Chicago Medical Malpractice Lawyer And Injury Blog

Common Types of Medical Misdiagnosis

February 7, 2023 | by Kroot Law LLC

Medical providers are there to provide you relief from your pain or discomfort, treat life-threatening conditions, and help you get back to enjoying your life again. However, mistakes can also happen in the healthcare industry, and a John Hopkins University of School and Medicine study showed that misdiagnosis is the leading cause of serious medical errors.

Without a proper diagnosis, patients can experience adverse drug reactions or receive the wrong treatment. Incorrectly diagnosing a severe medical condition can also lead to permanent disabilities and even death.

If you or a loved one has been harmed by a medical misdiagnosis, understanding its common types and learning what to do after discovering a diagnostic error can help you preserve your right to use the court process. This also gives you enough time to work with Chicago wrong diagnosis lawyers to seek compensation for the injuries you’ve suffered.

Who Can File a Wrongful Death Lawsuit?

February 7, 2023 | by Kroot Law LLC

The Illinois Civil Liabilities Wrongful Death Act (740 ILCS 180/) defines wrongful death as a person’s untimely demise due to other people’s negligence or wrongful actions. The state also considers it wrongful death if the deceased (or decedent) could have filed for personal injury claims if they survived. But since they can no longer defend their right to claim compensatory damages, other people can have the right to file a lawsuit on their behalf.

Who Can File a Wrongful Death Lawsuit in Chicago?

Illinois law allows the immediate family and, potentially, other relatives of the decedent to file a wrongful death lawsuit. Although all states have their own set of laws on wrongful death claims, they all allow immediate family members to initiate a lawsuit.

Why You Need a Personal Injury Attorney in Chicago?

February 7, 2023 | by Kroot Law LLC

Suffering from any life-altering injury, regardless of the cause, can be devastating and overwhelming. Aside from the physical pain and emotional suffering it has caused , you may also have to deal with other consequences like costly medical care, lost wages, and emotional trauma.

Many victims try to handle their personal injury claims themselves to avoid legal fees. However, not all personal injury cases are simple, and not all personal injury lawyers in Chicago ask for upfront fees. Moreover, they can handle the complexities of your case and fight for your rights so you can receive fair compensation.

Knowing if you should hire a personal injury attorney might not be crystal clear when you’re going through a difficult time. Here are some considerations to help you decide.

What is a Medical Misdiagnosis?

December 16, 2022 | by Kroot Law LLC

If you have suffered intense physical or emotional damage due to a medical misdiagnosis, know that you have legal recourse to file a medical malpractice lawsuit and seek damages. Know your options by seeking the help of a medical malpractice attorney in Chicago.

What Constitutes a Misdiagnosis?

On its own, a medical practitioner’s failure to diagnose an illness or injury does not automatically constitute malpractice. Even the most experienced and highly competent physicians can make diagnostic errors from time to time.

What Should Be Done if a Medication Error Occurs?

December 16, 2022 | by Kroot Law LLC

Prescription and over-the-counter medications help you manage symptoms or recover from illnesses so you can ultimately get back to healthily enjoying your life. However, the same drugs you regard as your lifeline through your difficult times can also cause serious complications and even death when medication errors occur.

If you or a loved one has been harmed by a medication error due to pharmaceutical negligence, knowing your rights and understanding the next steps in reporting medication errors can help you seek the compensation you deserve.

Understanding Medication Errors — How Do They Happen?

What is a wrongful death lawsuit?

December 16, 2022 | by Kroot Law LLC

The loss of a loved one is a devastating experience in and of itself. The pain becomes more significant, however, when the death was wrongful, untimely, and preventable had others been mindful of their actions or performed their duties diligently.

But emotional distress is just one of the many problems surviving families of wrongful death victims experience. There are also funeral and burial expenses to contend with, plus the long-term impact on the family’s quality of life if the decedent provided important financial contributions to the family. Therefore, as the distressed party, the family is well within their rights to hire a wrongful death lawyer and file a lawsuit.

If a beloved family member or relative dies as a result of another person’s negligence, hiring an experienced Chicago wrongful death lawyer should be a priority. Winning a wrongful death lawsuit will bring justice to your loved one’s death, secure financial compensation for your loss, and prevent the people responsible from committing the same mistakes and putting others in peril in the future.

Doctor Sues Doctor for Medical Malpractice

April 17, 2022 | by Kroot Law LLC

Even a doctor can become a victim of medical malpractice. Earlier this month, Dr. Mario Adajar, a Pennsylvania-based doctor, filed a malpractice suit against Dr. Michael Baloga, Jr., a podiatrist at the Foot and Ankle Center in West Pittston and the Wound Healing Center at Wilkes-Barre General Hospital after Dr. Adajar’s foot was amputated due to infection.

