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Everyone has heard stories about a doctor operating on the wrong leg or giving someone the wrong dosage of a drug. These are just some examples of medical errors that occur every day in this country. Those types of mistakes can be the basis for a medical malpractice claim.

Medical Errors May Be Third-Leading Cause of Death in United States

Doctors have known for a long time that medical errors are prevalent. However, it is not a popular topic of discussion in the medical community, and no one knew how often they actually occurred. A recent study looked into the issue and found that medical errors might now be the third-leading cause of death in the United States.

The study estimated that if medical errors were accurately documented, they would account for 251,000 deaths per year. That comes out to 700 deaths per day, or about 9.5% of all deaths annually in the United States. This would put medical errors below only heart disease and cancer, and account for more deaths than those resulting from respiratory disease, accidents, and stroke.

The prevalence of medical errors had not been apparent for a long time because of the way deaths are recorded. The Centers for Disease Control uses a coding system that does not record common medical errors like communication breakdowns and diagnostic errors. The coding system counts only the “underlying cause of death,” which is the condition that led the person to seek medical treatment. However, the growing awareness in the medical community pushed researchers to find out more. Researchers noted that some errors result from careless medical providers, but others result from communication breakdowns, which can occur when a patient gets transferred from one facility to another.

 

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A new study released earlier this month concluded that potentially hazardous nanoparticles were identified in powdered baby formula products made by Gerber, Enfamil, Similac, and Well Beginnings. According to the results, six out of six of the products that were tested contained unlabeled nanotechnologies. These nano-sized particles and structures included nano-hydroxyapatite in both non-needle and needle-like forms, nano titanium dioxide, and nano silicon dioxide.

According to the researchers, nanotechnologies are accelerating at such a quick pace that the regulatory authorities cannot keep up with ensuring that these new products are incorporated into our food system safely. This is particularly essential for infants, babies, and toddlers who are still developing and highly susceptible to toxins and other dangerous foods.

The companies that manufacture these brands include Nestle, Mead Johnson, Abbot Laboratories, and Walgreens. The researchers issued letters to the U.S. Food and Drug Administration, asking them to remove the formulas containing the nanomaterials and to impose a cessation on the incorporation of these nanoparticles in baby formula until their safety has been assessed properly. They also call for stricter oversight of nanotechnologies in food products and call for a labeling program to be established.

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On TV, every case seems to go to trial. However, in the real world, most cases settle. The parties come to an agreement, and the defendant pays an agreed-upon amount to the plaintiff. There are a number of reasons parties agree to settle a case, including a faster resolution, a guaranteed amount of money, and avoiding the high cost of a trial.

But just as an experienced attorney is essential during a trial, an experienced attorney is also essential during settlement negotiations. An experienced attorney will investigate a client’s case to see how strong the claim is and advise his client about how much the claim may be worth. There are a number of factors to consider, including the strengths and weaknesses of available evidence, the outcomes of similar cases, policy limits, statutory limits, and the defendant’s resources.

In calculating damages, verdicts and settlements can also consider the value of the plaintiff’s present and future lost earnings, profits, or salaries. In Illinois, the Illinois Supreme Court has stated that expert testimony is not required to establish loss of future earning ability, so a plaintiff may be able to provide testimony about future earning ability on their own. In cases involving celebrities, damages based on a person’s future earnings can run very high.

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Johnson & Johnson, a manufacturer of controversial talc products, has stated that it intends to appeal a $55 million verdict against it awarded by a Missouri jury. The jury concluded that the product maker was liable for injuries the plaintiff sustained after using its talcum powder products, including ovarian cancer. According to the plaintiff, she used Johnson & Johnson’s talc products for several decades on her genital region. She was eventually diagnosed with ovarian cancer, requiring a hysterectomy and other related surgical procedures.

According to a statement released by Johnson & Johnson following the recent jury verdict, the manufacturer believes that the jury’s conclusion contravenes roughly 30 years of scientific studies from researchers around the world, concluding that cosmetic talc does not pose health and safety risks.

This litigation marks the second verdict against the health care company. Earlier, another jury in Missouri returned a $72 million verdict against the company in a case involving a woman who developed ovarian cancer and died after using Johnson & Johnson’s Baby Powder and Shower to Shower products for multiple decades. In 2013, a South Dakota jury returned a mixed verdict in another case involving allegations of cancer-related injuries after using the company’s talcum-based products. Although the jury concluded that Johnson & Johnson was negligent, it did not award any damages to the plaintiff because her cancer had gone into remission when the trial commenced.

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Sometimes, even when an individual has a valid claim, a failure to comply with procedural requirements can destroy one’s case. In a recent case, one man’s claim came to a halt after he failed to provide written notice within the required period.

The plaintiff fell down a set of stairs at City Hall and had to go to the emergency room for injuries he suffered as a result. He alleged that he tripped on an uneven stair tread. Almost six months later, the man spoke to an officer in the finance department at City Hall about his fall and medical expenses. A few weeks later, he provided the city with written notice that he was filing a claim, and he filed a claim against the city a few months later.

The city argued that the plaintiff filed his claim too late, since he filed his written notice after 180 days. Under state law, a written notice of claim against a governmental entity had to be filed within 180 days of the incident. The plaintiff argued that he complied with the statute, since although his notice was filed after 180 days, he had spoken to a city official beforehand, and they were aware of the incident and were not prejudiced as a result.

