Chicago Medical Malpractice Lawyer Blog

According to a recent survey, some doctors have a hard time telling their patients the truth. One-third of doctors think they should not disclose serious medical errors to their patients. Only two-thirds of doctors say they should disclose these mistakes to their patients. As a Chicago medical malpractice lawyer, this study is hardly surprising and, in fact, only tells part of the story.

An estimated 100,000 deaths occur every year from medical errors. A medical error is a preventable medical mistake that adversely impacts a patient. When a medical malpractice lawsuit is filed, the ultimate test is whether the doctor deviated from the "standard of care." In most jurisdictions, the standard of care is what a reasonable doctor would have done under the same or similar circumstances.

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After nine hours of deliberation, the jury in the involuntary manslaughter trial against Michael Jackson's doctor reached their verdict. Dr. Conrad Murray was found guilty of gross medical negligence in Jackson's death. As a Chicago medical malpractice lawyer, I was very pleased to see the jury, in my opinion, reached the right verdict.

After six weeks of dramatic testimony, which included overt displays of emotion by Dr. Murray, the doctor showed no emotion as the California jury returned its verdict. Dr. Murray faces up to four years in jail. The judge, in an unusual move, refused to set a bail for Dr. Murray feeling the doctor was a potential flight risk and the risk to others. Instead, Dr. Murray was place in hand cuffs and led out of the courtroom.

Early on in the trial, it was apparent the main issue in the case was whether Dr. Murray caused Jackson's death. After all, there was no credible testimony offered by any expert that would justify Dr. Murray's use of propofol, an anesthesia type drug, in a home setting to help Jackson sleep. The fact Dr. Murray was paid $150,000 a month to give Jackson the drug did not help matters. Dr. Murray's defense team instead focused on blaming Jackson and others for Jackson's death.

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There have been many studies over the years measuring the care hospitals provide to patients. Few studies have measured how individual doctors provide medical care. The Wisconsin Collaborative For Healthcare Quality recently revealed the results of their new study that publicly measured the care provided by individual doctors. The results show public disclosure of how individual doctors provide care resulted in improved healthcare by doctors. As a Chicago medical malpractice lawyer, I am encouraged by these results of this study and would like to see similar public disclosure measures implemented in the future on a broader scale.

The premise of the Wisconsin Collaborative is quite simple: to improve quality healthcare, you must measure it. Led by Professor Geoffrey Lamb of the Medical College of Wisconsin, the latest Collaborative study compared medical care given to diabetic patients by physician practices belonging to the collaborative with the care given by physician in Iowa, South Dakota and national performance measures. The study found an improvement by members in the collaborative in every measure. Dr. Lamb observed "[t]he thing that really impressed me is the people who performed the lowest when they started had the greatest improvement." Simply put, "[t]hey cared where they were in ranking."

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For weeks, Dr. Conrad Murray's defense team has been arguing Dr. Murray did not cause Jackson's death. Instead, the defense has been blaming Jackson himself claiming Jackson gave himself additional propofol when Dr. Murray temporarily left the room. In doing so, the defense has sought to shift blame from Dr. Murray to Jackson claiming Jackson is the cause of his own death. At various points in the trial, the defense has introduced another figure as being at least partially responsible for Jackson's death. That person is Jackson's former dermatologist, Dr. Arnold Klein. As a Chicago medical malpractice lawyer, I am quite familiar with this defense tactic commonly referred to as the "empty chair" defense.

Although Dr. Murray is on trial for involuntary manslaughter, the case has played out much like a civil medical malpractice trial. Like a civil case, the prosecution must show Dr. Murray deviated from the standard of care and that Dr. Murray's deviation from the standard of care was at least a cause of Jackson's death. In some malpractice cases, the defense will seek to blame another person who is not a defendant in the lawsuit. The defense may literally, if not figuratively, point to an empty chair saying the person is responsible for the malpractice is not even in this courtroom. This is commonly referred to as the "empty chair" defense. With this tactic, the defense seeks to avoid responsibility by shifting blame from their client to someone not a party to the lawsuit. In the trial against Dr. Murray, his defense lawyers are blaming Jackson and another doctor, Dr. Arnold Klein.

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Dr. Murray's defense team continues to deny he is responsible for Michael Jackson's defense, claiming Jackson gave himself the fatal dose of propofol. The latest evidence offered by the defense at trial came from two witnesses. Jackson's former nutritionist (and nurse) testified Jackson often discussed his need for propofol to sleep. Jackson's former concert promoter testified about the demands of Jackson's upcoming tour. As a Chicago medical malpractice lawyer, I continue to be fascinated by how this case is being tried.

