A study prepared by the Chicago Reporter shows that black Chicago area nursing home residents receive the worst quality care in the country. There is just one nursing home in the Chicago area rated excellent by the federal government where the majority of the patients are black. These homes have…
What does reforming medical malpractice have to do with the current health care reform debate that is a hot topic in Washington and here in Illinois? Not much, at least according to one ranking United States Senator. “I honestly really don’t see this as a health care issue,” said Sen.…
How do we cap medical malpractice without capping medical malpractice awards for those patients who are injured by the negligence of doctors. Everyone agrees that the health care system in the United States is in need of a drastic overhaul. The key is accomplishing an overhaul without further abridging the…
On March 26, 2009 we reported on the efforts of one family to have the Feres doctrine legislatively overturned. If you recall the Feres doctrine prohibits an active member of the United States military from suing the an Army hospital for medical malpractice. This prohibition on medical malpractice suits brought by members…
One of the principal arguments backers of tort reform use to justify damages caps is that increased insurance premiums have an adverse effect on health care costs that are passed on to the consumer. This argument persists in spite of the fact that there is little or no evidence that…
Sadly, medical mistakes continue to be one of the leading causes of death in the United States. There are close to 100,000 preventable deaths a year in America making medical errors the fifth leading cause of death in our country. A culture of shame and a lack of accountability often times…
Five medical malpractice cases pending in California settled this week for a sum of $1 million. The settlements arise out of improper patient care that occured at a Northern California kidney transplant center that has been at the center of a controversy revolving around a poor record of patient care.…
Glori Anne Scott of the Examiner.com wrote an excellent piece in support of the Colorado Legislature’s recent attempts to raise statutory caps on medical malpractice cases in that state. Her explanation applies to counter the arguments of tort reformers everywhere. While it will likely be a long and difficult battle to…
Should an active member of the United States military be able to sue the United States Government for medical malpractice? The answer according to the United States Supreme Court in Feres v. The United States, 24 U.S. 135 (1950) is no. The Feres doctrine, as it is commonly know, prohibits an…
Survivors of a victim of a wrongful death that occured before May 31, 2007 in Illinois were limited under the Illinois Wrongful Death Act to recover only pecuniary loses completely discounting the survivors grief from consideration. Pecunary loss includes the loss of benefit of the decedent’s love, affection, care, attention, companionship,…