The crash occurred around 8:00 AM near the intersection of Adams and Canal streets. According to one witness, the cab driver attempted get out of his vehicle while arguing with another cab driver when his car lurched backwards, up the curb and into a lamppost. The auto crash happened during the height of rush hour traffic.

Two of the three pedestrians reportedly sustained serious injuries and were taken to local Chicago hospitals. The cab driver sustained injuries to his leg, which was apparently dangling out when he lost control and struck the lamp post. Police indicated none of the injuries were life threatening.

Posted by Chicago Personal Injury Lawyer Jason M. Kroot of Kroot Law

Caps on Medical Malpractice Damages in California, Illinois and Other States

“Non-economic” damages for victims of medical malpractice in California are limited to $250,000. Thus, even when death results, families can receive no more than $250,000 in pain and suffering for their loss. However, there is no cap on “economic damages,” which include future wages losses like those alleged in the Ritter case. Other states have passed similar caps, including Illinois, whose Supreme Court will soon decide the constitutionality of its cap on medical malpractice damages.

Medical Malpractice Suits Available for Wealthiest American’s Like Ritter Family

As reported in the Los Angeles Times, Ritter had a seven year contract with Touchstone Studios when he died and was expected to earn up to $14.7 million if his show remained on the air every year. However, a Touchstone executive stated in a deposition they had begun renegotiating a new contract with Ritter where he could have earned up $67 million.

What Malpractice Attorney Would Have Taken Ritter Case If They Were Poor?

Unlike an automobile accident or other basic personal injury case, medical malpractice cases are often extremely expensive. In malpractice cases involving multiple defendants and multiple experts, the expenses can easily exceed $100,000. Combine that figure with the likelihood of losing at trial (where most verdicts are for the doctor), many victims of medical malpractice cannot get an attorney to take their case. The idea of settling for “nuisance value” is a misnomer in these cases, as malpractice carriers will often raise the doctor’s insurance premiums if he or she “consents to settlement.”

If John Ritter was not an actor making millions but a cashier making minimum wage, what attorney would have taken this case? What if Ritter was retired or disabled? There would be no wage loss. Would this case have even been filed? As the Ritter case illustrates, caps on damages do not apply equally. They impact the poor far more than the wealthy.

Posted by: Chicago Malpractice Lawyer Jason M. Kroot of Kroot Law, LLC

Contaminated Sierra Syringes Used By 20 Outpatients in Chicago, Illinois

The Centers for Disease Control (CDC) began investigating Sierra Pre-Filled after dozens of blood infections were linked to contaminated pre-filled syringes. About 40 people fell ill in Texas and Illinois, including 20 outpatients at Rush University Medical Center in Chicago. Of the 20 Rush outpatients who became sick, 14 required hospitalization. Doctors at Rush were able to trace the infections to Heparin filled syringes which were being used by home treatment patients with cancer and other illnesses. The recent nationwide recall of AM2PAT syringes are sold under two brand names, Sierra Pre-Filled Inc. and B. Braun.

Medical Dangers Associated With Contaminated Sierra Syringes

Patients with the infection have experienced fever and chills. At this time, one lot under recall of this product 1003-02, Lot 070926H, Heparin IV flush syringes, was confirmed to be contaminated with Serratia marcescens bacteria, resulting in serious blood infections. According to the FDA, “this type of bacteria could present a serious adverse health consequence that could lead to life-threatening injuries and/or death.” Antibiotics are the primary form of treatment.

Consumers Of these Recalled Syringes Need to Stop Using the Product

The FDA warns that consumers who have any of these recalled syringes should stop using the product immediately. Any adverse reactions experienced with this product should be reported to the FDA’s MedWatch Program at 1-800-FDA-1088, by fax at 1-800-FDA-0178, or on its websit: www.fda.gov/medwatch/.

Consulting A Product Liability Lawyer – Sierra Pre-Filled Syringe Lawsuit

If you or someone you known used these Sierra Pre-Fillled syringes or B. Braun syringes and have become sick, you should contact your doctor immediately to be tested for Serriatia marcescens bacteria. Save the product and its packaging in a secure location, as these materials are important evidence in a potential product liability case. If seeking legal representation, make certain to contact a top persona injury attorney experienced in products liability cases.

Posted by: Chicago Personal Injury Attorney Jason M. Kroot of Kroot Law, LLC

Emergency Room Delays Increased For Most Seriously Injured

Perhaps most disturbing, the study shows that patients with the most severe injuries suffered the largest increase in emergency room waits. Between 1997 and 2004, the average wait time to see a doctor increased 36% for all emergency room patients (from 22 minutes to 30 minutes). However, for patients who were classified as needing immediate attention, the wait time increased 40% (from 10 minutes to 14 minutes). Worse still, the wait for heart attack patients increased by 150% (from 8 minutes to 20 minutes) with a quarter these patients waiting 50 minutes or more before seeing a doctor. The “ever-lengthening waits are a frightening trend because any delays in care can make the difference between life an death for some patients,” says Linda Lawrence, President of the American College of Emergency Room Physicians. (See Washington Post, Jan. 15, 2008)

ER Patients Are Not Profitable For Hospitals, Says Harvard Researcher

The Harvard study also found the number of emergency room visits increased from 93 million in 1994 to 110 in 2004. At the same time, the number of 24 hour emergency rooms decreased by 12% from 1994 to 2004. Lead author of the Harvard Study, Dr. Andrew Wilper, observed emergency rooms close “because, in our current payment system, emergency room patients are money losers for hospitals. Planned admissions of elective patients who need procedures are usually more lucrative for two reasons. First, elective patients can be scheduled more conveniently and efficiently, and second, they can be pre-screened for health insurance. Our study suggests that these perverse incentives are causing dangerous delays in potentially life-saving emergency care, even for those with insurance.”

Dr. Steffie Woolhandler, co-author of the study, remarked that “some policy makers claim that everyone in America has access to health care through the [Emergency Room]. Our findings counter this notion. We have insurance company CEOs making tens of millions of dollars per year, 47 million uninsured Americans, and worsening access to emergency care for everyone. Something is wrong here.”

If hospitals are willing to compromise emergency room care because these patients are not profitable, they should not be surprised when a family brings a medical malpractice claim because their loved one unnecessarily died in the emergency room waiting for care.

Emergency Rooms are at a Breaking Point

In 2006, the Institute of Medicine, a unit of the National Academy of Sciences, warned that U.S. emergency rooms were at a breaking point. The Institute concluded the U.S. emergency system was overburdened, under funded, and highly fragmented. The Centers for Disease Control and Prevention separately found that between 40% and 50% of emergency rooms experienced overcrowding in 2004.

Nearly Everyone is Affected by Delays in the ER

As nearly every American has been to the emergency room at one point in their life, we are all susceptible to the problems these delays can cause. One thing critically ill patients could consider is calling 911 rather walking into the emergency room on their own. Patients who arrive by ambulance will usually be seen sooner by a doctor than patients who check themselves in at the triage desk. Of course, calling 911 should only be reserved for true emergencies.

Posted by: Chicago Medical Malpractice Attorney Jason M. Kroot of Kroot Law, LLC