Contact Us
Blog
Hurley McKenna & Mertz, P.C.
Subscribe to this list via RSS Blog posts tagged in negligence liability

Posted on in In the News

Beyond Court: Lawyer Helps Train ER DocsBy , Daily North Shore

When trial attorney Christopher Hurley successfully tried a case on a behalf of a family whose wife and mother had died from sustained hypoxia in a hospital emergency room, he could have stored the case file and moved on. Instead, the Winnetka resident decided to address the underlying problem.

During the trial, Hurley realized the emergency room doctors, while well-intentioned, were inadequately trained. It took the doctors a half hour to secure an airway for his client, who was having an asthma attack. Hurley recognized that with proper training the result would have been different for his client and others suffering similar circumstances.

...

special needs abuse lawsuit, Chicago personal injury attorneyHealthcare professionals are meant to care for their patients, and the companies that hire them should vet their employees to ensure they are safe, of sound mind, and reliable. Sadly, a South Holland mother’s experience proves that this does not always happen. Now she is bringing a lawsuit against the facility responsible.

Special Needs Abuse

The woman’s daughter suffers from hypoxic-ischemic encephalogoy, cerebral palsy, and a seizure disorder – all results of a traumatic birth injury. She requires close monitoring, and when she started kindergarten she required the services of a personal nurse to assist with her daily activities and medical care while at school. This nurse, employed by the Pediatric Services of America, Inc. allegedly abused the child instead of caring for her.

...

dangerous drugs, FDA approval, Chicago liability attorneysOriginally developed to protect consumers, the U.S. Food and Drug Administration is responsible for monitoring and investigating the safety, efficacy, and security of drugs and medical equipment used and prescribed in the United States. But patient advocates, federal auditors, and health-policy experts have been voicing concerns over the FDA’s monitoring and surveillance systems since the 1990s. Now, with the number of defective drug and medical equipment injuries and deaths mounting, lawmakers are looking for a way to step in and take over.

FDA’s Concerning Failures Exposed

Over the years, the FDA has been cited for a number of failures in the way they approve and oversee the drugs and equipment they are responsible for monitoring. Part of the problem relates to outdated or inaccurate data. The system’s self-reporting reliance is another. All lead to one very concerning conclusion: their shortcomings are causing injuries and deaths to innocent people.

...

bad drug interactions, Chicago negligence lawyerA bad drug interaction or an adverse reaction caused when one drug interacts or interferes with another drug, is an extremely common issue, particularly among those with multiple health issues. As such, the elderly population is often at the highest level of risk. However, anyone taking more than one medication – even over-the-counter drugs – can be at risk for a bad drug interaction.

So who is responsible if one happens? Is it the doctor that prescribed the medication? Is it the pharmacist that filled it? Or both? The answer is a little obscure, particularly when examining former cases involving physician liability in bad drug interaction. However, as a general rule, they may be implicated for a variety of reasons that may or may not be directly related to whether or not they have a duty to warn.

Courts Divided on Pharmacist’s Duty to Warn

...
medical malpractice lawsuits, Chicago medical negligence lawyerWhen the U.S. Department of Justice (DOJ) ranked the consequences of medical malpractice, the DOJ listed death as the most common injury in medical malpractice cases, followed by injuries such as:
  • Organ damage/infection;
  • Brain or head injury;
  • Chronic pain; and
  • Back/neck injury.

The Institute of Medicine estimates that recorded deaths due to preventable medical errors every year exceeds the number of deaths linked to breast cancer, AIDS, and motor vehicle accidents. However, the amount of filed medical malpractice cases are significantly less.

A law review article published by the Northern Illinois University College of Law explores and debunks four myths regarding medical malpractice lawsuits:

  • Plaintiffs file frivolous medical negligence lawsuits;
  • Premiums are on the rise due to skyrocketing jury awards;
  • Access to healthcare is restricted; and
  • Doctors fear negligence liability.

Medical errors occur at a rate that is not matched by statistics of court-filed claims. The first of the listed myths is debunked by research that states that the majority of medical errors do not result in a lawsuit. The second myth is contradicted by research which shows that most victims of medical malpractice are never compensated for their injuries.

...
Waiting for Resize
To Top