Earlier this year Forbes magazine published a very informative article about 10 things that most people don’t know about medical malpractice. In this blog there’s been an ongoing conversation about the impact of negligence on the part of doctors and how this negligence can be prevented by the civil justice system. I’ve included a link to the Forbes article, however I would like to discuss more in depth three of the 10 things you don’t know about medical malpractice in Illinois.
First, there is no such thing as a frivolous medical malpractice suit. Lobbyists and special interest groups normally controlled by the American Medical Association and other groups with only profits in mind, have often spoken about frivolous medical malpractice suits. This is simply not the case. Especially in Illinois since in Illinois every single lawsuit claiming medical negligence or medical malpractice must be certified by another doctor. What this means is that every case filed in front of any court and Illinois has already been determined to be based on medical malpractice.
Second, medical malpractice is a leading cause of death in Illinois and across the nation. Often known as doctor error, medical malpractice is deadly and must be prevented. One way to prevent medical malpractice and subsequent death, is to have a robust civil justice system prepared to provide recourse for these injuries. In Illinois such a system exists, however every day lobbyists and special interest groups attempt to erode the power of patients to seek recourse for doctor error.
Finally, residents of Illinois should understand that they do have significant power to prevent themselves from being victims of medical malpractice. Before any surgery or medical procedure do as much research as possible about the risks and benefits associated with the type of surgery performed. The Internet has a multitude of resources that can be very helpful in this regard such as Mayo Clinic and other resources. Also be sure to ask your doctor any questions and tell your doctor about any concerns you may have with the procedure. Often times you can be your biggest advocate in preventing medical malpractice.
If you are the victim of medical malpractice is important to contact an experienced medical malpractice attorney preferably from the same area where you live or where the conduct of negligence occurred. This means that if you live and Central Illinois it is wise to contact the Central Illinois medical malpractice attorney rather than one from an other area such as Chicago. Local medical malpractice attorneys have far more resources available to assess the potential negligence and have more contacts in the community to help get the compensation you deserve. As always please feel free to contact an Illinois Plaintiffs attorney by following the link or from the contact form below.
Serious Injuries Caused by the da Vinci Robot
Serious adverse event led to litigation surrounding injuries from the da Vinci Robot.
The da Vinci Surgical System is providing surgeons with a newer, faster surgical procedure in many U.S. hospitals. The system has been in use since the year 2000 when it gained FDA approval. The system was approved for urologic surgical procedures, general laparoscopic surgical procedures, gynecologic laparoscopic surgical procedures, general non-cardiovascular thoracoscopic surgical procedures and thoracoscopically assisted cardiotomy procedures. The da Vinci was billed by its marketers as a revolution in surgery due o the potenteial to use the system in a minimally invasive manner. Unfortunately, insufficient operator training and unsafe design caused tragedy for some: punctured organs, surgical burns, torn blood vessels and other surgical complications have caused suffering, lengthy recovery periods, and even death. While Intuitive surgical, the manufacturer of the system, provides some training to the doctors using the da Vinci, this training is often time not sufficient, and is sometime performed online.
Since 2009, the number of surgeries reported to be using the da Vinci system has increased by more than 50%. At the same time, the number of adverse event reports about these surgeries reported to the FDA jumped from 24 in 2009 to at least 115 in 2012, and informal incident reports sent to the U.S. Food & Drug Administration (FDA) since 2009 include reports of 70 deaths.
This increase has spurred the FDA to apportion some of the fault to Intuitive, the creator of the robot, and the target of lawsuits. PBS and the Wall Street Journal have reported.
The FDA is investigating the reports of da Vinci surgery complications, and surveying hospitals and surgeons about their use of the device. The investigation also addresses training that the surgeons have received on the da Vinci Surgical System. As recent as the summer of 2013 in the prominent Journal for healthcare quality, many doctors and the FDA criticize Intuitive.
If you have had surgical complications about da Vinci Robot surgeries, it s vital to retain experienced medical device liability attorneys. Many law firms throughout Illinois handle these complicated cases and it is vital to choose the correct one. Be sure that you ask about the attorney’s experience and fee structure.
You may be entitled to file a da Vinci robot lawsuit to obtain compensation for medical expenses, lost wages, pain and suffering, and more.
