Oftentimes, physicians are employed by more than one medical institution. This can make it difficult establish liability for negligent treatment in medical malpractice cases, since it is sometimes difficult to prove which hospitals employed a physician for the purposes of the negligent conduct at issue. This was the very issue presented in Turner v. U.S., […]

Last year, Illinois lawmakers passed a comprehensive medical care reform bill that imposed a cap in medical malpractice cases. As explained at the PopTort, when that law was overturned as unconstitutional, a number of other beneficial medical malpractice regulatory laws that were included as part of the reform were scrapped as well due to a […]

The Day on Torts blog reports of an interesting lawsuit filed by Massachusetts attorney Kenneth Levine. In the lawsuit, Gorbey v. American Journal of Obstetrics & Gynecology, No. 1:11-CV- 11259-NMG (pending in the U. S. District Court for the District of Massachusetts), Levine alleges that the authors of a medical article about brachial plexus injuries […]

In Zangara v. Advocate Christ Medical Center, 2011 WL 2342736, the Appellate Court of Illinois, First District, the plaintiffs contracted methicillin-resistant staphylococcus aureas (MRSA) while patients at Advocate. One person died and the other survived. The medical malpractice lawsuits filed on their behalves alleged that the defendant was negligent in its management of infection and […]

Last month, in a move that many trial attorneys believe will reduce the quality of patient care, President Obama submitted a budget that calls for a major revamping of medical malpractice laws. As explained in this NPR article, Obama’s proposed reform includes provisions that will substantially change the current process, if enacted: President Barack Obama’s […]

We all know that doctors frequently order that medical tests be performed on their patients. Presumably, the results of the tests are important, because otherwise why else would the tests be ordered? Unfortunately, to the detriment of patients, it appears that in many cases, the test results are simply ignored. In fact, according to a […]

Chicago Nursing Home Abuse Attorney Illinois Medical Malpractice Attorney Nursing home abuse and neglect is, unfortunately, all too common. Nursing homes are overcrowded, understaffed and underfunded. Choosing a safe nursing home is the first step in preventing nursing home abuse. It is also important to know how to recognize the signs of nursing home abuse, […]

Videotaping a child’s birth used to be commonplace. It was one of the joys of modern parenting. However more and more often, hospitals have forbidden the practice, in large part because of liability concerns. A recent New York Times article explored this trend and its connection to the fear of medical malpractice lawsuits: Judging How […]

The recent report published in the Archives of Surgery in October 2010 paints a grim picture regarding surgical errors. According to the report, there is a “persisting high frequency of surgical ‘never events, or errors that are entirely preventable and should never occur, despite the fact that hospitals must abide by a universal protocol of […]

When a manufacturer wishes to introduce a new medical device or reintroduce a device that will be significantly changed or modified to the extent that its safety or effectiveness could be affected, the manufacturer must provide the U.S. Food and Drug Administration (FDA) with a Premarket Notification (PMA) in the form of a 510(k) submission […]