Chicago Medical Malpractice Lawyers Blog

Great news for the family of Rachel Gilliam, the 25 year-old DePaul student who was killed in a hit and run as she was leaving work on Halloween night. Chicagobreakingnews.com is reporting that a suspect has been Id'd in the fatal hit and run accident. The suspect identified by police is Carlos Castillo, a former Rogers Park man, who apparently did not have a driver's license at the time of the accident. Police believe that Castillo may have fled to Mexico shortly after the accident.

A tipster who had heard the news coverage of the crash apparently notified police about Castillo's possible involvement in the case. A search warrant was issued and police discovered a silver vehicle which is linked by physical evidence to Gilliam's death.

Anyone with information about Castillo's wherabouts is asked to call the Chicago Police Department's Major Accident Investigation Unit, 312-745-4521. We hope that the hard work of the police and the Gilliam family pays off and Castillo is brought back to Chicago to face charges.

The Illinois Supreme Court in a 4-2 decision struck down limits on damages awards in medical malpractice cases with its decision in Lebron v. Gottlieb Memorial Hospital on thursday. The court held that the legislation was unconstitutional. The majority opinion, authored by Justice Fitzgeral held, in part: "[W]e necessarily consider...the legislature's goal in enacting the statue-responding to a health-care crisis. Our separation of powers analysis, however, does not stop there. The crux of our analysis is whether the statue unduly infringes upon the inherent power of the judiciary. Here, the legislature's attempt to limit...damages in medical malpractice actions runs afoul of the separation of powers clause."

This is a major victory for patients and consumers in Illinois. The legislature has tried, on three seperate occasions, to enact caps on damages in medical malpractice cases. For years lobbiests for the insurance industry have argued that medical malpractice awards have contributed to the high cost of health care in Illinois despite the fact that insurace payouts on these claims have remained level for the past two decades.

All citizens of Illinois should have a right to ask a jury of their peers for redress when they have been victimized by negligence, regardless of the profession of the guilty party. To see a copy of the Supreme Courts landmark opinion look here.

Radiation therapy in cancer treatment uses high doses of radiation to kill cancer cells and helps prevwent them from spreading throughout the body. The use of radiation therapy is one of the primary means that physicians have to help treat patients who have been diagnosed with cancer and is prescribed in 60% of all cancer treatment scenarios. Radiation is typically prescribed and administered through the use of an external beam which is provided by a machine called a linear accelerator. The beam is localized and given in precise measures of energy, or doses, to specific areas on the human body for treatment.

Over radiation occurs when some element of error occurs during the treatment process and the patient gets more then the prescribed dose of radiation over a period of time. While the linear accelerator is a very precise provider of radiation, there is a human component involved in doing the math and physics required to set up the machine to provide accurate treatment dosage. The system sometimes fails when these human failsafes are ignored and the patient receives the wrong amount of radiation.

The results for over radiated patients are devastating. The extra radiation, even in seemingly small doses, weakens and kills healthy tissue causing skin and organ damage, and often death. At Goldberg & Goldberg we have handled over radiation cases which have resulted in record recoveries for our clients including a verdict of $16 million and a settlement of $7.5 million.

Barry D. Goldberg and Peter A. Nicholson of the Chicago law firm of Goldberg & Goldberg have settled a wrongful death case on behalf of the Estate of Patricia Quirk against Little Company of Mary Hospital, Radiation Oncology, S.C. and Dr. Vera Petras for $7.5 million. Quirk v. Little Company of Mary, et al., 05 L 00379. The case was assigned for trial to the Hon. Thomas Hogan in the Circuit Court of Cook County. Little Company of Mary is represented by Marilee Clausing and Susan Hannigan of Anderson, Rasor & Partners, Radiation Oncology, S.C. is represented by David Burkter of Cunningham, Meyer & Vedrine and Dr. Vera Petras is represented by Mary Cunningham of Kominiarek, Bresler, Harvick and Gundmundson, all of Chicago.

