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Many times patients trust that the medical tests and procedures are medically necessary and safe. But new evidence is coming to light indicating that several common medical tests and treatments that doctors order are unnecessary. In fact, according to recent Consumer Reports data, nearly half of primary-care physicians say that their own patients get too much medical care, and the Congressional Budget Office says that up to 30 percent of health care administered in the U.S. is unnecessary.

As we recently reported, unnecessary medical tests and procedures can result in additional costs and medical risks by exposing patients to radiation and additional unnecessary medical procedures. Last month, several doctors and high level executives at Chicago’s Sacred Heart Hospital were arrested in connection with a massive Medicare fraud scam that involved allegations of unnecessary medical procedures, including unnecessary tracheotomies that exposed patients to additional risks and further delayed the patient’s recovery.

Consumer Reports makes the following recommendations regarding some of the most common unnecessary medical tests and procedures:

• EKGs and exercise stress tests for heart disease. Both tests are critical if a patient has heart disease or has a high risk of developing heart disease, but for other patients these tests can be inaccurate and may lead to unnecessary follow-up tests and procedures, including CT angiogams and coronary angiography, which can expose a patient to significant additional radiation. An EKG and exercise stress test should be ordered if a patient has chest pain, an irregular heartbeat, or other symptoms of heart disease, as well as for patients with diabetes or other coronary risk factors who are beginning an exercise regime. For other patients, the tests may be unnecessary.
• CT scans and MRIs for headaches. Brain scans often reveal things that are not dangerous but may trigger unnecessary follow-up tests. Moreover, head CT scans of the head can deliver a radiation dose equal to 15 to 300 chest X-rays. CT scans are often only warranted if a patient has an abnormal neurological exam or a doctor cannot diagnose a medical condition based on a medical exam alone.
• Bone-density scans for low-risk women. Oftentimes, a bone density scan reveals that a woman has mild bone loss, or osteopenia. Although the risk of fracture with osteopenia is quite low, this diagnosis often leads to treatment with such drugs as alendronate (Fosamax) and ibandronate (Boniva). These drugs pose several risks, including thigh fractures, throat or chest pain, difficulty swallowing, heartburn, and more rarely, bone, eye, joint and muscle pain, bone loss in the jaw, and abnormal heart rhythm. Most women don’t need to get a bone-density scan until age 65, men at age 70. Younger women and men might want to consider the test only if they certain specific risk factors.

If you have received an unnecessary medical test or procedure, you may want to consult with a medical malpractice attorney like the Chicago medical malpractice lawyers at Ankin Law Office, LLC. Contact our office at (800) 442-6546 to schedule your free consultation with one of our knowledgeable Illinois unnecessary medical treatment lawyers.

Howard Ankin of Ankin Law Office LLC (www.ankinlaw.com) handles workers’ compensation and personal injury cases. Mr. Ankin can be reached at (312) 346-8780 and howard@ankinlaw.com.

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A tracheotomy or tracheostomy is a surgical procedure, whereby a doctor opens up the windpipe, or trachea. A tracheotomy may be performed for several reasons, including a blocked windpipe, a swollen windpipe, severe injury to the neck or mouth, paralysis of the throat muscles, or a tumor.

Tracheotomies should only be used in critical situations, however, when medically necessary because of the risks associated with tracheotomies and any surgical procedure. Certain complications are likely to occur during or shortly after the tracheotomy procedure, such as:

• Bleeding
• Infection
• Damage to the trachea
• Air trapped in tissue under the skin of the neck, which can cause breathing problems and damage to the trachea or esophagus
• Buildup of air between the chest wall and lungs, which causes pain, breathing problems or lung collapse

Some long-term complications are more likely to occur the longer that a tracheotomy is in place, such as:

• Displacement of the tracheotomy tube from the trachea
• Narrowing of the trachea
• Abnormal tissue formation in the trachea
• Obstruction of the tracheotomy tube
• Development of an abnormal passage between the trachea and esophagus, which can increase the risk of fluids or food entering the lungs

Tracheotomies are particularly risky for children, smokers, alcoholics, obese adults, the elderly, persons with chronic respiratory infections, and persons taking certain medications.