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Earlier this month, the U.S. Food and Drug Administration made an announcement regarding the safety of using a number of mental health drugs. According to the statement, Zyprexa, Zyprexa Zydis, Zyprexa Replrevv, and Symbyax may cause patients to develop serious complications, such as facial swelling, swelling in the lymph glands, and fevers accompanied with a rash. These symptoms are referred to as Drug Reaction with Eosinophilia and Systemic Symptoms, or DRESS.

A patient experiencing DRESS may first identify a rash on his or her body that begins to spread. Swelling in the face or lymph glands occurs due to a higher-than-average reaction of infection-fighting white blood cells to the situation. This is called eosinophils.

So far, there have been 23 known reports of patients who have experienced DRESS while taking these drugs, which are olanzapine-based. The first product containing olanzapine was approved by the FDA in 1996. The drug has been prescribed to treat mental health conditions like bipolar disorder and schizophrenia. While Zyprexa, Zyprexa Zydis, Zyprexa Relprevv, and Symbyax are the common names under which olanzapine is sold, there are also generic brands for the drug.

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All surgeries carry some risk, but some carry more than others. Certain procedures carry high risks for complications and even death. But even when an injury or death occurs during or after high-risk surgeries, medical malpractice may still occur. Medical malpractice laws exist in order to protect patients from negligent medical treatment, even in high-risk situations.

Medical Malpractice Claims

Medical malpractice claims permit patients to recover damages based on negligent medical care. In medical malpractice claims, a plaintiff has to prove that the defendant owed a duty of care to the plaintiff, that the defendant failed to exercise reasonable care, and that the plaintiff suffered injuries and damages as a result of the breach of the standard of care.

In order to win a medical malpractice claim, a patient has to show that a health care provider breached the standard of care. The standard of care is what other health care providers in the same specialty would use in the same or similar circumstances. Medical malpractice cases demand experienced attorneys and medical experts who can explain what the standard of care is and how it was breached. If a malpractice claim is successful, a plaintiff may be able to recover damages, not just for economic costs such as medical bills but also for noneconomic forms of harm, including lost income and mental anguish.

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A woman was undergoing a cardiac catheterization procedure when her artery was dissected, and the woman died as a result. Her family then sued the treating physician for wrongful death. The case went to trial, and the jury found in favor of the family in the amount of almost $2 million for economic damages and $9 million for noneconomic damages. However, a Missouri state law limited the amount of noneconomic damages, reducing the noneconomic damages award to $350,000. The state’s supreme court held that the state law was permissible and left the reduction in place.

The law in question stated that in medical malpractice claims arising from a failure to render health care services, plaintiffs cannot recover more than $350,000 for noneconomic damages. The plaintiffs argued that the law violated the state constitution because it violated the right to trial by jury. However, the court rejected this argument, finding that the statute simply placed a limit on the amount of noneconomic damages that could be awarded. Thus, the court found the law constitutional, and the award limit remained in place.

Noneconomic Damages Limits in Illinois

Illinois does not have a limit on noneconomic damages. In 2006, the Illinois legislature placed caps on noneconomic damages in medical malpractice cases. However, the Illinois Supreme Court subsequently found that those caps were unconstitutional. Accordingly, any medical malpractice claim filed after the decision is not subject to a limit on damages, and the award amount is unlimited. The Illinois Supreme Court reasoned that judges and juries should be able to decide how much a plaintiff is owed based on the individual case. Illinois plaintiffs can receive any amount of damages that a judge or jury believes should be awarded, without being limited by an artificial damages cap.

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A new study released last month concluded that the class of medications referred to as proton pump inhibitors (PPIs) can lead to cognitive decline disorders like dementia. The study involved patients who took PPIs like Prilosec, Nexium, and Prevacid between 2004 and 2011. The full range of pharmaceuticals covered in the study includes raberprazole, esomeprazole, pantoprazole, omeprazole, and lansoprazole.

Roughly 73,600 patients were involved in the study. The patients were over the age of 75 years and did not show signs or a history of dementia at the time the study commenced. At the conclusion of the study, the researchers determined that patients who regularly took PPI medications “had a significantly increased risk of incident dementia compared with patients not receiving PPI medication.”

Until recently, lawsuits filed against AstraZeneca, the maker of Prilosec, Nexium, and Prevacid, have involved allegations that the patients who took the prescription drugs suffered from kidney diseases and heart attacks. This new research provides another potential basis for obtaining recovery from AstraZeneca. If you or a loved one took one of the prescription drugs covered in the study and developed dementia, you may be entitled to compensation.

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Civil trials are often thought of as determinations about whether a defendant is liable. However, the issue of liability is only one of the issues decided in a trial. Trials also determine the amount of compensation awarded to the injured party. In a recent case against city and county governments, the defendants admitted liability but proceeded to trial only on the issue of damages.

A woman sued the city and county after being injured in a car accident. The woman was riding on a county bus when the bus was hit by a city fire department van. She was thrown from the bus and landed on the street. She then sued the city and county. The city and county admitted that they were liable, but they continued to trial on the issue of damages. The defendants argued that a spinal fusion surgery the woman had after the accident was an unnecessary procedure. The case was decided in favor of the woman for $575,203, including her costs for the spinal fusion surgery, and an appeals court affirmed the decision.

Governmental Immunity

Tort immunity afforded to the federal, state, and local governments generally makes them immune to lawsuits. It comes from the idea that a government that makes the laws cannot break the laws. It was also thought that lawsuits against the government could be so numerous that the government would never be able to pay them all. However, governmental immunity has been modified in recent years to permit tort actions against certain entities for specific reasons.

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