Beginning on March 26, 2003, Patricia Quirk received an overdose of radiation to her pelvis as she underwent radiation therapy for a stage 3 endometrial cancer. She received 50% more than the prescribed dose of radiation on 17 separate occasions during her radiation therapy. This radiation overdose ultimately perforated her bowel, causing her to become septic and leading to her death on May 8, 2004 at the age of 60. Mrs. Quirk is survived by her husband Thomas Quirk and two adult children. Mrs. Quirk was a life long resident of Chicago who resided in the West Lawn neighborhood. She was a social worker who was considered an expert in the field of community relations and the concurrent politics of mental health care. She was previously honored by four Chicago Mayors, the City Council and the Illinois General Assembly for her work with the mentally disabled citizens of Illinois.

Goldberg & Goldberg is a premier Chicago, Illinois law firm that concentrates its practice in the representation of plaintiffs in medical malpractice lawsuits. In addition to this settlement Goldberg & Goldberg has secured other significant results in over radiation cases, including a $16 million jury verdict in 2005. Barry D. Goldberg, one of the firms senior partners, also has the largest personal injury verdict in the history of the state, a record setting $127 million result. Goldberg said, "we are pleased to be able to deliver some measure of justice to the Quirks who have suffered such a terrible loss of this wonderful person."

This settlement is a record settlement in Cook County for the wrongful death of an adult leaving no minor children as survivors, the previous record was $7.3 million, and is a record settlement for an over-radiation wrongful death case in Cook County.

Hollywood actor James Woods setttled a medical malpractice case brought on behalf of his brother who died while he was a patient in the Emergency Room of Kent Hospital in Kent County, Rhode. The Providence Journal Online Edition is reporting that while the financial terms of the settlement are confidential, the hospital took the unusual step of apologizing to the Woods family for their mistake.

Woods said the impetus for the settlement came with a phone call from hospital president Sandra Coletta. In that call, he said he heard something he'd never heard from Kent Hospital before, someone saying she was sorry for his family's loss.

It has been widely reported that apologizing for medical mistakes is the number one way a doctor or hospital can help curtail a medical malpractice claim. Often times patients and their families are looking for closure after the loss of a loved one. An apology is often the piece of the grief puzzle that helps wounds heal and allows people to move on after a tragedy.

For his part, Woods said the conclusion would give him, if not closure, some piece of mind about the meaning of his brother's death. "It makes it possible for me to go to my brother's grave and ask if I've done the right thing," he said.

Conventional wisdom says don't get sick over the holidays. Hospitals are understaffed, doctors are distracted and the overall quality of medical care is diminished at even the finest of institutions. Over and over again we see cases at otherwise fine Chicago area hospitals that have one thing in common. The negligence occurs over the Thanksgiving, Christmas or New Year's holidays. Unfortunately, we can't choose when we get sick and people certaintly need medical help over the holidays, so keep the following in mind:

Become an advocate for yourself. Hospitals run on skeleton shift over any major holiday. Do not simply assume that Doctors and Nurses are thinking about you and your condition, they are not. they are thinking about the holidays like everyone else. Remind them of critical information and ask questions. If you are not satisfied with a response make sure they explain it to you again in plain english until you understand.

Go up the Chain of Command. if you are unhappy with the care you are receiving or if you are felling neglected, ask to speak with a supervisor, the head of the department or the vice-president of nursing. Doctors are accountable to the chairman of their service as well. Demand someone pay you the proper amount of attention.

Do not accept substandard or substitute care just because it is a holiday weekend. Hospitals are required to maintain full operating staffs and are required to provide services like Ct scans and MRIs over a holiday weekend. If these things are unavailable due to a holiday staffing shortage then the hospital is required to transfer you to a facility that is operational. Do not accept the excuse that a service cannot be provided because it is a holiday weekend.

Follow this tips and advice and hopefully you holiday hospital stays will be short and uneventful.

