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

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

Archive