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Statute of Limitations vs. Statute of Repose in Illinois Malpractice Cases
An Illinois appeals court has ruled that families of plaintiffs who die with a pending medical malpractice lawsuit can add a wrongful death claim to the lawsuit. As one might expect, such an addition is possible if the death is alleged to be related to the action in question in the original malpractice suit.
The case was heard by the three-judge panel, and involved an Illinois woman who was being treated at the University of Chicago Medical Center and several of its affiliates, as well as two other medical centers, between the years 2007 through July 2009. In 2011, the woman filed a lawsuit against all parties, alleging that they failed to diagnose her condition as central nervous system lymphoma. The filing of the lawsuit was within the two-year statute of limitations, as well as the four-year statute of repose required by the state of Illinois.
Filing Limitations
Study: Medical Errors Now Third Leading Cause of Death in U.S.
In 1999, the medical community was rocked by a report prepared by Institute of Medicine which classified the problem of medical errors as an epidemic. That report concluded that approximately 95,000 people died each year from preventable medical mistakes. The annual cost to medical facilities was determined to be between $17 billion and $29 billion. Although the Institute of Medicine’s report inspired much debate over the years regarding what could be done to protect patients, a new report – prepared by researchers from John Hopkins University - found that the medical community may not have had too much success and preventable medical errors are now the third leading cause of death in this country.
Unlike the 1999 report, which only used data from one study, the new report used information collected from four major studies. Two of these studies were from the Agency for Healthcare Research and Quality and the Agency for Healthcare Research and Quality, during the years 2000 to 2008.
Illinois Passes Gabby’s Law Regarding Sepsis
Illinois Governor Bruce Rauner has signed a new law which will require hospitals to take a more proactive approach to recognizing and treating patients who develop sepsis. When a person comes down with an infection, the body can sometimes have a “toxic response” to that infection. Such a response is known as sepsis.
Senate Bill 2403, also known as Gabby’s Law, reads in part:
“Each hospital shall adopt evidence-based protocols for the early recognition and treatment of patients with sepsis, severe sepsis, or septic shock that are based on generally accepted standards of care. It requires the protocols contain certain components, including those specific to identifying and treating adults and children.”
The Need for Action
According to the Centers for Disease Control and Prevention (CDC), more than 1.5 million people develop sepsis. It is responsible for the deaths of almost 260,000 people every year in this country. It has been ranked as the ninth-leading cause of deaths caused by disease, killing more people than AIDS, breast cancer, and prostate cancer combined.
Birth Injuries and Birth Defects: Who Is Responsible?
One of the most exciting times in a couple’s life is when they are expecting a child. Picking out a name, decorating the nursery, picking out baby clothes – all the planning that must be done to prepare for the baby’s arrival. Whether it is a couple’s first baby or their fourth, there is often some apprehension and worry over whether or not the baby will be okay, but there is also usually confidence that the doctor and medical staff will do everything to ensure a safe delivery and a healthy baby.
Tragically, that is not always the case and there are many babies who are born with serious medical conditions or injuries – or even more tragically – do not survive those injuries. When this happens, how do the bereaved parents know if it was something that the doctor had no control over or if the injury or issue was in fact caused by something the doctor did or failed to do? Was it a birth defect or a birth injury?
FDA Warns of Link Between Breast Implants and Cancer
A new statement from the Food and Drug Administration (FDA) is warning women of a link between breast implants and a certain type of cancer. According to national statistics, approximately 300,000 women receive breast implants each year, making the surgery one of the most popular plastic surgery procedures in the country.
According to the warning issued by the FDA, as of February 1, 2017, they had received 359 reports of anaplastic large cell lymphoma (ALCL), which is cancer of the immune system, that were linked to breast implants. In nine of the reports, the women had died. The majority of the reported cancers—203—were women who had been implanted with textured implants. The other 28 women had received smooth implants.
The FDA also reported that 312 of the reports specified what type of fill was used in the implants of the women who developed ALCL. Silicone gel was used in 186 of the reports and saline was used in 126 of the reports.
How Medical Malpractice Can Change a Child’s Life
Malpractice can cause pain for any patient, but when a victim is a child, a young person suffers because of the negligence of a medical professional. Children can be harder to diagnose than adults, but they deserve the same level of care of time. Infants are especially challenging because they cannot tell you how they feel. An innocent child should not get sick or die because a doctor did not do their job.