An Amtrak train travelling from Chicago to Seattle struck and killed a man in Deerfield, Illinois on Sunday. Amtrak has identified the man as a "trespasser" walking along the tracks near Dundee Rd. in the north suburban town when the Amtrak Empire Builder struck and killed him at around 3 p.m.

Officials are reporting that the man is in his 20s, his identity has not yet been disclosed. Railroads are particularly agressive in blaming the victims of accidents for their own injuries and deaths in the immediate wake of a tragedy involving a train collision. Often times, after investigating an accident, we learn that the railroad is to blame for an accident that they initially blamed on the person who was injured or killed.

Joanne Doroshow wrote an excellent article in the Monday, November 9, 2009 edition of The Huffington Post called Medical Malpractice Tort Reform - We Are Already Suffering And Don't Need More. She points out that unless you are currently living under a rock you have heard the term "tort reform" but, sadly, probably don't know what it really means.

In Illinois we have tort reform as it relates to medical malpractice. Starting in 1985, and every ten years thereafter, the state legislature has based some sort of restriction on the publics right to sue for personal injury. In the late 1990s the Illinois Supreme Court struck down these restrictions, overruling the legislature, and finding them to be unconstitutional. The legislature, bowing to pressure from the insurance industry, tried again in 2005 and passed limits on jury awards as they relate to doctors and hospitals only. That legislation is currently being reviewed for constitutionality by the Supreme Court and we expect a ruling on the issue in the near future.

The term tort reform implies that its results would be beneficial to everyone. Sadly, this is not the case. Tort reform in Illinois will only make it harder for average hard working men and women to seek redress for the harms caused to them as victims of negligence. The tort reform movement was started by and is funded by insurance companies. The same companies that have the most to gain financially by limiting jury awards.

The benefits of our current tort system are far reaching and relatively unsung. Innovations in product and medical safety, health care innovations and auto safety are some of the by products of our jury system. What motivates insurance companies? Money and the bottom line. Are they interested in protecting the little guy? Not at the expense of profits.

The family of Rachel Gilliam, a 25 year old woman who was killed by a hit and run driver on Chicago's northside last week is offering a $10,000 reward for information leading to the arrest and conviction of her killer. According to witnesses, Rachel was struck and killed by the driver of a silver 4-door Lexus as she attempted to hail a cab in the 4300 block of North Lincoln Avenue at approximately 3:30 a.m. November 1st. Rachel had just finished her shift at Bowman's Bar & Grill where she was a bartender. Her colleagues stated she was dressed as a bride in celebration of Halloween.

We first reported on this tragic accident on November 3, and are sad to report that Rachel's killer remains at large. Members of the public are asked to call the Chicago P.D. Major Accident Investigative Unit at 312-745-4521 or private investigator Susan Carlson of Carlson Investigations, Inc. at 847-491-9182 with helpful information. "At this time, the vehicle which struck Rachel is believed to be a silver Lexus and was seen heading South on Lincoln Ave.," Carlson said. "If someone knows something, we urge you to come forward so that the Gilliam family can have justice for their daughter."

A fundraiser is being held Tuesday evening at Bowman's Bar & Grill at 4356 N. Leavitt Street beginning at 7 p.m.

Chicago Police are searching for a silver Lexus they believe struck and killed a 25 year old Chicago woman who had just finished a busy Halloween night shift tending bar at a northside tavern.

Rachel Gilliam, age 25, was an employee of Bowman's Bar and Grill in the North Center neighborhood on the city's northside. She was struck and killed at almost 4 am at around 4314 N. Lincoln avenue. Police believe the Lexus rolled through a stop sign.

Gilliam was a Kansas City native who moved to Chicago to attend DePaul University. She was a world traveller. She is survived by her family,

The Chicago Sun-Times is reporting that two people were killed in a two-car crash in northwest suburban Park Ridge. Police found the two vehicles involved in the car accident at 2 am Monday morning near the intersection of Oakton and Riverside Drive in suburban park Ridge, Illinois.