A surgeon amputates the wrong leg.
A patient develops a bedsore in a hospital that he did not have before.
A patient is burned in an MRI machine because due to the presence of metal.
A brand new bridge collapses injuring many.
A man is set on fire in an emergency room.
In these situations, Attorneys may prove negligence by simply proving that the event occurred. This is an important tool for the injured to protect their rights in Illinois and arises many time in the medical malpractice setting.
Res ipsa loquitur is not just a remnant from days gone by as a schoolboy. It is a legal term that means “the thing (negligent act) speaks for itself.” This phrase stands for an evidentiary rule personal injury attorneys in Illinois and many other states can use in some circumstances to bring a personal injury action in the absence specific evidence of negligence. The injured party may meet its prima facie (latin for first encounter) burden of proof in a negligence action in the absence of specific evidence that the defendant was negligent because the injury would not ordinarily occur in the absence of the defendant’s negligence. For example, if a truck were driving on a newly built bridge and the bridge collapsed, there would be an inference that the contractor who built the road was responsible. Res ipsa in Illinois is not absolute negligence: the bridge contractor’s attorney, in this example, would have the opportunity to rebut the inference of negligence by proving that bridge collapsed for a different reason such as evidence that the truck weighed more than federal or state regulations allowed.
In Illinois, there are three elements an attorney must prove in a personal injury case in order to the create an inference of negligence on the part of a defendant: (1) a casualty of a kind that does not ordinarily occur absent negligence, (2) that was caused by an instrumentality exclusively in the defendant’s control, and (3) that was not caused by an act or omission of the plaintiff. The Illinois Pattern Jury Instructions provide good guidance.
Proving res ipsa is no easy task in Illinois, and it is important that if you or a loved one is the victim of clearly negligent acts, you consult an experienced attorney.
On April 16, 2013, Los Angeles jurors heard closing arguments in the first trial alleging Actos causes bladder cancer. Accordingly, in a Bloomberg article Plaintiff Jack Cooper alleged that Actos, prescribed to treat his diabetes caused bladder cancer. Further, the lawsuit alleged that Takeda Pharmaceuticals, the manufacturer of Actos knew of the link to bladder cancer as early as 2004, but did not alert the FDA. Actos has been under strict scrutiny since 2011, and in 2012, the drug was criticized by both the British Medical Journal and the Canadian Medical Association Journal which linked Actos to nearly a 25% increase of risk in developing bladder cancer. At this time, 1200 Actos lawsuits are pending in the Multi District litigation located in Louisiana.
As recent as February 5, 1013, lawsuits were being filed in Cook County where nearly 1000 other claims have been presented before Judge Dooling. Similar state case consolidations are present in Pennsylvania as well. Thus, increasing the pressure on the manufacturer of the anti-diabetic drug to settle potential claims.
Takeda Pharmaceutical Co. convinced a judge to throw out a just verdict as mentioned above. The risks caused by the blockbuster diabetes drug are still present however and consumer protection attorneys across the country and in Central Illinois such as Phebus & Koester, LLP are still actively pursuing the cases. The case is far from over as the attorneys for the Plaintiff plan to appeal. If you or a loved one have bladder cancer and have taken Actos to treat Type 2 diabetes for a long period of time, please contact an experienced lawyer, in Central Illinois Ryan Bradley and the Law Firm of Phebus & Koester strive to bring justice to all people–including victims of Actos.
Flawed Pradaxa® Clinical Trial?
RE-LY, an acronym for Randomized Evaluation of Long-term anticoagulant therapy, is the manufacturer’s clinical study comparing Pradaxa® with warfarin. THis study is not widely known to the general public, and its results are disturbing. For a while now, those in the consumer protection community have leveled allegations of flaws and in the study citing that the study did not go far enough and that the methods used were not adequate.
Now experts are also critical. The University of British Columbia, Vancouver, said that “total serious adverse events were not reported, so the net effect of dabigatran (Pradaxa) cannot be assessed with certainty.” It is already well-known that Pradaxa has no reversal agent, and can lead to uncontrolled bleeding, and the British Colombian Study adds more fuel to the fire.
