributing condition to his death.
The lawsuit alleges "deliberate indifference" to the man’s medical needs while also claiming that the prison population in Stateville Correctional Center as a whole consistently receives inadequate healthcare. More specifically, the allegations state that it is common for delays to occur both in the response to emerging health issues as well as in contacting emergency medical services for inmates.
Can a Failure to Diagnose Cancer Potentially Be Deadly?
Recently, a 40-year-old man settled a claim against a Chicago hospital for failure to diagnose his bowel cancer in a timely manner. The man went to the hospital with acute abdominal pain almost four years ago. Appendicitis was diagnosed following a CT scan, which also indicated a potentially cancerous area on the bowel with a notation that a colonoscopy was required to confirm bowel cancer.
The man was then discharged from the hospital without being told of the findings or that he needed a colonoscopy to confirm the suspicion of bowel cancer. Months later, after subsequent bowel issues, the man learned he had colon cancer and began recommended chemotherapy. While his cancer is now in remission, the plaintiff claimed in his lawsuit that if he had been properly informed of the potential bowel problem at the time he was hospitalized, he could have avoided chemotherapy, and his five-year survival rate would be higher.
The defense asserted it was the plaintiff’s responsibility to follow up with his own doctor after discharge; however, the jury was not persuaded and found in favor of the plaintiff. Failure to diagnose any medical issue can have devastating effects. Failure to diagnose cancer can potentially be deadly. If you or a loved one are dealing with a medical issue that a doctor failed to properly diagnose, you could benefit from speaking to an experienced Chicago, IL medical malpractice attorney.
Are Men or Women More Likely to Cause Auto Accidents?
There has been a longstanding debate about whether men or women are better drivers. While the stereotypes generally place women in the bad driving category, and while men report being much more confident in their driving abilities than women, neither of these is true. Men may be more confident in their driving ability, but this does not mean they are safer drivers.
In fact, men are significantly more likely to engage in risky driving behaviors and are involved in many more fatal crashes. Being involved in an auto accident is traumatic for either gender, especially when the accident is the result of the negligence of another driver. If you are facing injuries and cannot work due to an auto accident, you could benefit from speaking to a knowledgeable Chicago, IL personal injury lawyer.
Second-Story Porch Collapse in Aurora, IL Injures Ten People
A few months ago, ten people were injured, with seven of those hospitalized, following the collapse of a second-story apartment building porch. The ages of those injured in the accident ranged from one month to 31 years old. There were a number of serious injuries, but none were immediately life-threatening. Owners of the apartment declined to comment, and those on the scene could see no apparent reason for the collapse of the porch. The porch collapse blocked access to all upper-level apartments, forcing displaced residents to find other accommodations.
This type of accident is known as a premises liability accident. Property owners are generally liable for accidents caused by negligence, although the extent of that liability will depend on the type of visitor. If you have been injured as a result of owner negligence while on another’s property, you may be able to file a premises liability claim that will pay damages for your medical expenses, lost wages, and pain and suffering. Speaking to an experienced Chicago, IL premises liability attorney can be beneficial for you and your family.
What Are the Most Common Causes of Medical Malpractice?
Medical errors are the third-leading cause of death across the United States, after heart disease and cancer. While one Johns Hopkins study claims at least 250,000 people die in the U.S. every year from medical errors, others believe the number to be much higher—as high as 440,000. Many of these medical errors rise to the level of medical malpractice. There are four legal elements that must be proven in a medical malpractice claim.
The medical professional must have owed a duty of care to the patient and must have breached that duty of care. This breach of duty of care must have caused injuries, and those injuries must have corresponding damages. Medical malpractice claims also ask the question, "Would a similarly trained medical professional, given the same set of circumstances, have made a different choice?" If the answer to that question is "yes," then medical malpractice may have occurred.
Do More Holiday Hospitalizations Result in Medical Malpractice?
It is well known that being hospitalized in July or on a weekend is riskier for patients. This is largely due to factors like short staffing, fewer senior staff at work, and staff fatigue from an uptick in patients. Holiday hospitalizations can also be added to the list of riskiest times for hospitalization and medical malpractice to occur.
In fact, when it comes to death as an outcome or the necessity of readmission, CNN reported that patients discharged during the Christmas holidays were 13.3 percent more likely to be readmitted or to die within seven days. At fourteen days, the percentage increased to 18.6 percent, and in 30 days, it increased to 25.9 percent. Compare this to other times of the year, when the percentages were 11.7 percent, 17 percent, and 24.7 percent, respectively.
Although this study was done in Ontario, more than four million patient outcomes were examined, and the results are believed to be similar for the United States. While this might also indicate that hospitalization is fairly risky at any time, there is clearly a higher risk during the Christmas holidays. A Chicago, IL medical malpractice attorney from Winters Salzetta O'Brien & Richardson, LLC can help you get the justice you deserve.
Who Are the Most Vulnerable Victims of Nursing Home Abuse?
Nursing home abuse is a sad reality of our times. When you are forced to place your elderly loved one in a nursing home, it can be emotionally heart-wrenching. However, you expect your loved one to be treated with respect, dignity, and kindness while being properly cared for. Elder abuse is defined as intentional or negligent acts by caregivers or others entrusted with the care of an elderly person that cause harm or serious risk of harm.
With more than three million older adults living in nursing home facilities across the nation – and many more expected as baby boomers continue to age – incidences of nursing home abuse will likely also rise. While any resident in a nursing home can be a victim of abuse, some are more vulnerable than others, thus more likely to experience abuse. If you suspect your loved one is the victim of nursing home abuse or neglect, speaking with an experienced Chicago, IL nursing home abuse attorney from Winters Salzetta O'Brien & Richardson, LLC can be extremely beneficial.
$10.2 Million Verdict for Illinois Negligent Amputation
A little over a year ago, an Illinois jury found in favor of a man whose right leg was negligently amputated at Northwest Community Hospital in Arlington Heights. The 49-year-old man was involved in a motor vehicle accident in 2017.
His doctor failed to perform normal tests, including a pre- and intra-operative angiogram. The doctor also failed to check for leg artery clots and failed to place an arterial shunt. All of these are things a similarly trained physician, given the same set of circumstances, would have done.
The doctor further failed to return the patient to the operating room when there was no pulse or sensation in the ICU, resulting in a lack of blood flow and the necessity of removing the leg above the knee. Despite conflicting stories from the hospital and physician, the jury found clear medical malpractice occurred.
This medical malpractice left a relatively young man living with severe impairments for the remainder of his life. If you or a loved one have suffered the loss of a limb as a result of medical malpractice, speaking to an experienced Chicago, IL medical malpractice attorney from Winters Salzetta O'Brien & Richardson, LLC can make a difference in the outcome of your claim.
Death of Construction Worker Triggers Wrongful Death Claim
A scaffolding collapse on the University of Chicago Medical Center campus has resulted in a wrongful death lawsuit against both the contractor and the subcontractor. The young construction worker and another worker fell more than 80 feet while working on the construction site of the planned cancer pavilion. Following the accident, the scaffolding was seen swaying in the wind; family members of the deceased construction worker claim the scaffolding was "incredibly deficient" and that proper safety precautions were not taken.
Scaffolding is generally designed to withstand 80 mph winds, yet this particular scaffolding failed when hit by a 44 mph wind gust. Further claims by the family allege the scaffolding was not properly connected to the building and that a three-foot gap at the corner of the scaffolding was bridged with only a piece of plywood connected by three nails. OSHA will conduct a full investigation of the accident, including determining why neither of the workers was wearing a tethered safety harness.
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