Although tracheotomies are considered to be relatively safe, any surgical procedure – particularly those done in an emergency setting – come with certain risks. If a doctor or surgeon performs an unnecessary tracheotomy, he or she could be liable for medical malpractice.

As we recently reported, several doctors and executives at Sacred Heart Hospital in Chicago have been charged with a orchestrating a massive scheme to defraud Medicare and Medicaid by collecting kickbacks and performing unnecessary tracheotomies.

The Chicago tracheotomy malpractice attorneys at Ankin Law Office, LLC focus on representing the victims of medical malpractice who have been injured or died as a result of an unnecessary medical procedure, such as an unnecessary tracheotomy. Because we focus on representing the victims of medical malpractice, we can advise you of your legal rights and advocate to protect your interests. We will work tirelessly to get you the financial recovery that you deserve.

If you or a loved one has received an unnecessary tracheotomy or other unnecessary medical procedure, contact our office at (800) 442-6546 to schedule a free consultation with one of our knowledgeable Chicago medical malpractice attorneys.

Howard Ankin of Ankin Law Office LLC (www.ankinlaw.com) handles workers’ compensation and personal injury cases. Mr. Ankin can be reached at (312) 346-8780 and howard@ankinlaw.com.

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The stories coming out of the Medicare fraud scandal at Chicago’s Sacred Heart Hospital are astonishing. According to the Chicago Tribune, one doctor allegedly overdosed patients with sedatives in order to necessitate tracheotomies and lengthy hospital stays and then billed Medicare for the treatment, which cost taxpayers about $160,000

Unfortunately, this is just the tip of the iceberg when it comes to Medicare fraud. The healthcare industry currently accounts for about $2.8 trillion – a fifth of the U.S. economy. In fact, as this Chicago Tribune article points out, Americans spend more than twice as much on health care each year than they spend on food, yet America scores just average, or below average, on most health indicators among developed nations.

Of the $2.8 trillion that is spent on health care, approximately $800 billion is paid by taxpayers via the Medicaid and Medicare programs, of which $60 billion is attributed to Medicare/Medicaid fraud.

Medicare fraud generally refers to any conduct by an individual or entity that results in the collection of Medicare or Medicaid reimbursements under false or illegal pretenses. Common types of Medicare fraud include:

• Phantom billing, which occurs when a medical provider bills Medicare for unnecessary medical procedures, tests, or treatment, or procedures, tests, or treatment that was never performed.
• Patient billing, which occurs when a patient who is involved with the scam provides his or her Medicare number in exchange for kickbacks so that the health care provider can bill Medicare for various services.
• Upcoding schemes, which occurs when a health care provider inflates bills by using a billing code that corresponds with an expensive medical procedure.

Not only does Medicare fraud hurt the public by causing taxpayers to spend billions of dollars on unnecessary or unperformed medical care, but it can also hurt patients by resulting in the delivery of substandard medical treatment. In fact, Medicare fraud can put the lives of patients at risk, as is the case at Chicago’s Sacred Heart Hospital where several patients subject to unnecessary and potentially dangerous medical treatments as part of a Medicare scam.

To date, seven individuals – including Sacred Heart’s owner, a high-level executive, and five doctors – have been charged in connection with an alleged kickback and Medicare fraud scheme that allegedly consisted of illegal kickbacks for Medicare/Medicaid patient referrals and unnecessary medical treatments, including unnecessary tracheotomies.

How to Protect against Medicare Fraud and Unnecessary Medical Procedures

It is important that patients remain vigilant and proactive about their health care. Patients obtain a second opinion before undergoing any invasive procedurewhenever possible. Moreover, if you suspect that a doctor or health care provider is engaged in Medicare fraud, it is important to report it to the appropriate authorities and consult with a skilled whistleblower attorney like those at Ankin Law Office, LLC.

Contact our office at (800) 442-6546 to schedule a free consultation with one of our skilled Chicago Medicare fraud attorneys.

Howard Ankin of Ankin Law Office LLC (www.ankinlaw.com) handles workers’ compensation and personal injury cases. Mr. Ankin can be reached at (312) 346-8780 and howard@ankinlaw.com.

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Last month, several doctors, executives and the owner of Chicago’s Sacred Heart Hospital were arrested and charged with a health care scandal that involved the orchestration of a massive kickback scheme and administering unnecessary medical treatments.

