Blog | Dinizulu Law Group, Ltd

Prevalence of Medical Errors Continue to Increase

April 10, 2022/in Blog/by Yao Dinizulu

CHICAGO, IL – The Yale School of Medicine conducted a meta-analysis that suggests previous estimates of preventable deaths of hospitalized patients could be two to four times too high. Over the past two years, there has been an underlying trend between COVID-19 and medical malpractice claims.

Hospitals have been inundated with patients and face complications of facilities being overcrowded and leaving staff short-staffed and overworked.

Victor Bernstein, CEO of Justpoint, started the company after his mother catastrophically suffered from a medical mistake after receiving the wrong injection, resulting in her being comatose for 2 weeks.

Justpoint, artificially intelligent software that helps people find the right attorney for their claim, saw a 25% increase in medical malpractice claims being filed nationwide, according to 8 News Now.

Johns Hopkins experts have estimated more than 250,000 deaths per year are due to medical errors within the United States.

As the world enters the third year of the pandemic, the healthcare industry faces various ongoing challenges and shifts in the delivery of care.

Forrester, a global market research firm, identified five key predictions for 2022 in the healthcare system.

Among the predictions include labor shortages will double the medication error rate among providers. The rapid clinician turnover and burnout will undoubtedly contribute to “irreversible patient impacts” such as adverse drug reactions due to medication errors and administrative flaws. Additionally, the risk of illness and mortality among patients will rise.

Forrester also predicts healthcare will no longer be considered a trusted industry as misinformation and cyberattacks continue to threaten their livelihood. Patients will eventually avoid being treated for their conditions and clinics will be forced to close. The cyberattacks on the healthcare industry are also costly and further erode trust between doctors and patients.

The prevalence of medical malpractice continues. The University of Chicago conducted a survey regarding medical mistakes and found that 41% of Americans believe that their healthcare provider made a medical mistake when providing care to them.

An even more recent study conducted in 2020 found that serious medical occurs occur most frequently in the ICU, emergency departments, and operating rooms.

Preventing medical errors should be a high priority for anyone working in a healthcare setting, yet every year, we hear of how many people are harmed or killed from negligent care.

The estimated annual cost of measurable medical errors that harmed patients in 2018 alone was $17.1 billion dollars. Researchers noted that pressure ulcers were the most common medical error, followed by post-operative infections. Some estimates place the current annual cost as high as $29 billion.

Even more disturbing, the Mayo Clinic Proceedings published a national survey of doctors that one in ten reported they made a major medical error in three months prior to the survey. Physicians with burnout have more than twice the odds of self-reported medical error.

Harmed by a Healthcare Providers Medical Care in Illinois?

If you’ve been harmed by your doctor or another healthcare provider, it’s important to contact a trusted medical malpractice attorney immediately. The experienced and skilled team of lawyers at the Dinizulu Law Group helps our clients recover from medical malpractice, receive the reimbusement they need and support you throughout the entire litigation process.

To receive a free consultation, call our office now at (312) 384-1920 or view our website for additional information.

April: Distracted Driving Awareness Month

April 3, 2022/in Blog/by Yao Dinizulu

CHICAGO, IL – April is recognized as Distracted Driving Awareness Month, a month to spread the word that distracted driving, including hands-free phone usage and infotainment systems, put everyone at risk. Each day, nearly 8 people in the United States are killed from a crash that resulted from distracted driving.

Distracted driving is anything that takes away your attention from the road, such as texting, using your GPS, talking on a cell phone, and even eating while driving. Any of these distractions pose a danger to yourself and other innocent lives on the road. Distracted driving includes any visual, manual, or cognitive distraction.

In 2018 alone, more than 2,800 lives were lost; in addition, an estimated 400,000 were injured in crashes involving a distracted driver.

The most at-risk for distracted driving are young adults and teen drivers. Nearly 25% of distracted drivers are young adults between the ages of 20 and 29-years-old. Drivers from 15 to 19 are more likely to be distracted than those over 20. Nine percent of teens killed in motor vehicle accidents were due to distracted driving.

