Personal Injury News & Developments

Articles Tagged with medical malpractice

Medical malpractice harming adults is tragic enough, but each year brain injury at birth causes life-long disabilities. Cerebral palsy at birth can be related to prenatal issues, but some causes are the direct responsibility of the professionals performing the delivery.

Unnecessary use of delivery tools.

Delivery forceps and vacuum extractors can be medically necessary, but some doctors recommend their use when a natural childbirth will do the job. Others use the tools too forcefully. Either case can lead to brain injuries and cerebral palsy. In some cases, the necessity of the tool indicates earlier problems the doctor might have identified earlier.

Failure to detect problems with the baby’s oxygen supply.

Lack of oxygen to a fetus or newborn can kill portions of the brain responsible for movement. Umbilical cord problems, strangulation and suffocation – however brief – can cause this lack of oxygen. A doctor can catch those problems early enough to prevent the damage, if she’s doing her job.

Improper treatment of seizures after delivery.

A seizure can disrupt oxygen flow, or lead to head trauma that damages the brain – especially if improperly treated or misdiagnosed. Medical staff in a delivery room are trained to watch for symptoms of seizures, and should spot them if they occur.

Failure to order emergency procedures.

Sometimes a Caesarian section delivery or other emergency procedure is necessary to ensure a healthy birth. Although some mothers are resistant to the idea of a C-section, doctors who wait too long before ordering those procedures endanger the baby.

Lack of access to specialists.

Complex deliveries, especially those with situations that cause a risk of cerebral palsy, often need the oversight of a specialist. A facility that denies access to proper specialists, or a doctor who fails to call in necessary help, may be subject to a cerebral palsy lawsuit.

The nature of our law practice deals with a significant number of serious personal injury and medical malpractice cases that usually involve complex issues.  Recognizing that there’s far more to most of these cases than what we address on our individualized practice area pages, we have now added a new ‘Articles‘ section to our firm’s website.  Our new section for articles will address newsworthy topics and common legal issues that many of our clients are coping with.

Be sure to regularly check back with us as this new feature is sure to become a valuable legal resource for both individuals and families seeking relevant materials on issues that continually arise in different types of personal injury, cerebral palsy, nursing home injury and wrongful death matters.   Here is a sampling of our recent legal articles:

Abbott Laboratories issued some serious warnings for one of its popular drugs Humira (also known as adalimumab).  Humira acts by blocking TNF (tumor necrosis factor – involved in inflammatory and immune responses) which can cause inflammation and lead to immune-system disease.  

For more information about Humira Lawsuits visit our practice page.

Little more than 11 years after their son’s death, a New York State couple have raised half a million dollars in his honor. “When a birth injury happens, it just happens and you’re not prepared,” said Ilana Meyers, co-chair of the Slater Jett Meyers Foundation, based in West Nyack, NY. “The results are so severe. They require so much care, and the outlook for them is pretty grim.”

For more information visit our practice page on Brain Damaged Babies

A hospital in Armidale, Australia says it might have a way to stop Stage 1- and 2 bed sores from ever happening.  Bed sores, or pressure ulcers, often occur within hours of a hospitalization. Elderly patients are especially susceptible to developing pressure sores, due to their thin skin.  But the Armidale Rural Referral Hospital says it’s found a way to halt bed sores – at least for elderly patients with hip fractures.

Visit our Bed Sore Injury page for further information on bed sores in medical facilities.

Hepatosplenic T-Cell Lymphoma (HSTCL) is a rare type of T-cell (a type of white blood cell or lymphocyte) lymphoma.  It is aggressive, fast-growing cancer affecting the liver, spleen, and sometimes the bone marrow.  In most cases, HSTCL is usually fatal. One of the most common signs of HSTCL is an enlarged liver or spleen, with symptoms including abdominal pain or fullness.  The disease progresses quickly spreading to the spleen, liver, and usually the bone marrow.  Symptoms include fever, fatigue, jaundice, and infections.  Tests often reveal abnormal liver function and reduced peripheral blood cells.

For further information regarding this significant development visit our practice page devoted to HSTCL and Humira

Scientists at Ohio’s Case Western Reserve University say they’ve made a breakthrough in treating cerebral palsy – on a microscopic level, at least. Researchers claim they’ve found a way to replicate so-called “myelinating cells” – cells with the essential protein myelin – in a way that benefits humans.

 For further information concerning Cerebral Palsy Research visit our firms’ practice page.

 

As lawyers who frequently represent families in nursing home negligence and medical malpractice cases, we know overwhelming the the situation can be from both an emotional and financial perspective.  Complicating the situation even further was the fact that families were typically not given an opportunity to access their loved ones medical charts without seeking court involvement.

Thankfully, the Illinois legislature recognized this significant hardship put upon grieving families and introduced legislation to streamline the process of obtaining the medical records for the deceased.  This legislation will add much needed transparency to situations where a family has questions concerning the suspicious care of a loved one– or even if they wish to obtain the records for other purposes.

The new legislation provides: 735 ILCS 5/8-2001.5 

Sec. 8-2001.5. Authorization for release of a deceased patient’s records.