According to the Department of Justice, Sacred Heart’s owner, a high level executive, and some of its doctors violated the Stark Law by offering kickbacks to doctors in return for referrals of Medicare and Medicaid patients. Sacred Heart executives allegedly tried to conceal the fraudulent scheme by referring to payments as fictitious rental payments, paying the salaries of physicians’ employees, providing physicians ghost contracts for duties without any real responsibilities, creating alternative billing arrangements, and purporting to pay physicians to supervise and teach non-existent medical students.

What is the Stark Law and what are illegal kickbacks?

The Stark law consists of the following provisions that govern physician self-referral for Medicare and Medicaid patients:

• Physicians are prohibited from referring patients to an entity for a designated health service (DHS), if the physician or a member of his or her immediate family has a financial relationship with the entity (with limited exceptions).
• Hospitals and healthcare entities are prohibited from presenting a claim to Medicare or to any person/entity for DHS that was provided under a prohibited referral.

Designated health services include:

• Clinical laboratory services
• Physical therapy services
• Occupational therapy services
• Radiology services (including MRI, CT scans, ultrasound services, and nuclear medicine)
• Radiation therapy services and supplies
• Durable medical equipment (DME) and supplies
• Parenteral and enteral nutrients, equipment, and supplies
• Prosthetics, orthotics, and prosthetic devices and supplies
• Home health services
• Outpatient prescription drugs
• Inpatient and outpatient hospitalization services

There are five general exceptions to the ownership and exceptions to the ownership and compensation prohibitions, including:

• Physician services
• In-office ancillary services
• Prepaid plans
• Intra-family rural referrals
• Academic medical centers

Many states also have laws similar to the federal Stark law that prohibit or restrict physician self-referrals based on state law.

Stark law violations and illegal kickbacks can result in substantial fines and penalties, in addition to repayment of the ill-gotten funds and exclusion from further participation in the Medicare and Medicaid program.

Moreover, Stark law violations and illegal kickbacks can often affect a patient’s health and well-being since a doctor receiving kickbacks may not be qualified to perform the medical procedures and the patient’s best interests may not be the driving factor in determining medical treatment. If substandard medical care was provided as a result of Stark law violations or illegal kickbacks, the doctor or hospital could be liable in a medical malpractice claim.

The Chicago medical malpractice attorneys at Ankin Law Office, LLC focus on representing the victims of medical malpractice in lawsuits against negligent doctors, hospitals, and other health care providers. We are committed to ensuring that patients and the public are protected from unscrupulous doctors, and to protecting the rights of patients injured by dishonest doctors and health care providers.

If you or a loved one was a patient of Sacred Heart Hospital or the victim of medical malpractice, contact our office at (800) 442-6546 to schedule a free consultation with one of our skilled Chicago medical malpractice attorneys.

Howard Ankin of Ankin Law Office LLC (www.ankinlaw.com) handles workers’ compensation and personal injury cases. Mr. Ankin can be reached at (312) 346-8780 and howard@ankinlaw.com.

 (Photo credit: Wikipedia)

Mirena is a popular Intrauterine Device, or IUD, used by many women as a means of birth control. Unlike Paraguard, which is a copper IUD that prevents implantation, Mirena is a hormonal IUD that releases hormones into a woman’s body to prevent ovulation and pregnancy.

Mirena has been known to cause serious side effects, however. In some cases, the side effects are so debilitating that several women have filed product liability lawsuits against Bayer Healthcare Pharmaceuticals, Inc., the manufacturer of the Mirena IUD, alleging that Mirena caused the women to suffer severe medical conditions and injuries, as well as substantial pain and suffering.  The product liability lawsuits also allege that Bayer has overstated the benefits of Mirena for years while downplaying its potential side effects.

Some of the reported medical complications include:

• Abscesses
• Embedment in the uterus
• Erosion of adjacent areas such as the vagina
• Infertility
• Inflammation of the peritonitis (the membrane that lines the abdominal cavity and internal organs)
• Intestinal perforations or obstruction
• Pelvic Inflammatory Disease
• Perforation of the uterus

In December of 2009, the FDA issued a warning to Bayer regarding the marketing of Mirena. The FDA’s warning letter stated that Bayer “overstates the efficacy of Mirena, presents unsubstantiated claims, minimizes the risks of using Mirena, and includes false or misleading presentations regarding Mirena.”

