DGAA bLAWg

Illinois Supreme Court to Consider Negligent Credentialing Case

Web Admin - Monday, February 16, 2015

Illinois Negligent Credentialing, medical malpractice lawyerThe relationship between doctors and hospitals is a complex one. Most people assume that the doctors work for or are partners in the hospital. While some hospitals choose to employ their doctors, it is much more common for the doctors to be independent contractors. The hospitals give the doctors the right to admit patients to the hospital and use their facilities, a decision known as “credentialing.”

Yet, hospitals cannot simply give privileges to whomever they want. The law imposes a duty on hospitals to exercise reasonable care in managing their facilities in order to protect patients. Failure to do so can see the hospital held liable for negligent credentialing.

What Is Negligent Credentialing?

Negligent credentialing occurs when a hospital allows a physician to use their facilities despite that physician’s lack of qualifications. Illinois law requires a plaintiff to prove three things in order to prevail on a negligent credentialing claim:

  1. 1. The hospital breached its duty of care by improperly granting staff privileges to an unqualified physician;
  2. 2. The physician breached the medical standard of care by providing medically negligent treatment in conjunction with their negligently awarded privileges; and
  3. 3. The awarding of the privileges was the proximate cause of the plaintiff’s injuries, meaning that the direct cause of the injuries was the fact that the hospital negligently granted staff privileges to the doctor.

One of the difficulties of winning on a negligent credentialing claim is proving that first element. This requires evidence of what the hospital knew when they credentialed the physician and how thorough their procedures were. The Illinois Supreme Court recently took a case to determine whether plaintiffs in a lawsuit may have access to those records, Klaine v. Southern Hospital Services.

Klaine v. Southern Illinois Hospital Services

The issue in Klaine arises from a colon surgery gone wrong. The plaintiff wanted to pursue a negligent credentialing claim against the hospital, and as part of discovery process the plaintiff requested information about the surgeon’s credentialing process, such as his work history, prior insurance claims against him, and recommendations about his credentialing by the hospital staff. The hospital resisted, citing an Illinois law requiring that a physician’s application for staff privileges be kept “confidential.” The appeals court decided that there was a difference between general confidentiality rules and “privilege,” the special, heightened form of confidentiality that protects things from disclosure during a lawsuit. The Supreme Court will now take the case on to determine if the appeals court was correct in that determination.

The landscape of medical malpractice law is constantly changing. If you have been injured by a physician’s negligence and want to learn more about your options, contact a Crystal Lake medical malpractice attorney at Drost, Gilbert, Andrew & Apicella, LLC today. Our firm helps injured patients all across the northwest suburbs, including in towns like Inverness, Palatine, and Schaumburg.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

High Amounts of Preventable Mistakes During Surgery

Web Admin - Wednesday, August 06, 2014

mistakes during surgery medical malpracticePeople routinely place their lives in the hands of medical professionals like surgeons, trusting that they will be careful and responsible. At the same time, people understand that accidents do happen. Surgery can be a difficult process, and there are some complications, like infections, that may occur even if the doctors do everything right. Still, there are certain surgical mistakes that medical professionals universally agree should never occur.

Generally speaking, these “never events” include leaving surgical implements in a patient, performing operations on the wrong site, performing the wrong type of operation, and performing the surgery on the wrong patient. Despite this universal agreement that such completely preventable mistakes should never happen, a study from Johns Hopkins University reveals that surgeons make these sorts of errors with startling regularity.

The Johns Hopkins Study

The study analyzed data that researchers gleaned from the National Practitioner Data Bank (NPDB), a database of medical malpractice claims. The law requires hospitals to report preventable surgical errors that lead to legal settlements or judgments against the hospital to the NPDB. This makes the NPDB a repository of data on never events.

The researchers used data from the NPDB and extrapolated out total error rates based on the thousands of medical malpractice judgments and settlements over the last 20 years. They estimate that there are over 4,000 preventable surgical errors in the U.S. every year. These sorts of errors tend to result in a patient's death approximately 6.6 percent of the time, with another 32.9 percent of patients suffering a permanent injury from the never event.

Additionally, the researchers analyzed the patterns of surgeons who make these sorts of mistakes. For instance, they found that surgeons between the ages of 40 and 49 accounted for over one in every three mistakes and that over 10 percent of doctors had been implicated in more than one never event.