(a) In addition to disclosure allowed under Section 8-802,a deceased person’s health care records may be released upon written request of the executor or administrator of the deceased person’s estate or to an agent appointed by the deceased under a power of attorney for health care. When no executor, administrator, or agent exists, and the person did not specifically object to disclosure of his or her records in writing, then a deceased person’s health care records may be released upon the written request of:

(1) the deceased person’s surviving spouse; or

(2) if there is no surviving spouse, any one or more of the following:

(i) an adult son or daughter of thedeceased,

(ii) a parent of the deceased, or

(iii) an adult brother or sister of the deceased.

(b) Health care facilities and practitioners are authorized to provide a copy of a deceased patient’s records

based upon a person’s payment of the statutory fee and signed “Authorized Relative Certification”, attesting to the fact that the person is authorized to receive such records under this Section.

(c) Any person who, in good faith, relies on a copy of an Authorized Relative Certification shall have the same immunities from criminal and civil liability as those who rely on a power of attorney for health care as provided by Illinois law.

(d) Upon request for records of a deceased patient, the named authorized relative shall provide the facility or practitioner with a certified copy of the death certificate and a certification in substantially the following form:

In order to obtain a copy of a decedents medical records, the following form must be completed and presented to the medical facility.

AUTHORIZED RELATIVE CERTIFICATION

 I, (insert name of authorized relative), certify that I am an authorized relative of the deceased (insert name of

deceased). (A certified copy of the death certificate must be attached.)

I certify that to the best of my knowledge and belief that no executor or administrator has been appointed for the

deceased’s estate, that no agent was authorized to act for the deceased under a power of attorney for health care, and the

deceased has not specifically objected to disclosure in writing.

I certify that I am the surviving spouse of the deceased; or I certify that there is no surviving spouse and my relationship to the deceased is (circle one):

(1) An adult son or daughter of the deceased.

(2) Either parent of the deceased.

(3) An adult brother or sister of the deceased.

This certification is made under penalty of perjury.*

Dated: (insert date)

……………………………

(Print Authorized Relative’s Name)

……………………………

(Authorized Relative’s Signature)

……………………………

(Authorized Relative’s Address)

Elsie Soto, a single mom from Miami, says the pain from a botched liposuction surgery at Strax Rejuvenation still makes her cry herself to sleep.

“I’m not as happy. I’m very depressed,” said Soto, who sat next to her lawyer in a recent informational video for women considering plastic surgery. “I can’t concentrate at my job like I used to. Just because of the pain, my mind goes blank.”

CBS Atlanta investigates the “LifeStyle Lift”

Soto is one of at millions of women who go under the knife each year, and one of thousands who’ve decided on surgery at a major “chain” like Strax.

Big business in cosmetic surgery chains

Though no “official” figures exist about the business practices of “chains,” strong evidence suggests that several may routinely be putting their patients in danger. Web sites like consumeraffairs.com and realself.com are filled with accounts of botched surgeries, terrifying scars, and horrendous complications – particularly from the chains Strax and LifeStyle Lift.

Patients getting more than they anticipated

“The procedure was horrific and scary,” said one former patient, of a LifeStyle Lift clinic in Virginia. “The pain from numerous and repeated facial injections caused my hands tremble and shake, and was only the beginning of my horrible experience.”

The “LifeStyle Lift,” according to the company’s Web site, is a “quick and easy” procedure that’s “specifically designed to tighten the jowls and neck.”

Patients, however, say it’s anything but “quick and easy.” Many claim they could feel “at least 15-20 needles” being inserted into their face at the beginning of the procedure – an excruciating way to receive local anesthesia. Patients also claim they could “feel skin burning” and “hear blood pooling in their ears.”

“I had no idea that I would have my earlobes cut off my face and sewn back on,” said one former LifeStyle Lift patient, speaking anonymously on the Web site consumeraffairs.com. “There are women who have been physically scarred for life because of this outfit.”

Presently, LifeStyle Lift has more than forty locations in 22 states. It boasts on its website that it’s performed more than 130,000 procedures in the past ten years.

Plastic surgery malpractice cases

As a medical malpractice lawyer in Chicago, I see clear and disturbing patterns of abuse at Strax and LifeStyle Lift. The sheer scale of botched procedures – along with the scope of immorality from doctors – is truly mind-boggling. I suspect that, due to the topic’s sensitive nature, many patients have yet to come forward with their own horror stories.

If you or a family member are a victim of a negligent plastic surgery procedure at either Strax, Lifestyle  Lift or similar plastic surgery center, you might have grounds for a lawsuit. We would be honored to offer you a free and confidential consultation.

Founding attorney, Jonathan Rosenfeld, has been recognized in the 2012 edition of Illinois Super Lawyers.  For the fifth consecutive year, Rosenfeld has been included as an Illinois Super Lawyer’s Rising Star.  The Super Lawyer selection process counts votes from lawyers in the community who have personally worked with candidates as part of the selection process.  Further, lawyers selected for this honor must be in good standing with the Illinois Supreme Court.