Posted On: February 24, 2009

Birth Injuries Are Devastating to Children and Parents

Birth injuries are tragic and traumatic for parents, the child, and the whole family. Compared to the number of healthy live births in the United States, those children born with injuries are a small percentage. Improved medical devices and practices have reduced the number of birth injuries and can go a long way to preventing future birth injuries.

Baby2.jpgFor example, clinicians use electronic fetal monitoring (EFM) and ultrasound equipment to visualize the fetus to confirm that the unborn child is moving, breathing, and posturing properly and to evaluate the amniotic fluid and monitor the laboring mother’s contractions. All of this information is used to detect signs of fetal distress including hypoxia, which is the lack of oxygen, and ischemia, which is the lack of blood flow.

If there is a detection of non-reassuring fetal heart tones or indications of over stimulation of the uterus during the early stages of labor then the fetal environment can become threatening and very dangerous. When the fetus is endangered the risk of neurological damage, asphyxiation, and other birth injuries increases.

Continue reading " Birth Injuries Are Devastating to Children and Parents " »

Posted On: February 23, 2009

Passenger Bus Crashes Increase In Frequency As Safety Issues Arise

Evidence shows that bus passengers in Illinois and nationwide run a higher risk today than in the past. Whether due to poor oversight, poor bus design, maintenance problems, or inattentive operators, the level of safety on the average commercial bus is far from what it should be. If these issues are not corrected then there will be a continued rise in the number of injured and killed passengers and tragic bus crashes.

Bus%201.jpgOne way to stem the increase in passenger injuries and deaths could be an increase or stricter enforcement of regulations in place to protect the traveling public. Poor reinforcement of the current regulatory structure has resulted in an environment where a bus company and its drivers operate freely without any fear of consequence.

Another measure is to increase safety features. Research has proven again and again that an increase in safety features can increase survivability in bus crashes. Yet commercial buses are not nearly as safe as they should be. Unlike safety measures taken in airplanes or cars, advances in passenger safety on buses have been slow. There are many ways to make buses safer.

For example, seat belts have been standard on both airplanes and automobiles, but not on buses. Incredibly most buses are not even equipped with seat belts.

Buses could also be made more crash worthy. The strength of a bus roof depends on its support structure. The pillars between the windows of the bus are critical. The bus manufacturers have enlarged their vehicles’ windows for the convenience of passengers, but the support structure for the roofs has been compromised.

Continue reading " Passenger Bus Crashes Increase In Frequency As Safety Issues Arise " »

Posted On: February 20, 2009

Detecting Traumatic Brain Injury In Salmon

For decades scientists have been interested in the migration patterns of salmon. Recently scientists have discovered that alterations in salmon swimming patterns from the re-direction of streams and rivers has led to an increase in bruising on the fish. In fact, these salmon are found to have signs of brain injury.

Salmon%201.jpgThe symptoms of brain injury were discovered when scientists began monitoring the effects of dams along salmon runs to detect the amount of force it put on the migrating fish. Scientists used everything from dummy fish containing accelerometers to even embedding sensors in live fish. These methods allowed scientists to detect brain injury in salmon.

This is important for the medical community because it mirrors the way that traumatic brain injury is detected in humans. Several years ago a researcher at the University of Florida experimented with testing for evidence of the breakdown of proteins found in cell membranes in order to assess traumatic brain injury in soldiers. The theory behind this method is that cell damage releases enzymes that break this specific protein into small compounds.

So when testing for traumatic brain injury in salmon the researchers applied a similar nonlethal test to the one used in humans that would examine spinal fluid for evidence of the breakdown products. Although more challenging in fish, the results are positive in the medical detection of traumatic brain injuries in both humans and salmon.

Continue reading " Detecting Traumatic Brain Injury In Salmon " »

Posted On: February 18, 2009

No Contributory Fault for Illinois Animal Control Act Held By Illinois Appellate Court

In a case involving injury to a 7 year-old who was kicked in the back by a horse, the Illinois Appellate Court decided the question of whether contributory fault was a valid defense to the lawsuit.

Horse%201.jpgThe plaintiff brought this personal injury case seeking compensation under the Illinois Animal Control Act which provides:

If a dog or other animal, without provocation, attacks, attempts to attack or injures a person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby. 510 ILCS 5/16.

In this case, the trial judge allowed the defense of contributory negligence. But the court looked to the case of Johnson v. Johnson, 2008 WL 4830822 (1st Dist., Nov. 5) to reverse the trial court's judgment. Johnson found that "A plaintiff’s contributory fault is only relevant to the extent that it relates to the element of provocation. It is not a defense in and of itself."

The Animal Control Act is a derogation of common-law and is not a strict liability statute. Therefore it does not impose strict liability on animal owners whose animal inflicts injuries upon others.