Possible Precautions

Fortunately, there are a variety of precautions that hospitals can take to ensure that these sorts of preventable errors do not occur. For instance, some hospitals have specific protocols in place to inventory surgical implements like towels and sponges before and after a surgery to ensure that the doctors leave nothing behind inside the patient.

Beyond that, many hospitals also use special review procedures at the start of a surgery, ensuring that the patient's records for the surgery match the patient on whom the doctor is about to operate. Additionally, practitioners can also use permanent marker to label the operation site. This can help prevent surgeons from operating in the wrong place or operating on the wrong patient.

If you or one of your loved ones has recently been the victim of a surgical error or other medical mistake, contact a skilled Illinois medical malpractice attorney. Our firm represents injured patients in many different northwest suburban towns, including Schaumburg, Arlington Heights, and Crystal Lake.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


Recent Posts


Tags

Des Plaines personal injury lawyers pedestrian-automobile accident denied insurance claim Colin Gilbert Home Sale Contingencies installment contracts Barrington personal injury lawyer drug crimes employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Schaumburg traffic lawyer Deer Park personal injury lawyer Schaumburg personal injury lawyers Crystal Lake traffic attorney taxes FMLA condo association changes to mortgage law Schaumburg medical malpractice lawyer nursing home negligence cell phone health insurance dispute business litigation Rolling Meadows criminal lawyer Arlington Heights personal injury attorney Des Plaines DUI attorney hiring employees sexual images vacation home fines fiduciary rule Self-Directed IRA Accounts Inverness estate planning lawyer surgical mistakes car crash Illinois motorcycle accident lawyer Illinois lawyer license suspension Des Plaines civil attorney Crystal Lake civil litigation lawyer Illinois registered agent consent to a search fault based insurance BUI Barrington real estate lawyer trucking accidents Illinois employment law attorney speeding estate planning attorney Employment Discrimination Law problem employees suspended license capital gains tax Rolling Meadows drug defense attorney owner responsibility texting and driving slip and fall accidents tax attorney probate claims process Palatine Attorney Attorney Ken Apicella breach of contract Rolling Meadows traffic attorney Federal Food Drug and Cosmetic Act Barrington estate planning attorney commercial real estate Arlington Heights employment attorney Long Grove real estate lawyer Crystal Lake medical malpractice law firm Illinois elder law attorney mortgage workers comp Illinois tax attorney Illinois Workers’ Compensation Commission personal injury accidents Illinois wrongful termination lawyer Buffalo Grove real estate attorney IRA benefits Class A misdemeanor Rolling Meadows personal injury lawyer elder law commercial leases Illinois real estate distracted driving accident victims compensatory time Arlington Heights Traffic Lawyer Chicago will attorney Palatine corporate attorney unfunded trust probate fees distracted driving accidents Crystal Lake pet attorney Barrington criminal defense lawyer insurance claim dispute attorney POA Rolling Meadows personal injury lawyers Schaumburg employment attorney federal regulations for LLCs bicycle accidents preventable medical errors Palatine civil attorney pedestrian injuries, pedestrian fatality estate planning trusts Illinois construction accident attorney Illinois personal injury lawyers spinal cord injury irrevocable trust liability Illinois criminal defense attorney hands free device agent underinsured motorist traffic violations defense whistleblower protections car accidents dynasty trusts Inverness elder law lawyer construction contracts insurance agents defective products lawyer medical malpractice claims Crystal Lake traffic lawyer Illinois employment laws Illinois Wage Payment and Collection Act personal injury lawyer Des Plaines injury law firm dealing with problem employees Illinois personal injury attorney guardianship attorney preventing accidents estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Chicago insurance claim attorneys insurance claim delay natural gas living trust vs will personal injury attorney IRA trust transfer Rolling Meadows DUI lawyer Inverness accident lawyer employee discrimination marijuana crimes attorney underage DUI Buffalo Grove traffic attorney Rolling Meadows digital media accounts, estate planning, Arlington Heights estate planning attorney, Mt Prospect Attorney Des Plaines drug lawyer low-ball insurance settlement spinal cord