The CDC’s Youth Risk Behavior Surveillance System (YRBSS) monitors health-risk behaviors among U.S. high school students which include texting or emailing while driving. Forty perfect of high schools students admitted to texting/emailing while driving in the last 30 days. Texting and driving is most prevalent for white students (44%) compared to Black (30%) or Hispanic students (35%).

Students who are more likely to text/email while driving also reported other risky behaviors like not wearing a seatbelt, more likely to ride with a driver who consumed alcohol, and more likely to drive after drinking alcohol themselves.

To prevent distracted driving, it’s important to remember whatever you’re doing can wait until you’ve reached your destination. There is nothing worth risking your own life or others on the roadway. Drivers should avoid distractions while on the roadway such as fidgeting with music, making a phone call, or reading an email.

As a passenger, it’s your job to speak up if the driver is participating in distracted driving. Ask them to focus on the road and help reduce distracted driving by assisting with navigation or other tasks so the drivers sole attention is on the roadway.

If you’re a parent, make sure to educate your children on the rules and responsibilities of driving. By sharing your own personal stories, you can relate to your teens and a potential scenario. Remember to emphasize and practice a home that texts and phone calls can wait until you arrive at a destination.

It’s also important to familiarize yourself with your state’s distracted driving laws. Illinois law prohibits the use of hand-held cellphones, texting, or other electronic communications while operating a motor vehicle. Hands-free devices or Bluetooth technology is allowed for persons age 19 and older.

Many states have enacted laws to help prevent distracted driving, as well as the federal government. For more information on distracted driving, check out this fact sheet from the CDC.

Young Adults and the Alarming Rise of Colorectal Cancer

March 26, 2022/in Blog/by Yao Dinizulu

CHICAGO, IL – Studies have recently shown that Americans younger than 40 have the steepest rise in cases of colon cancer. The American Cancer Society (ACS) mentioned the disease has steadily increased over the last 30 to 50 years in younger adults. Patients as young as 20 to 29-years-old have the highest increase in new colon cancer cases and are the most likely to be in the distant stage of being diagnosed. In particular, subgroups of non-Hispanic Black and Hispanic participants had the highest increases.

In the most recent data released by ACS which tracked the incidence of colorectal cancer from 2011 to 2016, there was a 2 percent increase per year among people under 50. Additionally, there was a drop in the survival rate among young adults.

“This is an alarming trend for which there are no clear explanations,” says Christine Hsieh, MD, a colorectal surgeon at Keck Medicine of the University of Southern California.

Experts have found evidence that suggests obesity, sedentary behavior, poor diet, and other environmental factors play a role in the early onset of colon cancer. Researchers are also studying why young adults with the disease don’t have the same genetic mutation that is linked with this type of cancer in the older population. More research needs to be conducted to learn how tumors in younger patients are molecularly different from those found in older individuals.

With an early diagnosis, this type of cancer is treatable. Symptoms to keep an eye on for colorectal cancer include rectal bleeding, changes in bowel habits or stool character, blood in stool, abdominal pain or cramping, fatigue and weakness, unintentional weight loss, or the persistent feeling that you need to have a bowel movement, even after using the restroom.

If your symptoms are increasing in frequency, seek medical attention immediately.

It’s important to know your family history of colon cancer, get regular medical checkups, exercise, and avoid smoking cigarettes and drinking alcohol to excess, according to Dr. Hsieh. Knowing your family medical history can make a big difference in determining when to start colorectal cancer screenings and what type of treatment you may receive.

It’s also crucial to understand the screening process of colorectal cancer, including when to start and what options are available to you. Per the ACS current guidelines, people at average risk of colorectal cancer should start screening at age 45. This can be done with a sensitive test that looks for signs of cancer in a person’s stool or with an exam that looks at the colon and rectum.

If you have additional risk factors such as inflammatory bowel disease or a history of colorectal cancer, you may need to be screened earlier or more often.

Individuals in good health and with a life expectancy of more than 10 years should continue regular colorectal cancer screenings through the age of 75.

It’s important to get screened on time. If you are under the age of 45, report any concerning symptoms and your family history to your doctor to help prevent the development or advancement of colorectal cancer.

