Adult holding infant's hand

Can Birth Videos Affect the Outcome of a Medical Malpractice Lawsuit?

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 […]

Surgeons performing operation

Surgical Errors Continue to Persist in High Numbers

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 […]

Operation taking place

510(k) Premarket Clearance Requirements for Medical Devices

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 […]

Heart rate monitor

Hospital Errors Result in 15,000 Deaths Each Month

The U.S. Department of Health and Human Services’ Office of the Inspector General recently issued a report that included very troubling conclusions. The report was based on a random sampling of the billing of 780 Medicare beneficiaries who were treated in October 2008. The findings concluded that 1 in 7 Medicare patients suffered harm because […]

Outside view of hospital

Chicago Hospital Asked Court to Revoke Power of Attorney

A recent Chicago court filing illustrates the difficulties encountered by caregivers of ailing parents or relatives. Sometimes, there’s a fine line between “medical” care and “long term” care and those involved in the care of a particular patient may vehemently disagree as to which category applies. This untenable situation can cause unfortunate conflicts to arise […]

White court house

Maryland’s Highest Court Upholds Cap on Non-Economic Damages

In April, we reported that the Court of Appeals of Maryland heard oral arguments in a case regarding personal injury damage caps. In the case being appealed, the parents of a young child who had drowned received a jury award of $4 million for their pain and suffering, but the damages were reduced to $1 […]

Wooden gavel

Judicial Impartiality Threatened in Illinois

In February 2010, Illinois Supreme Court Justice Thomas Kilbride voted, along with 3 other justices, to overturn an Illinois law that placed monetary caps on damages awarded in Illinois medical malpractice cases. Medical malpractice caps had been struck down in two prior Illinois Supreme Court decisions, as well. Justice Kilbride is up for reelection this […]

Stethoscope and gavel

Illinois Supreme Court Holds Medical Malpractice Cap Law Unconstitutional

Last Thursday, in LeBron vs. Gottlieb Memorial Hospitalt, Docket No. 105741, the Illinois Supreme Court struck down the state’s medical malpractice law, which imposed caps on damages awarded to victims. The now-overturned law, which was enacted in 2005, limited damages in medical malpractice actions to $500,000 for pain and suffering and other non-economic damages of […]