injuries head on collisions Joliet general practice lawyers Buffalo Grove corporate attorney elder abuse dog bites Chicago corporate attorney Crystal Lake accident attorney Crystal Lake will lawyer clemency Rolling Meadows personal injury attorney Super Mario mass shooting Barrington civil litigation attorney institutional trustee drugs ACA probate right to work Arlington Heights wills and trusts attorney estate tax Des Plaines accident attorney Rolling Meadows accident lawyer Illinois insurance claim dispute lawyers foreclosed rental property Arlington Heights injury attorney Inverness real estate attorney Illinois trusts attorney Illinois traffic accident lawyer traffic deaths deadly crashes insurance negligence Schaumburg wrongful death attorney natural gas explosion Illinois corporate lawyer Illinois Sales Representative Act underfunded trust Arlington Heights real estate lawyer Buffalo Grove traffic lawyers criminal defense Illinois estate planning attorney Schaumburg injury lawyer federal crimes brain injury Long Grove estate planning Illinois business law atorneys Inverness real estate lawyer Illinois workers compensation attorney Schaumburg estate planning attorney Illinois law job lawyers civil litigation estate attorney real estate contract construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation bike accident Illinois probate lawyer in terrorem provision Palatine probate lawyer Des Plaines personal injury lawyer bad faith insurance claims employees privacy laws medication errors medical malpractice compensation digital evidence Kenilworth estate planning attorney Barrington personal injury attorney Illinois Human Rights Act insurance adjusters anesthesia errors Illinois Smoke Detector Act fatal car accidents Chicago will attorney, social media platforms, Illinois estate planning lawyer, Des Plaines drug crimes lawyer Deer Park employment law attorney Arlington Heights insurance attorney Schaumburg drug defense lawyer Illinois medical malpractice lawyers internet Arlington Heights TBI attorney employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Illinois jet ski accident lawyer Crystal Lake insurance lawyer pay when paid contract real estate attorney Buffalo Grove law firm Palatine trusts lawyer Illinois workplace lawyer Deer Park real estate law firm trusts Crystal Lake car accident attorney digital assets Arlington Heights lawyer Illinois DUI attorney insurance disputes Arlington Heights estate planning attorney living wills Rolling Meadows traffic law firm back injuries landlord tenant law ken apicella license revocation Rolling Meadows business lawyer denied insurance claims Rolling Meadows estate planning attorney uninsured motorist healthcare rent to own real estate contracts Arlington Heights accident attorney Illinois medical malpractice attorney Arlington Heights wills and trusts attorneys criminal law Rolling Meadows Traffic Lawyer Palatine civil litigation lawyer boating accidents employment law, Illinois employment laws car accident Barrington Traffic Lawyer wills insurance denials Crystal Lake employment attorney car crashes Des Plaines IRELA traffic crimes Palatine injury attorney Schaumburg employment law attorneys Schaumburg Attorney Illinois traffic laws Deer Park traffic lawyer Chicago estate planning Palatine construction attorney Schaumburg Fair Labor Standards Act IRS Food and Drug Administration's Food Safety Modernization Act Palatine employment law lawyer insurance dispute attorney DUI penalities Inverness corporate attorney insurance denial appeals DUI attorney gift taxes Schaumburg civil litigation attorney Schaumburg car accident attorney Illinois Probate Act of 1975 Inverness injury lawyer Illinois pet lawyer Buffalo Grove probate lawyer Illinois small business college kids Illinois estate planning law firm product liability probate claims Illinois bicycle safety healthcare claims Arlington Heights criminal lawyer Buffalo Grove personal injury attorney real estate attorneys Buffalo Grove employment lawyer Forcible Entry fiduciary rule delay Illinois insurance lawyer CAM unpaid overtime Schaumburg elder law lawyer holiday statistics wrongful termination pain and suffering Inverness probate lawyer Barrington attorney Illinois insurance disputes Arlington Heights trucking lawyer real estate ObamaCare Illinois will lawyer texting while driving Buffalo Grove injury lawyer Crystal Lake pedestrian accident lawyer BAC workers compensation Illinois traffic attorneys real estate zoning Illinois Trust Code Des Plaines medical malpractice attorney insurance claim denials personal injury law firm Crystal Lake estate planning lawyer car accident lawyer Schaumburg insurance lawyers Mount Prospect elder law attorney pizza emoji South Barrington real estate attorney real estate closing Barrington