When a patient suffers injuries or serious side effects as a result of a medication or medical device, such Mirena or Nuvaring, the product’s manufacturer can be held liable for resulting injuries in a product liability lawsuit. These cases are often the subject of class action lawsuits since many patients are often victims of the drugs’ or medical device’s dangerous side effects. In a class action lawsuit, a named representative brings a lawsuit on behalf of similarly-situated plaintiffs against the maker of an unsafe pharmaceutical.

Moreover, in the event that a doctor negligently prescribed a medication or medical device that caused an adverse reaction or serious side effects, he or she could also be held liable for medical malpractice.

If you have experienced serious side effects as a result of Mirena, the Chicago unsafe pharmaceutical attorneys can help you with any product liability lawsuit you may have. Contact one of our Illinois Mirena lawsuit attorneys at (800) 442-6546 to schedule a free consultation to learn more about how we can help you with a possible Mirena lawsuit.

Howard Ankin of Ankin Law Office LLC (www.ankinlaw.com) handles workers’ compensation and personal injury cases. Mr. Ankin can be reached at (312) 346-8780 and howard@ankinlaw.com.

Photo Credit: Bev Sykes

Food poisoning is an all-too-common and preventable illness. Food poisoning can occur anytime contaminated food is consumed, whether at a restaurant, at home, or on the job.

Depending on where the contaminated food was consumed and who served the food, liability for food poisoning may be assessed against the restaurant or product manufacturer. For instance, if a restaurant negligently handles, prepares or stores the food that causes a patron’s illness, the injured person may be able to recover for any food poisoning injuries.

When an employee contracts food poisoning while on the job, the injured employee may be able to recover workers’ compensation benefits. Generally, an injured worker is entitled to workers’ compensation benefits for any injury that occurs during the course of employment. In assessing whether or not an employee is entitled to workers’ compensation benefits for food poisoning, the following factors may be considered:

• Whether the food provided by the employer is part of the employee’s wages
• Whether the food poisoning was contracted while the employee was on an official food break
• Whether the employer’s cafeteria or foodservice was provided exclusively to employees

Because the issues impacting whether an employee is entitled to workers’ compensation for work-related food poisoning are complex, it is highly recommended that you consult with a skilled workers’ compensation attorney like those at Ankin Law Office, LLC. Our Chicago worker’s compensation attorneys will explain the workers’ compensation claim process to you and help you obtain a full and fair recovery. Moreover, we can help you pursue any third-party claims against a negligent food manufacturer or producer, if applicable.

Proving that an illness was the result of exposure to a particular food can be challenging. The knowledgeable Chicago personal injury attorneys at Ankin Law Offices are well-versed in challenges and legal complexities of pursuing a food poisoning claim, including those food poisoning workers’ compensation claims and claims brought against a restaurant or food manufacturer.

If you contracted food poisoning while on the job, do not hesitate to contact the experienced Chicago workplace injury lawyers at Ankin Law Office at (312) 346-8780 for a free consultation.

Howard Ankin of Ankin Law Office LLC (www.ankinlaw.com) handles workers’ compensation and personal injury cases. Mr. Ankin can be reached at (312) 346-8780 and howard@ankinlaw.com.

Howard Ankin of Ankin Law Office LLC (www.ankinlaw.com) handles workers’ compensation and personal injury cases. Mr. Ankin can be reached at (312) 346-8780 and howard@ankinlaw.com.

Photo Credit: Melissa Wiese

Needlestick injuries, also called sharps injuries, are a common workplace injury within the healthcare industry.  In fact, the Centers for Disease Control and Prevention estimates that approximately 600,000 to 800,000 needlestick injuries occur each year in the United States.

Needlestick injuries are such a pervasive healthcare occupational hazard that various laws are in place to help increase employee safety. For example, the Needlestick Safety and Prevention Act imposes various safety regulations on Illinois hospitals and certain other employers. If an employer that is subject to the needlestick laws fails to comply with the laws’ requirements, it could be subject to fines by the Occupational Safety and Health Administration (OSHA).

Moreover, if an employee suffers a work-related needlestick injury, he or she will generally be entitled to workers’ compensation benefits from the employer’s insurance company.

