440,000 People Die from Medical Errors in Hospitals Every Year

I’ve been doing this long enough that articles like this one from Consumer Reports don’t surprise me anymore.

The number of deaths from preventable medical errors is astonishing. That’s why we do what we do. Quite frankly, we all want better medical care in this country. One small way to go about it is by holding physicians responsible for their medical malpractice. Hopefully the number of people killed will start to drop.

(Howard Zimmerle is a medical malpractice attorney in Iowa and Illinois. He can be reached at 309-794-1660 or hzimmerle [at] mjwlaw.com). 

Juror Collapses in Med Mal Trial – Defendant Doctor saves her. What happens next? (UPDATED!!)

This is one of the most common war stories you hear in the medical malpractice world – someone in the courtroom collapses during a medical malpractice trial, and the defendant doctor runs in to render aid and save the day.

Everyone claims to know someone this has happened to. It’s the Eddie Murphy in the elevator of lawyer stories.

Here’s one time it actually happened. 

Bottom line is that the District Court allowed everyone involved to compose themselves over the lunch hour, polled the jury, and when the jury said they could still be fair and impartial, refused the Plaintiff’s request for a mistrial. The Court of Appeals reversed.

I tend to agree with the Court of Appeals. The bigger key is that if this happens to you, there are some citations in the opinion with other cases – so remember that if you need a quick brief on the issue.

EDIT: The Iowa Supreme Court reversed the Court of Appeals and allowed the verdict to stand. I disagree, but I see their logic. The opinion is here. 

(Howard Zimmerle is a personal injury and medical malpractice lawyer in Rock Island, Illinois, practicing in Iowa and Illinois. He can be reached at 309-794-1660 or at hzimmerle [at] mjwlaw.com).

New Illinois Medical Malpractice Law

Governor Quinn recently signed Public Act 97-1145 into law, changing one big thing and clarifying another big issue in Illinois medical malpractice cases.

First, attorneys fees on medical malpractice cases are now capped at 33 1/3% of the total recovery. There had previously been lower caps as case values increased. This is important for all attorneys to pay attention to for new or future cases. I think it’s a good thing, as med mal cases tend to be the toughest, longest, and most expensive cases personal injury lawyers handle.

The act finally codifies the current version of the 2-622 expert certification requirement:

(735 ILCS 5/2-622)  (from Ch. 110, par. 2-622)

Sec. 2-622. Healing art malpractice.

(a) In any action, whether in tort, contract or otherwise,

in which the plaintiff seeks damages for injuries or death by

reason of medical, hospital, or other healing art malpractice,

the plaintiff's attorney or the plaintiff, if the plaintiff is

proceeding pro se, shall file an affidavit, attached to the

original and all copies of the complaint, declaring one of the

following:

1. That the affiant has consulted and reviewed the

facts of the case with a health professional who the

affiant reasonably believes: (i) is knowledgeable in the

relevant issues involved in the particular action; (ii)

practices or has practiced within the last 6 years or

teaches or has taught within the last 6 years in the same

area of health care or medicine that is at issue in the

particular action; and (iii) is qualified by experience or

demonstrated competence in the subject of the case; that

the reviewing health professional has determined in a

written report, after a review of the medical record and

other relevant material involved in the particular action

that there is a reasonable and meritorious cause for the

filing of such action; and that the affiant has concluded

on the basis of the reviewing health professional's review

and consultation that there is a reasonable and meritorious

cause for filing of such action. If the affidavit is filed

as to a defendant who is a physician licensed to treat

human ailments without the use of drugs or medicines and

without operative surgery, a dentist, a podiatrist, a

psychologist, or a naprapath, the written report must be

from a health professional licensed in the same profession,

with the same class of license, as the defendant. For

affidavits filed as to all other defendants, the written

report must be from a physician licensed to practice

medicine in all its branches. In either event, the

affidavit must identify the profession of the reviewing

health professional. A copy of the written report, clearly

identifying the plaintiff and the reasons for the reviewing

health professional's determination that a reasonable and

meritorious cause for the filing of the action exists, must

be attached to the affidavit, but information which would

identify the reviewing health professional may be deleted

from the copy so attached.

(Howard Zimmerle is a medical malpractice lawyer in the Quad Cities of Illinois and Iowa. He can be reached at 309-794-1660 or hzimmerle [at] mjwlaw.com)