workers compensation attorney medical research Palatine insurance lawyer workplace sexual harassment Affordable Care Act creditors Deer Park motorcycle accident lawyer construction accidents digital information Crystal Lake medical malpractice attorneys Illinois employment law drunk driving statistics financial advisors Rolling Meadows insurance attorney Policy Cancellation Palatine workers compensation lawyer wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace power of attorney real estate leasing home inspection lawyer Des Plaines motorcycle accident attorney advance healthcare directive Crystal Lake personal injury attorney Illinois employment law attorneys probate lawyer Detainer Actions no contest clauses Deer Park accident attorney Arlington Heights traffic attorney Illinois insurance claims lawyers Schaumburg personal injury lawyer startup company unauthorized overtime Palatine criminal defense lawyer Rolling Meadows car accident lawyers Palatine traffic accidents Illinois car accident attorney car accident lawyers criminal record Schaumburg personal injury attorney minimum wage personal injury claim pet bites traumatic brain injury bicycle dooring accidents Rolling Meadows boating crash lawyer Long Grove estate planning attorney Do Not Resuscitate Illinois boating accident lawyer estate planning for college students Arlington Heights wills and trusts lawyer criminal trench injuries Crystal Lake injury attorney controlled substance power of attorney for healthcare Crystal Lake car accident lawyer Illinois trucking safety Chicago attorney rumble strips reckless homicide denial of life insurance Barrington estate planning lawyer severance agreements Illinois insurance attorney Barrington employment law firm Rolling Meadows insurance dispute lawyers insurance claim dispute Barrington Illinois estate planning lawyer new real estate form license commercial leasing breathalyzer test trauma after an accident sole proprietorship South Barrington real estate lawyer Crystal Lake employment lawyer premises liability work unions GM ignition switches Rolling Meadows corporate lawyer Rolling Meadows probate lawyer Rolling Meadows medical malpractice lawyers employment contract insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys license reinstatement golf accidents Arlington Heights employment law attorneys Fourth of July personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Des Plaines personal injury attorney murder charges Rolling Meadows real estate attorney Buffalo Grove criminal defense lawyer Rolling Meadows employment law attorney estate planning employment law personal injury claims crossover accidents manufacturing Chicago estate planning lawyer Transfer on Death Instrument vacation home first degree murder insurance claims loss of consortium small business medical marijuana blended families Illinois personal injury life insurance lawyer trucking accident lawyers Palatine estate planning lawyer hit and run accident homestead rights Illinois mortgages pregnant women Chicago car accident lawyer subcontractor Barrington business law firm Illinois collections attorney Schaumburg criminal attorney Long Grove real estate attorney traffic laws liens caregiver insurance dispute life insurance claims Illinois accidental death benefits Barrington employment attorney Deer Park criminal attorney wage theft Inverness civil lawyer Des Plaines collections attorney Crystal Lake medical malpractice lawyer trust payments Crystal Lake business law attorneys Illinois insurance claim attorney Barrington criminal lawyer Chicago insurance law firm workers compensation benefits Barrington boating accident attorney driving Deer Park workers compensation lawyer drug possession Des Plaines Traffic Lawyer Rolling Meadows tax attorney drunk driving comp time Deer Park traffic accident attorney Deer Park DUI lawyer insurance attorney meal breaks Whistleblower Claims Illinois workers compensation lawyer independent contractor insurance claim denial appealing an insurance claim digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers automated cars Buffalo Grove car accident lawyer Arlington Heights Attorney drug crime Illinois estate planning Colin H. Gilbert Des Plaines criminal attorney Long Grove wills and trusts attorneys Illinois workplace discrimination attorney products liability probate process Thanksgiving Arlington Heights car accident lawyer Buffalo Grove medical malpractice lawyers Chicago traffic lawyer Crystal Lake bike accident lawyer PTSD pedestrian accident Rolling Meadows criminal attorney employment attorney Illinois medical malpractice claim insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Illinois employment attorneys deed transfer Palatine elder law attorney Chicago trucking accident attorney liability claims