Dr. Murray is on trial in California charged with involuntary manslaughter for the death of pop singer Michael Jackson in 2009. The prosecution claims Dr. Murray recklessly provided the anesthetic propofol for sleep, which ultimately resulted in Jackson's death. The defense denies Dr. Murray acted recklessly and, in either event, denies Dr. Murray's actions resulted in Jackson's death. If convicted, Dr. Murray faces up to four years in prison.

Although Dr. Murray claims Jackson killed himself by giving himself propofol while Dr. Murray temporarily left Jackson's room, the defense does not seem to have any direct evidence of this claim. Instead, the defense is relying on circumstantial evidence. The defense hopes the jury will piece together various evidence to create reasonable doubt on whether Jackson gave himself the fatal dose of propofol. However, this theory is problematic. If the jury concludes it does not matter whether Jackson gave himself propofol because, ultimately, Dr. Murray should have never brought propofol into Jackson's home, then Dr. Murray could still be found guilty. Consistent with this theory, prosecution experts earlier testified they still believe Dr. Murray is responsible for Jackson's death regardless of whether Jackson gave himself the fatal dose. They reason it was extreme medical malpractice to give propofol in a home for sleep purposes.

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Many clinical physicians have financial interests in private health companies (or organizations) including pharmaceutical companies. This fact has long been known. However, according to a recent study, most clinicians who draft practice guidelines have a financial interest in at least one private health company or organization. As a result, there is an inherent financial conflict of interest for these clinicians who draft practice guidelines. Among those doctors who have financial conflicts of interests, some fail to even disclose their conflict of interest yet actively participate in drafting important practice guidelines that directly effect patients. As a Chicago medical malpractice lawyer, I believe these conflicts of interest are extremely concerning. This is particularly true when the clinician fails to disclose their financial conflict of interest yet participates in drafting practice guidelines that further their own financial interests.

A practice guideline is a document designed to guide medical decisions and criteria regarding diagnosis, management, and treatment in particular areas of medicine. These documents often include a summary of consensus on best practices in healthcare. Doctors routinely rely upon these guidelines in formulating important medical decisions for their patients. For all these reasons, it is critical that these guidelines be completely safe, sound, and reliable.

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Week two of the criminal trial against Dr. Murray for Michael Jackson's death is now complete. Dr. Murray is accused of manslaughter in connection with the pop singer's death. The prosecution's primary contention is Dr. Murray' recklessly gave Jackson propofol, a surgical anesthetic, which led to Jackson's death. The defense claims Jackson caused his own death when he secretly took propofol while Dr. Murray was out of the room. As a Chicago medical malpractice lawyer, I have been following this trial closely. I am particularly interested in learning what evidence the defense will use to claim Jackson took propofol himself without Dr. Murray's knowledge or consent. Thus far, there has been no direct evidence to support the defense's contention. Instead, the evidence on Jackson allegedly taking propofol himself has been circumstantial.

It seems Dr. Murray will not be taking the stand in his own defense. Thus, Dr. Murray will seek to rely on other sources of evidence for his claim Jackson took propofol behind Dr. Murray's back. A recorded statement by Dr. Murray to detectives has yielded some evidence to support Dr. Murray's claim Jackson caused his own death with propofol. On the recorded statement, Dr. Murray is heard telling detectives that Jackson begged for his "milk," the nickname Jackson apparently used for propofol. Dr. Murray told detectives he had been trying wean Jackson off propofol, after suggesting Jackson may have been addicted to the drug. Dr. Murray further told detectives he had not given Jackson propofol for three days before his death but relented the morning just before Jackson died. That morning, Dr. Murray told detectives he gave in and provided Jackson a small dosage of propofol after Jackson begged and pleaded for the drug. Dr. Murray then claims that, after stepping away from monitoring Jackson for a two-minute bathroom break, he returned to find Jackson not breathing.

Based on the recorded statements to detectives, Dr. Murray's defense has provided some evidence for its theory Jackson taking propofol when Dr. Murray was not looking. During Dr. Murray's two-minute bathroom break, the defense suggests Jackson took propofol. Jackson was not breathing when Dr. Murray returned because of the added propofol he gave himself and that added dosage resulted in Jackson's death.