If you suffer a needlestick injury, it is important to first obtain the necessary medical treatment. After you have washed the puncture site with soap and water and obtained the appropriate medical treatment, you should immediately report the accident to your employer.

If the needlestick accident occurred in a hospital setting, you will need to find out the infection status of the patient whose blood you were exposed to and immediately get tested for various infectious diseases, such as hepatitis B, hepatitis C, and HIV. Thereafter, you should consult with a knowledgeable workers’ compensation attorney for assistance with your workers’ compensation claim.

At Ankin Law Office, LLC, we understand the severity of needlestick injuries. Because needlestick injuries are workplace injuries, you are entitled to workers’ compensation benefits, which may include medical expenses, weekly lost wage benefits, lump sum settlements, lost wage differential, and, if necessary, permanent total disability.  Our Chicago workers’ compensation attorneys will work to get you a full and fair workers’ compensation settlement, as well as recover any other compensation to which you may be entitled.

If you have experienced a needlestick injury, do not hesitate to contact the experienced Chicago workplace injury lawyers at Ankin Law Office at (312) 346-8780 for a free consultation.

Howard Ankin of Ankin Law Office LLC (www.ankinlaw.com) handles workers’ compensation and personal injury cases. Mr. Ankin can be reached at (312) 346-8780 and howard@ankinlaw.com.

 (Photo credit: Wikipedia)

The shoulder is a ball and socket joint, similar to the hip. Because the shoulder joint is extremely shallow, however, it is inherently unstable and shoulder injuries can occur easily. Inside the shoulder joint is a cuff of cartilage, called the labrum, which forms a cup for the arm bone to move in. The labrum makes the shoulder joint more stable and allows the shoulder to make a wide range of movements, but it is also fairly susceptible to injury, including labral tears.

Symptoms of a labral tear include:

• Pain or aching sensation in the shoulder joint
• Catching of the shoulder with movement
• Pain with specific activities

Treatment options for a labral tear vary depending on the type of tear, but some labral tears can increase the risk of shoulder dislocation so it is important to obtain swift medical treatment for the injury.

Labral tears are often sustained with on the job. In fact, labral tears, fractures, rotator cuff injuries, and impingements are among the most common workplace shoulder injuries. If an employee suffers a labral tear as a result of work-related activities, he or she is generally entitled to workers’ compensation benefits.

Depending on the type and severity of your work-related labral tear, the Illinois Workers’ Compensation Act provides for the following worker’s compensation benefits:

• Medical expenses, including doctor visits, follow-up visits, physical therapy, and prescription medications.
• Temporary total disability (TTD) benefits equal to two-thirds of your average gross weekly wage, up to a weekly maximum payment amount, if you are unable to work while recovering.
• Permanent total disability (PTD) or permanent partial disability (PPD) benefits based on a percentage of your pre-injury wage, up to a weekly maximum payment amount.
• In some cases, vocational rehabilitation benefits such on-the-job training, schooling, or job placement assistance.

In some cases, an employer’s insurance company will offer a workers’ compensation settlement for a labral tear injury, which could be offset by previous settlements to the same arm. If an employer fails to provide workers’ compensation benefits for a work-related labral tear injury, the injured employee may choose to file a claim with the Illinois Workers’ Compensation Commission.

The Illinois workers’ compensation attorneys at Ankin Law Office, LLC focus on helping injured employees obtain full and fair recovery for labral tears and other work-related injuries. Contact our office at (800) 442-6546 to schedule a free consultation with one of our Chicago workplace accident attorneys to learn more about how we can help you pursue a worker’s compensation claim for your work-related labral tear injury.

Howard Ankin of Ankin Law Office LLC (www.ankinlaw.com) handles workers’ compensation and personal injury cases. Mr. Ankin can be reached at (312) 346-8780 and howard@ankinlaw.com.

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Injured workers are generally entitled to workers’ compensation benefits following a workplace accident, regardless of who was at fault for the accident. Under Illinois law, employers are required to obtain workers’ compensation insurance. In the event that an employee is injured in an on-the-job accident, the employer’s workers’ compensation insurance policy will provide the required compensation and medical benefits to the injured employee.