Continue reading " No Contributory Fault for Illinois Animal Control Act Held By Illinois Appellate Court " »

Posted On: February 17, 2009

Spinal Cord Injury Clinical Trial Given Go-Ahead to Inclue Stem Cell Research

The U.S. Government has given the go-ahead for the world’s first test in people of a therapy derived from human embryonic stem cells. The federal drug regulators have said that political considerations had no role in this decision. It did however coincide with the inauguration of President Obama who has pledged to remove the restrictions placed on the field by the previous administration.

Stem%20cells%201.jpgThe FDA approval comes a little more than 10 years after the first human embryonic stem cells were isolated at the University of Wisconsin. Because these cells can turn into any type of cell in the body, the theory is they may one day be able to provide tissues to replace worn-out organs or non-functioning cells to treat diabetes, heart attacks and other diseases. The field is known as regenerative medicine.

The clearance of the clinical trial is to be announced by the biotechnology company, Geron . The trial focuses on treating spinal cord injuries, which could help people suffering traumatic injuries from car accidents or motorcycle accidents. When Geron first applied to the Food and Drug Administration to conduct the trial last March their request was refused and more information was requested about the trial.

Continue reading " Spinal Cord Injury Clinical Trial Given Go-Ahead to Inclue Stem Cell Research " »

Posted On: February 11, 2009

Chicago Attorney Robert Kreisman Attends a Civil Justice Conference

This year New Orleans was the host city for the American Association for Justice’s mid-year meeting. Illinois attorney Robert Kreisman, a civil justice attorney, attended the seminars and the birth trauma litigation group’s day long event on Monday, February 9, 2009.

NOLA%2020709%20020909%20008_1.jpgAttorneys practicing civil justice traveled from all over the United States to attend the meetings. Different seminars were available each day from Saturday, February 7 through Wednesday, February 11, 2009. At the birth trauma litigation group’s full day seminar, attendees were treated to new developments in electronic fetal monitoring tracing and other issues in medicine, nursing, and hospital practices.

Additionally, the AAJ conference featured a session with a emergency department physician speaking about sepsis, pneumonia, strokes and other potential medical malpractice issues in the emergency department.

All of the speakers, medical professionals and colleagues provided insight and valuable new information to keep up to date on medical legal practices.

Continue reading " Chicago Attorney Robert Kreisman Attends a Civil Justice Conference " »

Posted On: February 10, 2009

Illinois Workers' Compensation Act Allows for the Termination of Employment Benefits After Firing

According to an Illinois Appellate Court, if an injured employee is fired for conduct related to his or her Illinois workers' compensation claim, then he or she is not entitled to benefits for temporary disability under the Illinois Workers' Compensation Act. Interstate Scaffolding, Inc. v. Workers’ Compensation Commission, 2008 WL 4658600 (W.C. Comm. Div., Oct. 20).

Hard%20Hat%20yellow%201.jpgIn Interstate Scaffolding, an Illinois worker was injured on the job when the emergency team dropped him from a backboard. The worker hit his head and suffered a concussion, blurred vision and other medical issues.

After returning to work with restrictions to light duty, the worker was found to have written “religious maxims” on the walls of a storage room. A few months later he was in a verbal confrontation with an assistant to the company’s president. Shortly after this occurred the worker was fired.

The legal question of first impression was whether or not this worker lost the right to his temporary total disability benefits (TTD) when he was fired for conduct that was allegedly unrelated to his workers' compensation claim.

Under Illinois law, claimants seeking TTD benefits must prove only that they are not working, but that they are unable to work. The dispositive inquiry is whether the claimant’s condition has stabilized and whether the claimant has reached his or her maximum medical improvement. This requires a medical release to return to work, medical testimony or evidence concerning the claimant’s injury and the extent of the injury. Once the claimant has reached maximum medical improvement, the disabling condition has become permanent so he is no longer eligible for TTD benefits.

Continue reading " Illinois Workers' Compensation Act Allows for the Termination of Employment Benefits After Firing " »

Posted On: February 8, 2009

Illinois Appellate Court Finds Doctor Not Qualified As Medical Malpractice Expert

An Illinois oncologist was found not to be qualified to testify as an expert witness in a Chicago medical malpractice case against a surgeon accused of failing to diagnose and treat a patient’s lymphoma. McWilliams v. Dettore, et al., No. 1-07-0678.

Medical%20Symbol%202.jpgIn a split decision, the Illinois Appellate Court for the First District affirmed a Chicago Cook County Circuit Court Judge’s granting of a motion in limine brought by the defendant in a medical malpractice suit. The motion was brought to prevent plaintiff's named physician expert from testifying that the defendant violated the standard of care when he chose not to perform a biopsy on the plaintiff’s swollen lymph node. The motion focused on the fact that the physician expert was a hematologist/oncologist, whereas the defendant was a surgeon.

