One of the principal arguments backers of tort reform use to justify damages caps is that increased insurance premiums have an adverse effect on health care costs that are passed on to the consumer. This argument persists in spite of the fact that there is little or no evidence that this actually occurs. In California, […]
Yesterday, it is being reported, a Cook County, Illinois jury returned a $13 million verdict against a reckless driver who was involved in a car crash while test driving a BMW 530i, killing one of his passengers, the car salesman who was along for the drive. The jury awarded $13.7 million to the family of 22 year […]
The Chicago Sun-Times reported today in its health column about a frequently misdiagnosed medical problem in newborns called malrotation. Malrotation is an abnormal alignment of the bowels which can cut off blood flow to the baby’s intestines. Malrotation occurs in 1 in 500 births, and most cases are diagnosed within the first year of life. […]
Sadly, medical mistakes continue to be one of the leading causes of death in the United States. There are close to 100,000 preventable deaths a year in America making medical errors the fifth leading cause of death in our country. A culture of shame and a lack of accountability often times prevents full disclosure of medical […]
Five medical malpractice cases pending in California settled this week for a sum of $1 million. The settlements arise out of improper patient care that occured at a Northern California kidney transplant center that has been at the center of a controversy revolving around a poor record of patient care. Federal and state investigators forced […]
The Illinois Appellate Court, First District has extended damages in Wrongful Birth lawsuits to include the damages the victim will sustain after reaching the age of majority. This is a significant extension beyond the victim’s usual rights in these types of cases which were first recognized in Illinois in Siemieniec v. Lutheran General Hospital, 117 Ill.2d 230 […]
The Chicago Sun-Times is reporting that the death of a 63 year old man who lived at the Burnham Terrace Nursing Home in Burnham, Illinois was a murder. Thomas Donavan later died at South Shore Hospital from multiple injuries suffered during the assault, hypertension and diabetes. Nursing Home Abuse and Neglect continues to be a […]
Glori Anne Scott of the Examiner.com wrote an excellent piece in support of the Colorado Legislature’s recent attempts to raise statutory caps on medical malpractice cases in that state. Her explanation applies to counter the arguments of tort reformers everywhere. While it will likely be a long and difficult battle to educate the Colorado legislature on […]
The Nevada Supreme Court has ordered litigants in medical malpractice cases to take steps to resolve those matters in order to decrease the court’s backlog. Two senior judges have been assigned in Clark County to conduct a settlement marathon in May in the hopes of resolving the 216 oldest cases on the court’s docket. The […]
A Cook County judge has recently permitted a lawsuit brought by a former University of Chicago student proceed on a medical malpractice theory that the U of C’s student medical center was negligent in not doing a “rape kit” after a student was assaulted, denying her the ability to secure criminal charges against her attacker. […]