Ex-Vanderbilt Nurse on Trial for Fatal Medical Mistake

March 25, 2022/in Blog/by Yao Dinizulu

CHICAGO, IL – Charlene Murphey was a 75-year-old patient at Vanderbilt University Medical Center before she suddenly and tragically lost her life due to a negligent medical error on December 17, 2017. Four years later, nurse RaDonda Vaught is on trial facing criminal charges following the death of Charlene Murphey in her care.

Murphey was admitted to Vanderbilt University Medical Center for a brain bleed. The nurse withdrew a vial from an electronic medication cabinet, administered the drug, and somehow overlooked signs of a fatal error. The patient was supposed to be administered Versed, a sedative intended to calm her before being scanned in a large, MRI-like machine; however, the distracted nurse reached for vecuronium, an extremely powerful paralyzer. The patient’s breathing stopped and left her brain dead before the error was ever discovered.

Donna Jones, a legal nurse consultant with 47 years of experience, was the prosecution’s 16th witness to be called. She shared a list of all the ways she felt Vaught failed to meet the standard of care for her patient.

“Nursing 101 will tell you not to be distracted when you are administering medication,” Jones stated.

Vaught told the Tennessee Board of Nursing last year that she was distracted by a trainee while operating the computerized medication cabinet. While she took responsibility for being “complacent” and “distracted,” she said the blame was not all hers to take on.

The Tennessee Board of Nursing unanimously voted to revoke her nursing license last summer. But Vaught’s story is different than others: she’s facing criminal charges of reckless homicide and felony abuse of an impaired adult.

The Nashville District Attorney’s prosecutors argued that Vaught’s error was far from a common mistake and that she negligently ignored a cascade of warnings that led to the fatal error.

The defense called their first witness, Leanna Craft, who is a nurse educator at Vanderbilt University Medical Center. Craft testified that after Murphey’s death, no changes were made at Vanderbilt until the CMS investigation began nearly a year later.

The case is heavily on Vaught’s use of an electronic medication cabinet, a computerized device that dispenses a range of drugs. According to court documents, the nurse tried to withdraw Versed from a cabinet by typing in “VE” into the search function. She didn’t realize she should have been looking for the generic name, midazolam. When the cabinet didn’t produce Versed, Vaught triggered an “override.” This time she searched “VE,” she had a much larger search pool that offered vecuronium.

The nurse bypassed at least five warnings or pop-ups saying she was withdrawing a paralyzing medication. She also failed to realize that Versed is a liquid, yet vecuronium is a powder that must be mixed into the liquid.

Finally, Vaught stuck a syringe into the vial which required her to look directly at a bottle cap that read “Warning: Paralyzing Agent.”

Last year when testing before the Tennessee Board of Nursing, Vaught claimed that at the time of the patient’s death, Vanderbilt was instructing nurses to use overrides to overcome cabinet delays and technical problems caused by an ongoing overhaul of the hospital’s electronic health records system.

According to experts, overrides are common outside of Vanderbilt; however, even with an override, it should not have been that easy to access vecuronium.

Maureen Shawn Kennedy, the editor-in-chief of the American Journal of Nursing, mentioned this is “every nurse’s nightmare” and that “we know when nurses work longer shifts, there’s more room for errors. I think nurses get very concerned because they know this could be them.”

If Vaught is found guilty, it could change the landscape of nursing and have a domino effect on healthcare for everyone.

Jury deliberations begin at 8:30 AM on Friday morning.

How Nursing Homes Attempt to Hide Abuse

March 20, 2022/in Blog/by Yao Dinizulu

CHICAGO, IL – Nursing home abuse is just one part of the larger problem with elder abuse – especially in nursing homes. As many as 5,000,000 people are affected by elder abuse each year, according to the National Council on Aging (NCOA).

How Common is Nursing Home Abuse?

Nursing home abuse effects thousands of families each year. In 2014 alone, more than 14,000 complaints were filed with nursing home ombudsmen about abuse or neglect.

The National Center for Victims of Crime (NCVC) compiled a breakdown of nursing home abuse complaints:

27% – Physical abuse
22% – Resident-on-resident abuse (physical or sexual)
19% – Psychological abuse
15% – Gross neglect
8% – Sexual abuse
8% – Financial exploitation

Who is At Risk?

Any elderly person in a long-term care facility may suffer from nursing home abuse; however, there are certain risk factors that lead individuals to be more at-risk to be exposed to abuse.