Continue reading "No Direct Evidence Jackson Took Propofol Himself: Week 2 Dr. Murray Trial" »

According to recent research, hospitals that have won the "Magnet Hospital" designation for high nursing standards were more likely to adopt safe patient care practices. A magnet hospital is one that has earned Magnet Recognition Status from the American Nurses Credentialing Center (or ANCC) . As a Chicago medical malpractice lawyer, I agree hospitals that have earned this recognition tend to provide safer patient care than those that have not but this should not be the sole basis upon which to choose a hospital.

There are currently 383 Magnet hospitals across the country. These hospitals tend to concentrate on certain characteristics like nursing autonomy, evidence-based care, and job satisfaction (among other variables). As reported in the Journal of Nursing Administration, magnet hospitals had significantly higher composite safe practice scores than non-magnet facilities. The ANCC states on its website that "Magnet Recognition Program recognizes healthcare organizations for quality patient care, nursing excellence and innovations in professional nursing practice." ANCC also claims patients rely on whether a hospital has been awarded Magnet status in choosing a hospital.

To be fair, Magnet hospitals have certain advantages that may explain, in part, their higher scores. For example, Magnet hospitals are more likely to have larger bed size, be nonprofit, and have reduced percentage of Medicare and Medicaid patients. In addition, they tend to have more advanced technology, have a greater percentage of RNs to LPNs and nursing assistants, and a higher level of nurse intensity (based on nursing hours per patient day). These and other characteristics may allow Magnet hospitals to be better able to adopt the safe practices outlined by the ANCC.

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As week two of Dr. Murray's criminal trial begins, the testimony from week one was very damaging but not necessarily fatal. Dr. Murray is accused of involuntary manslaughter. The prosecution seeks to prove Dr. Murray recklessly caused the pop singer's death by giving Jackson the surgical anesthetic drug propofol. In their opening statement, the primary defense was that Michael Jackson was the cause of his own death saying he gave himself addition propofol when Dr. Murray left the room. In addition, Dr. Murray's team smartly avoided focusing on Dr. Murray's own actions. As a Chicago medical malpractice lawyer, I believe last week's testimony (as outlined below) has caused serious damage to Dr. Murray's case. However, Dr. Murray still has a chance of being found not guilty if the jury is left with reasonable doubt about the cause of Jackson's death.

The first round of damaging testimony against Dr. Murray was from Jackson's former security guard, Alberto Alvarez. In short, Mr. Alvarez testified that Dr. Murray asked him to gather up all the propofol and other drug related items before calling 911. Propofol is a surgical anesthetic that, according to prosecution, Dr. Murray recklessly administered to Jackson and ultimately led to Jackson's death. Investigators later found eleven bottles of propofol hidden in a cabinet drawer in another bedroom of Jackson's home. Assuming Dr. Murray did seek to conceal the propofol before calling 911, this is strong evidence that Dr. Murray attempted to cover up the cause of Jackson's death.

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On September 27, 2011, prosecutors began their opening statements in the criminal trial against Dr. Conrad Murray for the death of Michael Jackson. Dr. Murray is charged with involuntary manslaughter. With this charge, prosecutors are not claiming Dr. Murray intentionally killed Jackson. Instead, prosecutors must essentially prove Dr. Murray unintentionalyl killed Jackson through illegal or reckless behavior. Specifically, the behavior at issue is the surgical drug, propofol, which Dr. Murray administered to Jackson to help him sleep. As a Chicago medical malpractice lawyer, I only handle civil (rather than criminal) cases against doctors and hospitals. Nonetheless, I am fascinated to see how this case will be prosecuted and defended.

In their opening statement, prosecutors previewed the evidence for why the jury should find Dr. Murray responsible for Jackson's death. They claim Dr. Murray abandoned "all principles of medical care" when he used the drug propofol, a surgical anesthetic, to put Jackson to sleep each night for months. They also went into detail about the grave dangers surrounding the drug propofol and its intended purposes--which does not include giving it to help someone to sleep.

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Researchers from Sweden have just issued an astounding report on adverse drug reactions. Roughly half of all adverse drug reactions are preventable. This is true whether the patient is in or outside of a hospital. As a Chicago medical malpractice lawyer that handles medication error cases, I was even shocked by these findings.