traumatic brain injuries Crystal Lake tax lawyer employee rights Palatine punch death insurance claim FSLA Illinois employee rights attorney. Crystal lake insurance dispute attorney Rolling Meadows insurance dispute lawyers, insurance dispute dram shop law Palatine employment attorney Schaumburg construction accident lawyer life insurance Crystal Lake personal injury lawyer social media after death murder defense Legal Info overtime pay swimming pools Palatine employment lawyer rollover accidents Palatine personal injury lawyer Palatine real estate lawyer Des Plaines pet law attorney Chicago employment attorney Kenilworth estate planning attorneys slip and fall life insurance policy truck collisions DUI defense Arlington Heights medical malpractice lawyer DGAA Home Remodeling Repair Act Retaliatory Discharge Illinois traffic attorney medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Illinois employment lawyer Illinois living will real estate lawyer Palatine traffic lawyer Buffalo Grove insurance claim dispute lawyers motorcycle accident lawyer drug crimes lawyer cell phone accidents paid sick leave involuntary manslaughter Schaumburg corporate attorney Rolling Meadows litigation lawyer Illinois Transfer on Death Instrument traffic tickets Rolling Meadows marijuana attorney Barrington employment law attorney loopholes child safety icy parking lots Family Medical Leave Act condo Illinois LLC creation landlord traffic offenses modern family estate planning trustee BAIID residential real estate Palatine business attorney Jay Andrew Illinois pedestrian accident attorney Rolling Meadows employment attorney Chicago biking tips Exclusions Des Plaines real estate attorney unpaid assessment Schaumburg real estate lawyer Illinois wills and trusts attorneys Kenilworth estate planning lawyer Illinois real estate lawyer attorney fees caretaker rights rollover car crashes Riverwoods estate planning lawyer LLCs DMV Illinois medical malpractice case Barrington injury attorney Palatine drug lawyer estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Illinois defective products attorney Barrington medical malpractice lawyers Inverness DUI lawyer Schaumburg estate attorney Schaumburg estate planning lawyer Mount Prospect real estate lawyer Landlord Tenant Ordinance Barrington drug crime attorney DUI Liquor Control Act Arlington Heights tax lawyer civil litigation attorney coronavirus traffic accidents income distribution deducation food poisoning Des Plaines insurance attorney Illinois insurance claim dispute lawyer revenge porn boating under the influence murder cell phone tower data motorcycle accident Illinois traffic ticket lawyer Schaumburg probate attorney Long Grove estate planning attorneys personal injury Crystal Lake employment law attorney contracts Rolling Meadows insurance lawyer llinois Real Estate Lawyers Association Arlington Heights personal injury lawyer DNR Crystal Lake law firm eluding a police officer Des Plaines tax law firm Palatine law firm Chicago lawyer pedestrian accidents medical malpractice employment lawyer Deer Park medical malpractice attorney comparative negligence Des Plaines real estate lawyer car crash injuries Rolling Meadows Attorney car collision Illinois personal injury lawyer disability benefits Illinois red light cameras filing a medical malpractice claim Crystal Lake criminal defense attorney Inverness traffic law firm wrongful death civil rights violation Illinois injury lawyer auto accidents Illinois driving without license senior citizens Illinois rollover accident lawyers Illinois insurance dispute lawyers Illinois business lawyer rest breaks foreclosure Arlington Heights car crash attorneys Illinois employment law firm living trust benefits Buffalo Grove personal injury lawyer traffic violations sexual harassment boating DUI field sobriety test Barrington litigation attorney Inverness personal injury attorney gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Palatine corporate law attorneys Des Plaines claims law firm TBI employee misclassification Schaumburg criminal law attorney corporate law insurance agent negligence Illinois speeding lawyer Inverness insurance attorney marijuana defective products Illinois home inspection Mount Prospect wills and trusts lawyers estate planning lawyer jet ski accidents estate plan privacy wills and trusts Rolling Meadows employment law attorneys Arlington Heights wills and trusts lawyers Illinois attorney special needs trust Illinois wills and trusts investment property Chicago employment lawyer blood alcohol content expungement jet ski operating agreements pet law Illinois job attorney overtime violations School Visitation Rights Act forming a corporation in Illinois living trust Arlington Heights pedestrian accidents Illinois civil litigation lawyer

Archive