Women are more likely to be abused then men. NCVC found that 66% of elder abuse victims were women. Individuals who have been abused or experienced a traumatic event in the past are more likely to be victims of abuse again in the future. Additionally, poor mental and physical health may increase the risk of abuse. Individuals who suffer from Alzheimer’s or dementia are particularly vulnerable to abuse. Nearly 50% of elders with dementia experience abuse or neglect while living in a nursing home.

Common Abuse Tactics

There are various ways staff members at nursing home facilities work to hide incidents of nursing home abuse. In some cases, an individual may be attempting to cover up abuse; however, in other situations, management or facility owner may be part of the cover-up.

Common tactics used to hide nursing home abuse include:

Threatening the resident with additional harm if they report what happened
Refusing to allow family members to visit with a resident alone
Confusing the resident to make them believe they imagined the abuse
Providing family members or loved ones with other explanations for injuries
Keeping no record of medical care for abuse-related injuries
Altering logbooks or other records to hide abuse or neglect

Any staff members that abuses a nursing home resident should be terminated immediately. Unfortunately, many nursing homes across the United States are understaffed – especially Illinois nursing homes. Facilities tend to not immediately fire the abusive employee.

Contact a Chicago Nursing Home Abuse Lawyer

The Dinizulu Law Group is always looking out to protect the interests and rights of nursing home residents. Contact our skilled team of nursing home abuse attorneys today so we can help assess your loved ones situation. To receive a free consultation, contact us now at (312) 384-1920.

How Long You Have to File a Wrongful Death Claim in Illinois

March 13, 2022/in Blog/by Yao Dinizulu

CHICAGO, IL – The sudden loss of a loved one is devastating and heart wrenching, especially when their death could have been prevented due to another’s negligence. Illinois, like any other state, has a set of laws that apply to wrongful death claims. We’ll cover several key aspects of these laws, including who is eligible to file a wrongful death claim, the time limit on filing this type of lawsuit in court, and what damages can be recovered.

What is Wrongful Death?

Wrongful death occurs when a person is killed due to the negligence or fault of another person or entity, such as a business. Examples of wrongful deaths may include those caused by medical errors, car crashes, defective products, or deadly assault.

Under Illinois law, the victim’s estate and survivors are able to recover compensation for the wrongful death of their loved one in such situations.

Statute of Limitations for Wrongful Death Claims in Illinois

The deadline that is set by Illinois law to file a wrongful death claim to be considered in the legal process is within two years, generally. This is what’s known as the “statute of limitations.” There are a exceptions for minors and criminal actions for which the deadline may be extended. It’s best to find a wrongful death lawyer as soon as possible so they can determine what statute of limitation applies to your case.

Types of Damages That Can be Recovered in Illinois Wrongful Death Cases

The court will award what is known as “damages” to the deceased person’s survivors or estate. In Illinois, damages are paid to the deceased person’s surviving spouse and next of kin according to their level of dependency on the deceased person, which is determined by the court.

Damages are intended to compensated for the deceased person’s survivors financial losses and intangible losses endured by the family. Common types of damages awarded in Illinois include money for:

survivors’ grief, sorrow, and mental suffering
loss of financial support the deceased would have provided, including wages and benefits
loss of consortium (meaning the loss of society, companionship, and sexual relationship the deceased would have had with his/her spouse); and
loss of instruction, education, and moral training the deceased would have provided to any surviving children

Some states cap the amount of damages that can be awarded to a plaintiff in a wrongful death lawsuit, but Illinois does not have any limit.

Considering a Wrongful Death Lawsuit?

If you have lost a loved one and believe the death was wrongful, contact the trusted wrongful death attorneys at the Dinizulu Law Group for a free consultation today at (312) 384-1920. Our attorneys will carefully review your case to determine what statute of limitations applies to your case. We’re here for you and your family in these difficult times.

New Nursing Home Safety Measures and Minimum Staffing Requirements

March 8, 2022/in Blog/by Yao Dinizulu

CHICAGO, IL – President Joe Biden announced the Centers for Medicare & Medicaid Services are establishing a minimum staffing requirement as part of a broader plan to “crackdown” on unsafe nursing homes across the country.

