April 29, 2024

Death of Prominent Chicago Leader Prompts Federal Government to Act

It has been nearly a month since the death of James Tyree, but the federal government is looking into University of Chicago Medical Center. Tyree was the chairman of the parent company of Chicago Sun Times and chairman of Mesirow Financial. He also served on many Boards, including University of Chicago’s Medical Centers. Tyree battled medical conditions his whole life, among them he battled diabetes and had kidney and pancreas transplants and four eye surgeries. Although Tyree was suffering from stomach cancer and recovering from pneumonia, an autopsy revealed that he died from an air embolism after a dialysis catheter removal. Air embolisms are caused by oxygen bubbles in the bloodstream and can even be deadly if a substantial amount of air becomes lodged in the heart.

Although an air embolism is rare and hard to recognize, it prompted the federal government to take a closer look at University of Chicago’s Medical Center. After investigating University of Chicago’s policies and procedures of training for physician assistants and other medical personnel, the U.S. Centers for Medicare and Medicaid Services reported that it was terminating University of Chicago’s medicare payments on April 28, 2011. Their main concern; no policies to ensure that these employees were trained and able to perform central line placement–a catheter procedure. University of Chicago Medical Center has until June 20, 2011 to comply with requests made by U.S. Centers for Medicare and Medicaid Services. By that date, the hospital must show that staffers are fully capable and trained in procedures like the one that caused the death of Tyree.

University of Chicago claims that proper documentation was available and that the investigation merely showed that all the employees had proper experience, training, credentials and competency.
As of April 16, 2011, the Tyree family has not taken any legal action.

Traumatic Brain Injury Every 21 Seconds

PRWEB reported March 15, 2011 in “The Book Every 21 Seconds To Become Movie” that every 21 seconds in America, a traumatic brain injury (TBI) occurs and someone’s life is changed. The book, Every 21 Seconds, authored by a man who resides outside of Chicago, IL, has been considered by experts in the field of TBI to be the most realistic book written on the subject. The man is currently employed by United Parcel Service. The author was struck down at age 29 and given little to no hope of rediscovering. The story reconstructs the services needed after TBI, the family consequences and society’s lack of appreciation. The screenplay for the film is being written by a lead Inner Light Screenplay Writer. The film project is being presented to select investors and corporations.

TBI is a type of personal injury often caused by a severe blow to the head, damaging the internal lining, tissues, or blood vessels, leading to brain injury that causes physical and mental problems. Engage a Chicago injury lawyer for experienced representation when it comes to handling brain injury cases. Medical attention involves stabilizing the individual with TBI and preventing further injury by insuring oxygen to the brain and the rest of the body, maintaining blood flow, and controlling blood pressure. Medical diagnosis and treatment may require skull and neck X-rays to check for bone fractures or spinal instability, individually tailored physical therapy, speech/language therapy, psychology/psychiatry, and social support.

Often caused by sports, vehicle accidents, assaults, or falls, TBI can range from relatively mild to extremely severe; in the worst cases, brain injury may result in death or permanent disability. According to Centers for Disease Control and Prevention, an estimated 1.7 million people sustain a TBI annually in the United States. Of them: 52,000 die, 275,000 are hospitalized. Direct medical costs and indirect costs of TBI, such as lost productivity, totaled an estimated $60 billion in the US in 2000. TBI patients suffer high medical bills from long-term rehabilitation, and lost income from diminished ability to work. TBI symptoms include headache, confusion, lightheadedness, blurred vision, ringing ears, fatigue, vomiting, seizures, and slurred speech.

Little can be done to reverse the brain damage caused by trauma. TBI may lead to suicide, unemployment, substance abuse, and crime.

Get a Chicago attorney who understands the emotional and physical suffering resulting from TBI, and make perseverance a friend when zealously representing brain injured victims. Contact us today to learn more about your rights.

