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Medical Malpractice Archives

Benefits of seeking a second opinion

Cancer has become a disease that most families have come face-to-face with at some point. The number of people diagnosed with various types of cancer each year are many. One positive thing for some people is that many types of cancer are possibly curable or at least manageable. That, however, does not negate the seriousness of a cancer diagnoses nor the impact on a person's life. If you have recently been told you have cancer, you may want to consider getting a second opinion.

DISCOVERY RULE PROVIDES NEW AVENUE FOR JUSTICE FOR VICTIMS IN WRONGFUL DEATH ACT AND SURVIVAL ACT CASES

The Illinois Supreme Court has now provided a new avenue for victims in wrongful death act and survival act cases: the discovery rule. Pursuant to 735 ILCS 5/13-212(a), the discovery rule establishes that, within a four-year statute of repose, any claim of malpractice against a physician or hospital must be filed within two years of the date on which the claimant knew or through the use of reasonable diligence should have known of the existence of the injury or death for which damages have been sought. In Moon v. Rhode, the Illinois Supreme Court found that it was an issue of fact in wrongful death and survival actions predicated upon medical malpractice as to when the individual knew of the injury and its negligent cause. The discovery rule can now extend the wrongful death act and survival act statute of limitations beyond the two-year anniversary of death. 

Malpractice settlement costs and apology laws

Medical malpractice suits across the country cost hospitals millions of dollars a year, and in Illinois, Crain’s Chicago Business reports that two public hospital systems alone have racked up over $160 million in settlement costs since 2012. The two Chicago hospital systems in question are University of Illinois Hospital and Health Sciences System and Cook County Health and Hospitals System, and over the past four years, each have paid out at least $80 million for medical negligence settlements.

Top 4 emergency room errors

Although urgent care physicians serve many of the patients who might otherwise have gone to the hospital, emergency departments still see plenty of traffic. According to the Center for Disease Control and Prevention, there are over 130 million visits to emergency rooms in the United States annually. Ideally, each of these patients would receive appropriate and effective care, but it is an unfortunate fact that ERs are common sites for medical errors and malpractice. There are several issues that are more common than others, but these four are the most likely ones a patient would encounter when visiting an emergency room in the US. 

We can help victims of misdiagnosis

In last week's post, we discussed how Illinois patients always have the right to seek a second opinion from another physician. This right is especially important when symptoms suggest a serious condition. Illinois doctors have an obligation to act in accordance with the accepted standards of care in their area of specialty when they diagnose conditions. Doctors are not required to be accurate 100 percent of the time. They are, however, expected to meet the standard of competence prevailing among other practitioners in their field. Unfortunately, sometimes doctors make the wrong diagnosis, or do not make the correct diagnosis in time.

Second opinions on diagnoses and 3 times when you should get them

If you have been diagnosed with a debilitating, life-threatening illness and are facing expensive, life-altering treatments, it's important that you trust your doctor implicitly. Even if you trust your doctor, human error may be an issue in creating a treatment plan. Some patients opt for a second opinion to determine if the treatment is the right course of action. You should always feel comfortable asking for a second opinion, and here is when to do it.

Illinois man claims says sperm was destroyed without permission

A man is blaming the University of Illinois for the destruction of his sperm without his permission. In a lawsuit that the man filed on March 10, the plaintiff is claiming that he now does not have the ability to conceive any biological children of his own as a result of the university medical laboratory's negligence.

Failure to treat a medical condition

Medical negligence can happen in a lot of different ways in Illinois. In most cases, people think of medical negligence as a doctors' error that occurs during surgery. However, sometimes medical negligence is just as much about something that a doctor failed to do as it is about something he or she did wrong.

What are the common reasons for medical malpractice?

Medical malpractice can happen in a variety of ways, like wrong site surgical errors, misdiagnoses, medication errors and errors that happened during surgery. In most cases, malpractice claims do not result in serious injury or death and patients can recover from the errors, but in certain cases, patients can suffer debilitating and fatal consequences. For this reason, doctors should take every precaution to avoid a malpractice event. This article will discuss some of the most effective strategies doctors can employ in this regard.

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