The reform is part of four new initiatives to ensure that nursing home residents receive the quality care that they need and deserve. Part of the new initiative includes plans to reduce resident room crowding and working to phase out rooms with three or more residents to promote single-occupancy rooms.

CMS will also update the Skilled Nursing Facility Value-Based Purchasing Program which proposes new payment based on adequacy and resident experience, as well as how nursing home facilities retain staff members.

Lastly, the agency will launch a new effort to identify “problematic diagnoses” and refocus their efforts to decrease the inappropriate and gross use of antipsychotic medications administered within nursing home facilities.

A “Widespread” Failure

A KFF analysis showed more than 200,000 residents and staff in long-term care facilities have died from COVID-19.

The White House said in a statement, “Despite the tens of billions of federal taxpayer dollars flowing to nursing homes each year, too many continue to provide poor, sub-standard care that leads to avoidable resident harm.”

Establishing a minimum staffing level will ensure that nursing home residents will be provided safe, quality care and that workers have the support they need.

President Biden will also ask Congress to expand CMS’ power so it can validate certain data and take enforcement action against the facilities that submit incorrect information.

Overuse of Antipsychotics in Private Equity Ownership

The Biden Administration took a harsh look at private equity’s ownership of nursing homes. Research has shown that private equity firms have been buying struggling nursing homes and they have a significantly worse outcome for residents.

More than 18,000 nursing facilities were examined and found that private equity ownership increased “excess” resident mortality by nearly 10 percent, increased prescription of antipsychotic drugs by 50 percent, decreased staffing hours by 3%, amongst other factors.

Special Focus Facility Program “Overhaul”

The Special Focus Facility program will be quickly improved that includes changes to make requirements tougher and more impactful. Facilities that fail to improve will face increasingly large enforcement which may include termination from participation in Medicare and Medicaid.

CMS will also expand how often it will penalize poor-performing facilities based on reviews of data submissions, in addition to on-site inspections. The White House plans to call on Congress to allow CMS to levy to be able to collect more robust ownership and operating data.

These measures are part of new actions the administration is taking to tackle some of the most pressing issues, including are “new steps” to protect senior and other nursing home residents by cracking down on unsafe nursing facilities.

Common Injuries from Physical Abuse in Nursing Homes in Illinois

March 5, 2022/in Blog/by Yao Dinizulu

CHICAGO, IL – Choosing to place your loved one in a nursing home facility can be a tough decision, but it may be necessary if they require attention and the long-term care that they need. Unfortunately, nursing home abuse and neglect continue to be an ongoing problem across the country which can lead to injuries, worsen conditions, or in worse cases, can lead to death.

If you have a loved one in a nursing home, it’s important to look out for signs of abuse or neglect that may be appearing within the facility.

Common Types of Nursing Home Injuries

Nursing home residents are more prone and vulnerable to being injured. Sadly, many nursing home residents’ injuries are caused by abusive or neglectful treatment from nursing home staff members. Knowing the most common types of nursing home injuries can help you spot them and prevent them. Common injuries include:

Infections or sepsis
Sprains or fractures
Bedsores or pressure ulcers
Unexplained lacerations, scratches, or bruises
Asphyxiation (choking)
Burns
Dental injuries
Head or brain injuries

Common Forms of Nursing Home Abuse and Neglect

There can be more subtle forms of nursing home abuse or neglect, other than those listed above. These signs of abuse or neglect may appear as:

Physical force including slapping, shoving or shaking
Unreasonable use of chemicals or physical restraints
Deprivation of food or water
Force-feeding
Medication errors such as overmedication or failure to provide medications
Unsanitary conditions which can lead to bedsores or infections
Fall accidents that are preventable

Sexual abuse can be very hard to detect; however, their symptoms of abuse are often similar to other signs of physical or emotional abuse. Sexual abuse indicators may include genital or breast injury, urinary tract infections, or newly sexually transmitted infections or diseases.

Contact a Chicago Nursing Home Abuse and Neglect Lawyer

If you’re concerned whether your loved one is experiencing nursing home abuse or neglect, it’s important you contact the authorities and reach out to an experienced nursing home abuse attorney right away. The skilled team at the Dinizulu Law Group can help you navigate through this difficult time and we will work to protect the interests of your loved one. To receive a free consultation, call our firm today at (312) 384-1920 or visit our website for more information.