The amount of workers’ compensation benefits that an injured worker can collect varies depending on the severity of the injuries, the employee’s salary, and whether

In many cases, the employer’s insurance company will settle the workers’ compensation claim. If this is the case, the insurance company will apply a credit for any future or past workers’ compensation settlements related to injuries to that same body part. For instance, if you broke your arm while on the job and suffered a 20% loss of use in that arm, and then a year later you suffer tendonitis impingement to that same arm, the employer’s insurance company would get a 20% credit for the previous settlement on your broken arm.

There are exceptions to this rule, however, for injuries to the back, neck, chest, and head, which are known as “man as a whole” injuries. As a result, insurance companies often do not settle “man as a whole” claims because they cannot take a credit for previous settlements.

Although injured workers are generally entitled to workers’ compensation benefits for on-the-job injuries, employers and their insurance companies may wrongly deny a workers’ compensation claim, pay less than the employee is owed, or drag their feet in making workers’ compensation payments. If this is the case, the injured worker can file a claim with the Illinois Workers’ Compensation Commission (IWCC). While there are no fees to file a claim with the IWCC, the injured worker is required to prove that he or she is entitled to workers’ compensation benefits.

The skilled Chicago workers’ compensation attorneys at Ankin Law Office, LLC focus on helping injured workers obtain maximum financial recovery following a workplace accident. We will communicate and negotiate with your employer’s insurance company in order to obtain favorable and swift recovery. And, if necessary, we will represent you in connection with your workers’ compensation claim before the IWCC.

If you have been injured while on the job, contact our office at (800) 442-6546 to schedule a free consultation with one of our Chicago workplace accident attorneys to learn more about how we can help you obtain full and fair workers’ compensation benefits.

Howard Ankin of Ankin Law Office LLC (www.ankinlaw.com) handles workers’ compensation and personal injury cases. Mr. Ankin can be reached at (312) 346-8780 and howard@ankinlaw.com.

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Chantix is a smoking cessation drug that was approved by the U.S. Food and Drug Administration (FDA) in 2006 to help patients quit smoking. Chantix works by blocking nicotine from stimulating brain receptors so a user does not receive a dopamine release like they do when smoking, while at the same time delivering a small dose of dopamine so that the user’s urge to smoke is less intense.

Chantix has been associated with the risk of serious side effects, however. including suicidal thoughts and depression. Consequently, the FDA is monitoring the safety of Chantix. In 2009, the FDA instructed manufacturers of all smoking cessation aids, including Chantix, to include a boxed warning label and a medication guide warning users of the risk of serious neuropsychiatric symptoms, including changes in behavior, hostility, agitation, depression, suicidal thoughts and attempted suicide.

Pfizer, the maker of Chantix, has been named in thousands of lawsuits throughout the country as a result of the serious side effects associated with Chantix. Pfizer recently agreed to settle about 80 percent of the 2,700 state and federal lawsuits filed against it, and took a $273 million charge to cover the costs of settling these lawsuits. Pfizer also set aside an additional $15 million to finalize remaining claims.

Injuries caused by unsafe pharmaceuticals, such as Chantix, are often the subject of class action lawsuits since many patients are often victims of the drugs’ dangerous side effects. In a class action lawsuit, a named representative brings a lawsuit on behalf of similarly-situated plaintiffs against the maker of an unsafe pharmaceutical. In the event that a doctor negligently prescribed a medication that caused an adverse reaction, he or she could also be held liable for medical malpractice.

Because the injuries and side effects caused by Chantix range in both type and severity, the amount that an individual plaintiff may be able to collect in a Chantix lawsuit varies. Generally, however, a person who suffered injuries as a result of taking Chantix may be entitled to medical costs, lost wages, pain and suffering, and emotional distress.

If you or someone you love has experienced health problems as a result of taking the drug Chantix, the Chicago unsafe pharmaceutical attorneys can help you with any product liability lawsuit you may have. Contact one of our Illinois Chantix lawsuit attorneys at (800) 442-6546 to schedule a free consultation to learn more about how we can help you with a possible Chantix lawsuit.

Howard Ankin of Ankin Law Office LLC (www.ankinlaw.com) handles workers’ compensation and personal injury cases. Mr. Ankin can be reached at (312) 346-8780 and howard@ankinlaw.com.