However, the difference in specialties had nothing to do with the court’s decision to bar the plaintiff’s expert. Rather the court found it key that the physician expert had no experience with a surgeon's decision-making process in deciding whether or not to perform a biopsy.

In his opinion, Judge Garcia stated that in order for a medical expert to be able to testify as to what the medical standard of care is for a given physician, he or she must be able to "step into the shoes" of that doctor. Judge Garcia found that while the oncology expert in this case might be critical of the defendant's decision to not obtain a biopsy, he did not demonstrate in his testimony that he was familiar with the medical standards guiding a surgeon's medical judgement.

Continue reading " Illinois Appellate Court Finds Doctor Not Qualified As Medical Malpractice Expert " »

Posted On: February 6, 2009

Cook County Verdict in Medical Malpractice Misdiagnosis Case Gets Second Chance in Medical Malpractice Case

At the completion of a jury trial where the family of the deceased patient received a verdict of $3.6 million in an Illinois wrongful death case, a Cook County Circuit Court judge entered a verdict in favor of the defendant notwithstanding that verdict. However, on appeal, the Illinois Appellate Court reversed the trial judge’s decision and ordered that the case be returned on a motion for a new trial. Walton v. Dirkes, No.-08-0461.

Blood%20vial%201.jpgThe key issue in the case was whether or not the the patient had reported symptoms that would have matched a diagnosis of acute lymphoblastic leukemia, which wasn’t diagnosed until hours before his death.

The acute lymphoblastic leukemia went undiagnosed during two office visits to the defendant doctor. It wasn't until Walton was admitted to the emergency room at Loyola University with an alarmingly high white blood count that the correct diagnosis was made. He died the next day from cardiac arrest related to his acute lymphoblastic leukemia.

Continue reading " Cook County Verdict in Medical Malpractice Misdiagnosis Case Gets Second Chance in Medical Malpractice Case " »

Posted On: February 3, 2009

Class Action Settlement in Chicago Hospital Overcharing Case Grants Patients Vouchers for Future Services

Chicago-based Resurrection Health Care has dispensed with a class action lawsuit by settling with uninsured patients who allegedly were excessively charged. Under the settlement agreement these patients will be issued vouchers for future health services at Resurrection Health Care facilities. Niewinski et al. v. Resurrection Health Care.

Notices have been sent to Med%20Money%202.gifsome 220,000 former patients informing them that they might qualify for the vouchers. The value of each voucher to be awarded will be determined on an individual basis and depend on payments that the uninsured patient made to the hospitals. In order to be considered for a voucher, a patient must have paid some or all of at least a $500 medical bill during a one year period from September 2001 to September 2008.

It is important to note that although Resurrection agreed to this settlement, it continues to deny any allegations of wrongdoing. However, since the settlement it has modified its billing structure and reduced the charges to all uninsured patients.

Resurrection Health Care System’s network includes the following Chicago hospitals: Resurrection Medical Center, St. Mary and St. Elizabeth’s Medical Center, St. Joseph’s Hospital, and Our Lady of the Resurrection Medical Center. The extended network also includes St. Francis Hospital of Evanston, West Suburban Medical Center in Oak Park, Holy Family Medical Center in Des Plaines, and West Lake Hospital in Melrose Park, Illinois.

For more information on obtaining your voucher, please contact Resurrection Health Care.

Continue reading " Class Action Settlement in Chicago Hospital Overcharing Case Grants Patients Vouchers for Future Services " »

Posted On: February 2, 2009

Illinois Truck Accident Insurance Coverage Will Be Decided On By Illinois Supreme Court

In September 2008, a Illinois First District Appellate Court decision ordered Zurich American Insurance Company to cover a Illinois wrongful-death lawsuit against its insured Key Cartage and Terry Washington. Zurich American Insurance Co. v. Key Cartage, 2008 WL 4445122 (1st Dist., Sept. 30). The Illinois Supreme Court has agreed to hear this appeal in the case where Rose Services, an affiliate of Key Cartage, had leased the truck from Franklin Truck Group to haul waste.

Semi%20truck%201.jpgIt had been argued that Zurich should be obligated to provide co-primary insurance coverage because it issued a trucker’s insurance policy to Rose Services. Zurich argued that coverage was barred because a reciprocal coverage provision in its policy meant that unless it provided coverage to Franklin, Zurich was not obligated to provide coverage to Key.

The Illinois Appellate Court ruling, an issue of first impression, held that Zurich was required to provide omnibus coverage, which would extend the policy to any permissive driver of the truck. In their opinion the appellate court held that “[a]s a matter of public safety, Illinois public policy warrants mandatory omnibus coverage for commercial truckers that should not be limited by private agreement.”

Continue reading " Illinois Truck Accident Insurance Coverage Will Be Decided On By Illinois Supreme Court " »