In analysis of the clinical study, the drug-safety watchdog group Therapeutics Initiative criticized the rush to market for Pradaxa finding that the release was “premature, pharmacologically irrational and unsafe for many patients.”
Accordingly, it is fair to say that Pradaxa has many critics–including those at the upper level of the medical community. In late 2012, the FDA finally weighed in regarding the uncontrolled bleeding crisis caused by Pradaxa. The FDA is now continually monitoring the drug and the reports of bleeding events reported to it.
The drug has been under attack by physicians groups and patient advocates since 3,781 adverse effects and 542 deaths associated with Pradaxa were reported last year to the Food and Drug Administration. Its adverse reports and deaths surpassed all other monitored drugs. With sales higher than $1 Billion last year, millions of people are possible victims of the drug.
If you or somebody that you know has taken Pradaxa, and experienced uncontrolled bleeding, please seek medical care immediate, report the case to the FDA, and seek legal assistance.
If you have ever seen a really large semi-tractor, whether it be a mobile home or a wind turbine, on the highway, that’s the way the trucking industry wants it. The more that common drivers notice mega loads as they are called in the industry, the safer other drivers and operators of mega loads will be. Awareness equals safety.
Mega loads, not surprisingly, are the topic of a great deal of controversy on the trucking and transportation community. Most drivers find them to be an incredibly large nuisance, however to the industries that they serve they are indispensable. Some believe that mega loads are a simple and efficient use of the highway system, while others believe that mega loads are a hassle that are dangerous.
The major problems with these loads are the damage they do to roads and the possibility of serious accidents with incredible clean-up costs. In Illinois, especially Central Illinois, these types of mega loads are typically associated with transporting wind turbine equipment. Such loads are common place on Interstate 74 and Interstate 72.
A typical automobile driver should be on high alert when approaching a mega load. Furthermore, remember that, even though the operator of the mega load is responsible for its own actions, and likely has significant insurance coverage for such loads, it is smart to proceed around mega loads with caution. Most times when collisions happen with mega loads and regular cars, the driver of the regular car is injured.
Is it dangerous?
Yes. However, simply because a practice is dangerous, it does not logically follow that such a practice will be outlawed.
This means that it is up to you to drive defensively and be careful.
If you have been injured as part of a collision that was the fault of a mega load truck, please call Ryan R. Bradley for a free consultation.
The wave of sickness sweeping across the nation as a result of the fungal meningitis outbreak set on motion by tainted steroid injections from New England Compounding Center has reached Illinois. Attorneys in the consumer protection community across Illinois are preparing for lawsuit to help those impacted by the outbreak get compensation for their injuries. 354
An individual in Chicago is the first person in Illinois to be linked to the fungal meningitis outbreak. This fact was recently confirmed by the Centers for Disease Control and Prevention. The Centers for Disease Control and Prevention reported the case Saturday. Melaney Arnold with the Illinois Department of Public Health referred to it as a “probable” case and said authorities were still waiting on laboratory confirmation.
Nationally the outbreak is due to 17,000 vials of a steroid used for pain relief were recalled after investigators found three lots were contaminated by a fungus that can cause meningitis and strokes.
The Massachusetts pharmacy has held an Illinois pharmacy license since 2010, and Illinois regulators are monitoring the situation. Furthermore there is another pharmacy, Infusion resource, also in Massachusetts, is no questionable.
Tennessee has been hit the hardest by the outbreak with six deaths and has now effectively revoked the pharmacy’s license in that state. Illinois reported last week that a Chicago resident is the state’s first probable case of fungal meningitis linked to the outbreak. Illinois Department of Public Health spokeswoman Melaney Arnold said Monday that the patient is hospitalized in stable condition and receiving treatment. An estimated 350 Illinoisans may have been exposed to the product at three clinics operated by APAC Centers for Pain Management.
Infected patients have developed symptoms from one to four weeks after being injected with the steroid medication, according to the U.S. Centers for Disease Control and Prevention. The CDC advises patients at risk to remain vigilant for symptoms for several months after the injection. It is important to note that the strain of meningitis that is at issue is not able to be passed from person to person.
If you believe that you have received one of these tainted injections, please contact a doctor and a lawyer to protect your right.