Right to Know Histories of Illinois Doctors

Chicago Tribute reported on January 8, 2011 in “Patients have a right to know, Illinois House says” that legislation is under consideration to give patients the right to know the histories of Illinois doctors, including whether the physician has been fired, convicted of a crime or has made a medical malpractice payment within the past five years. The legislation, passed by the House, Patients’ Right to Know Act, is to help patients make sure the doctor they’re seeing is not a criminal or a fraud. The current information posted on the Illinois Department of Financial and Professional Regulation’s website is whether the department has disciplined a physician. Under the bill, the regulatory agency would be required to post information about terminations, criminal convictions and malpractice payments. The doctors lobby has argued the online physician profiles would drain state resources, but a fiscal analysis showed it would cost $40,250 to maintain. Though patients can currently go through public court records on medical malpractice cases or criminal convictions, there is no place that provides this information free of charge.

In medical malpractice, the breach of a legal duty causes an injury when an injury would not have occurred but for the breach. Damages result from an injury when a patient suffers monetary or emotional losses such as death from a failure to diagnose cancer.

Common categories of medical malpractice include:

• failure to diagnose,
• mistakes during surgery,
• birth injuries,
• prescribing incorrect medication,
• surgical errors,
• hospital negligence,
• cancer misdiagnosis.

For example, a child swallows foreign metal material, and the attending physician fails to diagnose the trouble, resulting in the child’s death. Another example, a physician improperly monitors a newborn baby with a metabolic disorder, leaving the child permanently brain damaged.

Often, overwhelming medical expenses prevent people from obtaining proper diagnoses and treatments. Engage a Chicago attorney with a long history of successfully fighting for victims’ compensation in medical malpractice cases. In medical malpractice, types of damages the injured person may recover include:

• medical care,
• loss of earnings,
• pain and suffering,
• emotional distress,
• psychological counseling.

For instance, incorrect medication may result from a patient undergoing unnecessary surgery that leads to severe pain for which a doctor prescribes addictive medication, turning the patient into a drug addict. Another example, surgical error may occur when a patient undergoes an unnecessary heart catheterization and develops a blood clot in an improperly evaluated leg, leaving a patient permanently disabled.

Contact us today for an evaluation of the merits in your medical malpractice case.

Yvonne Newsome v. Homier Memorial Hospital: Understanding Medical Malpractice

In Yvonne Newsome v. Homier Memorial Hospital, et al., No. 10-CC-0564, Supreme Court of Louisiana (April 9, 2010), the plaintiff Yvonne Newsome sued Clint C. Butler, MD, John H. Smith, MD, and Homer Memorial Medical Center for medical malpractice. Sometimes, the jury system is the only protection people have when they go against educated, top-ranked physicians.

Newsome may be persuasive precedent for a personal injury case in Chicago, IL when determining medical malpractice. Medical malpractice is professional negligence by a medical provider who does not provide the reasonable standard of care to a patient, that the medical community provides, and causes injury or death to the patient. The defendants treated Newsome from December 21, 2004 to December 28, 2004.

Licensing boards require health care providers to have professional liability insurance to offset costs of medical malpractice lawsuits. With insurance, providers have the advantage of free defenses from insurance policies. Medical malpractice cases normally do not settle until an injured party files a lawsuit and after discovery. In Newsome’s case, the defendants filed a motion for summary judgment after each party conducted discovery in the form of depositions, interrogatories, and admissions. A party making a motion for summary judgment must have supporting evidence to show there are no disputes on facts, and that the only issues before the court are legal, without the need for a trier of facts.

The issue before the court in Newsome was whether the trial court erred in continuing a hearing for the defendants’ motion for summary judgment making plaintiff’s filing of an expert witness affidavit opposing the motion for summary judgment untimely.

A medical provider in Chicago breaches a duty when it fails to conform to the standard of care in the jurisdiction evidenced by expert testimony. To qualify as an expert in a medical malpractice case, a person needs sufficient knowledge, education, training, or experience in the particular field before the court to give a reliable opinion.

On appeal, the court in Newsome held that the trial court erred in continuing the defendants’ motion for summary judgment hearing because the plaintiff had at least a year to obtain the expert, but waited until the day before the defendants’ hearing to obtain the expert’s affidavit. With the court’s ruling, the case was remanded to the trial level for hearing on defendants’ motion for summary judgment.

If a medical provider has failed to provide proper treatment or care, contact a Chicago personal injury attorney for an evaluation of the merits of any medical malpractice case.