Dr. Adajar had sought treatment for callouses and a chronic ulcer. Despite months of treatment, his condition did not improve. In June 2021, Dr. Baloga prescribed a total contact cast for Dr. Adajar. A day later, an infection flared up so severely that Dr. Adajar’s temperature spiked to over 102 degrees. This required an urgent visit to the emergency room. Dr. Adajar fell into septic shock and suffered numerous other health complications, resulting in an emergency surgical amputation of his right leg to save his life.

As a Chicago medical malpractice lawyer, infection cases come across my desk from time to time. In some cases, amputation led to amputation. It is rare, however, when the patient is also a doctor. As with any medical malpractice case, the plaintiff, or person filing the civil suit, will need to prove the defendant doctor deviated from the standard of care and that this deviation caused or contributed to the amputation.

Abdominal Surgery, Post-Operative Complications, and Medical Malpractice

March 18, 2019 | by Kroot Law LLC

At some point in life, nearly every American will undergo surgery. Some of these surgeries will be elective, meaning surgery is scheduled in advance because it does not involve a true medical emergency. Others will be emergent where surgery is often necessary for the patient to survive. If surgery is urgent, there is a good chance it will involve the abdomen and post-operative care will be necessary.

Abdominal procedures comprise of a significant percentage of emergency procedures in which the patient dies shortly thereafter. Examples of abdominal emergency procedures include bowel resections, partial colon resections, and gallbladder removal. Complications from these surgeries can involve bleeding and infections. According to one study from the JAMA Surgery, roughly 15 percent of all patients undergoing GI tract surgery will be readmitted to the hospital within one month of surgery due to a post-operative complication. Other abdominal surgery cases will involve post-operative complications that occur before the patient every leaves the hospital and are not directly caused by the surgery itself.

Whether an abdominal surgery complication or post-operative care is due to medical malpractice or simply an accepted risk of the procedures can be a complicated question. One of the first inquiries is whether the surgery was medically indicated. Another is whether the surgery was properly performed. Even if the surgery was indicated and properly performed, the medical staff may not have properly responded to signs and symptoms of a complication such as infection or bleeding. Still other cases may involve complications related post-operative care in the hospital, meaning the complication was not directly caused by any surgical error. For example, many medical experts believe Artist, Andy Warhol’s death, was caused by preventable post-operative care when a nurse allegedly pumped way too much fluid into him after a routine gallbladder procedure.

Evidence Against Sterigenics Increases

October 31, 2018 | by Kroot Law LLC

Sterigenics and Cancer

You may have heard or read the front-page news about Sterigenics recently. There is evidence that this Chicago-area business has for decades been releasing toxic, cancer-causing fumes into the Willowbrook community. There is further evidence that some government entities knew about the great public risk this entailed, but did not alert the public. As the evidence against Sterigenics continues to rise, so too do the number of personal injury and wrongful death lawsuits against the company.

Sterigenics

Sterigenics is a plant in Willowbrook, located in DuPage County, west of Chicago. As part of its operations, Sterigenics routinely emits the gas ethylene oxide. Ethylene oxide is used to sterilize medical equipment, such as surgical trays. Sterigenics operates over 40 facilities in 13 countries.

Cancer Clusters

According to the CDC (Centers for Disease Control), when a greater-than-expected number of cancer cases within a group of people in a certain area over a certain amount of time appears, it may be a cancer cluster. Could there be a cancer cluster in Willowbrook?

Steep Decline In Medical Malpractice Payouts Did Not Reduce Health Costs

August 1, 2018 | by Kroot Law LLC

For over a decade, proponents of tort reform have argued medical malpractice reform is needed to reduce spiraling healthcare costs. If these reforms were implemented, tort reformers promised reduced healthcare costs. Opponents of tort reform argued medical malpractice reforms would have no significant impact on healthcare costs, as medical malpractice lawsuits account for less than 1% healthcare costs. So, who was correct?

According to recent figures, the total number of medical malpractice payouts on behalf of doctor fell to its lowest level in a decade–down 28% since 2003. In addition, the total value of medical malpractice payouts is also significantly down. However, the nation’s healthcare expenses did not followed suit. Instead, healthcare costs have risen a startling 58% in the last decade. This confirms that medical malpractice costs have no appreciable impact on healthcare costs. Indeed, if medical malpractice costs were a major driver behind soaring healthcare costs, the substantial reduction in medical malpractice payouts over the last decade should have significantly lower healthcare costs.

In 2012, the total number of medical malpractice payouts was 9,379 compared to 16,565 in 2001. In 2012, the total value of medical malpractice payouts was $3.14 billion versus $4.41 billion in 2003. Despite these significant reductions in medical malpractice payouts, healthcare costs over doubled in the last decade.