Police found one car located near the intersection and a second vehicle about 75 feet away in a wooded area. The accident claimed the lives of a 37 year old Morton Grove woman and a 24 year old resident of Des Plaines. Four other passengers in the vehicles were injured but survived.

A downstate Illinois jury returned a $6.74 million dollar jury verdict to the family of a Decatur man killed at on of Archer Daniels Midland's downstate Illinois facillities. The 26 year old man was working for a St. Louis based company installing pipes at the plant. The accident that was the subject of this wrongful death lawsuit occured in 2007.

Archer Daniels Midland, also known as ADM, is a argiculture conglomerate based in Decatur, Illinois with 270 plants worldwide that process grains and oilseeds used to manufacture food and beverages.

A machine on which the plaintiff was working malfunctioned, spraying him with scalding liquid and steam. The accident caused the plaintiff to suffer burns to over 90% of his body and later caused his death. The jury returned this verdict on behalf of the parents and siblings of the deceased.

In Illinois there is a stautue of limitations on medical malpractice claims which generally prohibits filing of a lawsuit two years from the date of malpractice or two years after the malpractice is discoverd. The statute of repose sets an outside tail date for filing such claims after four years have elapsed from the time of the initial malpractice. There are certain exceptions to this general statute of limitiations. At Goldberg & Goldberg we are proud of our work to help protect the rights of brain injured children. As an example of such work we are proud to say that due to our tireless efforts to fight for and protect brain injured children, including those suffering from cerebral palsy, the Illinois Supreme Court extended the statute of limitations for minors suffering from a brain injury indefinitely.

In Bruso v. Alexian Brothers Hospital, 178 Ill. 2d 445, 453 (1997), the Illinois Supreme Court, in an opinion authored by Justice Michael Bilandic held, that a minor who is under another legal disability, such as a brain injury, shall have the statute of limitations tolled on his claim until said legal disability is lifted. As a result, brain injured persons are protected from the statute of limitations until such a time as their disability no longer exists. This is a significant victory for consumers in Chicago, and throughout Illinois.

It has been widely reported that more then 98,000 people die as a result of preventable medical malpractice each year. More people die each month in the United States from medical errors then were killed in the terrorist attacks on the World Trade Center on September 11, 2001.

Medical Malpractice has become a vogue issue again as lawmakers talk of limiting the rights of patients who have been injured by negligent doctors and hospitals. The problem with the American health care system isnt medical malpractice lawsuits, its the medical erros themselves. According to a major report from tort reform advocates, if congress eliminated medical malpractice claims it would hardly make a dent in the overall cost of health care in America. Tort reform is not the answer to out of control health care costs.

Chicago is home to over 70,000 licensed attorneys. Finding a lawyer that is right for you can be a daunting task. The internet and the television airwaves are flooded with advertisements for lawyers that promise big settlements and no fees unless you win. The question you need to ask yourself and the lawyer that you interview is are you qualified, by the nature of your prior experience, to handle my case and see it through to the bitter end.

Medical Malpractice is a very expensive and specialized area of practice. Lawyers who handle medical malpractice litigation typically spend hundreds of thousands of dollars and countless man hours prosecuting a succesful claim. The skills necessary to be a succesful practicioner are not learned overnight. At Goldberg & Goldberg we have been in the medical malpractice business for more then forty years. The least experienced member of our firm has been handling medical cases for fifteen years. We work up and try all of our cases ourselves. We can, and routinely do, take appellate matters before the state supreme court. We have represented litigants in all manner of litigation in more then twenty different states.

When you interview a lawyer that you have become acquainted with over the internet or through a television advertisement ask him if he handles his cases himself or refers them out to a more experienced lawyer. Ask how many medical malpractice jury trials he has taken to verdict as a first chair lawyer. Ask him or her about past results and ask to see jury verdict reports to document his experience. At Goldberg & Goldberg we have had hundreds of verdicts and settlements in excess of $1 million. We have the largest personal injury verdict in Illinois history. Our track record speaks for itself. We would be happy to show you examples of some of our results in court.