Medical Malpractice Case Study: 80-Year-Old Man Transported to Emergency Room after Fall at Local Nursing Home

March 2, 2022/in Blog/by Yao Dinizulu

CHICAGO, IL – A recent case study done by NSO (Nursing Malpractice Insurance, Liability Insurance Nurses) on medical malpractice claims that may be asserted against any healthcare practitioner, including nurses.

An 80-year-old man was transported via ambulance from his nursing home to a local emergency room for evaluation after he had an unwitnessed fall. This patient lived at the local nursing home and had a known medical history of severe dementia and osteoporosis. When the patient arrived at the emergency room, he arrived alone with no staff members from the nursing home facility or family members.

The patient entered triage at the hospital by the nursing staff. The nurses documented during triage that the patient’s vital signs were stable, that he was a bad historian, and complained of hurting “all over.” After triage was completed, the patient was taken to a bed in the emergency department treatment area – located 20 feet from the nurses’ station.

The RN (registered nurse) noted that the patient was confused, uncooperative, and incontinent. After the assessment, they noted that he was a fall risk. Specific interventions were also documented that should have been implemented fall interventions, to include side rails up, place the patient’s call bell within their reach, maintain the bed in a low position, and consider patient placement close to the nursing station.

Nearly two hours later, the patient was evaluated by the emergency room practitioner. The practitioner noted the patient was restless and ordered that he be sedated to prepare for diagnostic tests which included a CT scan of the head, imaging results of the ribs, knees, and pelvis. After the patient was sedated and the tests were run, he was returned to his bed in the emergency department treatment area where diagnostic tests were reported negative.

A nurse assisted the patient to the bathroom and noted that he was able to walk independently, but had an unsteady gait. The nurse left the room after the patient returned to his bed, placing the side rails up and the bell call within reach of the patient.

Thirty minutes later, housekeeping staff found the patient laying on the floor yelling for someone to help. Staff immediately responded by assessing the patient. After following department protocol, the patient underwent additional diagnostic tests and the results of the hip x-ray confirmed a right hip fracture.

The patient was later admitted to the hospital and evaluated by an orthopedic surgeon the following morning. Surgical intervention for the hip fracture was recommended by the surgeon and the patient’s son provided consent for the procedure where he underwent an open reduction and internal fixation of his hip fracture.

Post-operatively, the patient developed pneumonia which required antibiotic therapy and lengthened his hospitalization. He was discharged back to the nursing home where he was able to ambulate prior to the hospitalization, but his activity level is now limited to being wheelchair-bound.

More Than 100 Cars and Semi’s Crash Shut Down Interstate in Illinois

February 22, 2022/in Blog/by Yao Dinizulu

CHICAGO, IL – Interstate 39 in downstate Illinois is back open after a 100-car pileup on Thursday afternoon forced the roadway to be shut down.

Around 3:15 PM, more than 100 vehicles, including semi-trucks, were involved in multiple car crashes in the southbound lanes of the interstate near El Paso – roughly 50 miles east of Peoria, according to Illinois State Police.

An Illinois State Police Trooper was caught in the pile-up while trying to shut down lanes. Even more cars started crashing and a pick-up truck was plowed into the back of the trooper’s SUV. Luckily, no one was hurt.

Also in Illinois, Interstate 74 near Champaign was blocked heading eastbound after a crash involving several semi tractor-trailers were involved in a crash.

“Numerous crashes and whiteout conditions are making travel extremely dangerous if not impossible,” Master Sgt. Matt McCormick told the Associated Press.

The Illinois Department of Transportation said multiple crashes were blocking all lanes of Interstate 57 southbound.

Who to Contact After Being Injured in a Car Accident

The skilled personal injury lawyers at the Dinizulu Law Group combined decades of experience with helping injured victims and their families in Chicago and throughout Illinois. Clients know they can trust us with their case while they focus on getting better. Our attorneys put our resources towards helping you win the maximum compensation you are entitled to. To learn more, call our office now for a free consultation at (312) 384-1920 or visit our website for more information.