What Qualifies as Medical Malpractice
Some mistakes happen in medicine, but not all qualify as malpractice. Medical malpractice is when a standard of care is diverted from by any medical professional or institution. There is no exact definition for a medical standard of care, but across different fields, it is compared to how a reasonable professional would act in similar circumstances. For example, if a patient was misdiagnosed and not harmed by the treatment or lack of correct treatment, they likely would not have a case for malpractice.
Is a Misdiagnosis Considered Medical Malpractice in Illinois?
Many people put their trust in healthcare professionals to treat an injury or a specific medical condition. However, mistakes can and do occur, unfortunately. Often considered the most common, most costly, and most dangerous of medical errors, a missed or delayed diagnosis prevents a patient from receiving appropriate medical treatment to prevent his or her ailment from worsening. A misdiagnosis is only considered medical malpractice when a physician acted negligently and took action that another doctor would not have taken given the same circumstances. This can be difficult to prove, but an experienced personal injury attorney can help uncover evidence of this negligence.
Reasons for a Missed Diagnosis or Misdiagnosis
There are several ways that a medical mistake can happen, and although most are unintentional, they can have profound effects on a patient. In some cases, a missed or misdiagnosis can leave someone in worse health than they were before visiting the doctor or hospital. In addition, the timing of it can be critical depending on his or her condition. For example, the timely diagnosis for advanced diseases such as cancer is crucial to provide the necessary treatment such as chemotherapy or radiation, which can stop a malignant tumor from growing or spreading to other body parts.
What Are Common Surgical Errors in Illinois?
Undergoing any kind of surgery can be intimidating for patients of all ages. Regardless of the injury or medical condition, “going under the knife” can pose certain risks even for someone who is healthy or has no underlying issues. In some cases, complications may arise during the surgical procedure that could not have been predicted. However, in other situations, negligence on the part of the surgeon or medical staff may put a patient’s life in danger. Several factors can play a role, such as a physician’s incompetence, reckless behavior, or miscommunication between the surgical team assisting. If you or your loved one has suffered due to surgical errors, you may be entitled to compensation through a medical malpractice claim.
Failure to Provide Standard of Care
Medical mistakes can happen when healthcare professionals fail to uphold an expected standard of care. This includes noticing signs and symptoms of distress in a patient before or during a surgery. Medical negligence can take a variety of forms, but in the case of malpractice, it may result in devastating results for the patient. In certain cases, a person may die as a result of a complication, or if he or she survives, may have debilitating effects for the remainder of his or her life.
What Are Common Birth Injuries Caused By Medical Malpractice?
For many people, expecting a baby can be a dream come true. A lot of expectant mothers may have healthy, uneventful pregnancies. However, labor and delivery can be difficult, especially when unexpected complications arise. Parents rely on medical professionals to take the necessary precautions to prevent any serious injuries to the mother or baby during childbirth. If a physician or nurse does not properly respond to these problems, the medical facility may be liable for any birth injuries that result. In certain situations, a medical malpractice claim may help cover financial hardship due to ongoing costs for medical treatment.
Complications During Childbirth
Just because a woman had an easy pregnancy does not necessarily mean she will have a smooth delivery. In some cases, a mother may have had a vaginal delivery for her first child, but her second child may require a Cesarean section. Doctors monitor a woman’s progress throughout the pregnancy, and they are also responsible for ensuring a safe delivery. If a medical professional fails to recognize signs of distress in either the mother or baby, this can lead to life-threatening complications.
Birth Defects Caused By Medical Malpractice
The majority of children are born healthy, but three to four percent of babies will be born with a birth defect. A birth defect is a physiological or physical health concern that is apparent when a child is born. A genetic defect is more likely if it runs in the family, but birth defects can also be caused by the negligence or mistake of a doctor, nurse, or hospital.
There are over 4,000 known birth defects, and although it is not a doctor’s fault for a genetic birth defect, there are tests that can identify some defects early such as, Down syndrome, Edwards syndrome, cystic fibrosis, or muscular dystrophy. How to move forward with a pregnancy can be determined by this genetic testing. Not providing these tests, or providing misinformation, can be considered negligent, and put a mother and baby at risk.
Even during a healthy pregnancy, a birth defect is still possible for a child to develop during delivery. These disorders can be caused during birth and may be caused by the negligence of a doctor or hospital.
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9631 W. 153rd St., Suite 32, Orland Park, IL 60462
708-966-2408