An adverse drug reaction is a negative, unintended response to a medication that causes harm. According to the US Food and Drug Administration, the Centers for Education and Research Therapeutics, over 2 million serious adverse drug reactions occur every year. Adverse drug reactions are the 4th leading cause of death--ahead of pulmonary disease, diabetes, AIDS, pneumonia, accidents and automobile deaths. The costs associated with adverse drug reactions totals $136 billion dollars a year. For purposes of this article, a medication error is a preventable adverse drug reaction (which should not have occurred had the healthcare professional acted appropriately).

In the most recent Swedish study, researchers used seven databases from across the world for articles on adverse drug reactions that occurred during hospital stays or outpatient care. Twenty-two articles were identified and utilized. The team found that 51% of outpatient care adverse drug reactions (which then required hospitalization) were actually preventable. For elderly patients, the number was even higher; 72% of adverse drug reactions involving the elderly were preventable. The numbers are not much better for hospitals patients. Indeed, 45% of inpatient adverse drug reactions in the hospital were preventable.

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As the presidential race gets into full swing, we are once again hearing complaints by some politicians that medical malpractice costs are behind our soaring healthcare costs. And that before we can begin to reduce healthcare costs, we must enact serious medical malpractice tort reform like caps on damages. Unfortunately, study after study shows that medical malpractice costs have very little impact on healthcare costs--less than 2%. As a Chicago medical malpractice lawyer, I bristle every time I hear statements that our healthcare system is falling apart because of medical malpractice lawsuits. Not only is this assertion false, it diverts attention to an important problem that should be tackled with diligence and integrity.

In 2009, the non-partisan Congressional Budget Office (CBO) issued a report regarding the relationship between medical malpractice costs and healthcare costs. Similar to the conclusion reached during the Bush Administration, the 2009 CBO report concluded medical malpractice costs (ie., insurance premiums, court verdicts, and defensive medicine costs) account for "less than 2 percent" of overall healthcare spending. Moreover, if the major tort reform measures requested were implemented (including caps on damages), "it would reduce total national healthcare spending by about 0.5 percent." Yet, despite these independent government studies, many in Washington continue feed the public false information on tort reform.

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According to a recent report, the California Medical Board has failed to take any disciplinary action on 710 troubled doctors, despite the fact these doctors have been disciplined by hospitals, surgical centers, and other healthcare organizations in the state. As a Chicago medical malpractice lawyer, this story is not surprising. Disciplinary actions against doctors are seldom taken absent truly outrageous misconduct. As a result, many problematic doctors are allowed to continue practicing their profession, which may include leaving one state for another.

The report involving California was issued by Public Citizen, a non-for-profit group out of Washington, D.C.. The report was based on data compiled by the National Practitioner Data Bank from records generated from 1990 to 2009. Initiated by Congress, this Data Bank tracks all disciplinary actions taken against US doctors, as well as medical malpractice payments and other actions.

The purpose of the Data Bank is to improve patient safety and quality patient care by encouraging state licensing boards, hospitals, and other professional societies to identify and discipline doctors who engaged in unprofessional behavior. The Data Bank was formed with the additional purpose of preventing incompetent physician and/or unprofessional physicians from moving from state to state without the discovery of prior adverse actions taken against them. Therefore, the failure to discipline a doctor in California can have a direct impact on the safety of patients in other states like Illinois. After all, a doctor who avoids discipline in California for an otherwise actionable offense could simply move to Illinois and obtain staff privileges at an Illinois hospital without the hospital knowing the doctor's prior offenses.

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Initially reported as a local news story, a twenty-six year old male from Charleston, South Carolina has been denied government medical insurance simply because he is not a women. Raymond Johnson first noticed a lump in his breast this year and went to a Charleston emergency room. There, doctors initially thought his pain was related to his heart. However, when they felt a lump on his chest, they sent him for biopsy; the results came back positive for breast cancer. As a Chicago medical malpractice lawyer, I was shocked when I began reading this story. But it turns out the mistake lies with the United States Congress who drafted the statute.

The Breast and Cervical Cancer Prevent and Treatment Act of 2002, Public Law 106-354, was signed into law on October 24, 2000. The Act gives states the option to provide medical assistance through Medicaid to "eligible women" who have been screened (through a CDC program) and diagnosed with breast or cervical cancer. For Mr. Johnson, he meets all the requirements of the Act except one: he is a man, not a women. The medical bills for Mr. Johnson would run at least several hundred thousand. As a result, Mr. Johnson, who ears $9 an hour, cannot afford the medical bills needed to treat his breast cancer.

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