Breast cancer is one of the most well-understood forms of cancer and the field of treatment and diagnosis is continually evolving and improving. Illinois doctors like radiologists and oncologists who work with breast cancer patients are responsible for constantly pursuing appropriate education so they can give their patients an appropriate standard of medical care. When doctors fail to do this, test results can be delayed, misdiagnosed, or poorly managed, leading to adverse patient outcomes and a possible medical malpractice lawsuit. If you have been diagnosed with HER2 positive breast cancer, it may be helpful to learn more about what this means so you can ensure you are getting what you need. 

What is the HER2 Gene? 

The “human epidermal growth factor receptor 2,” or HER2, is a gene that can contribute to the growth of breast cancer. When a breast tissue biopsy is performed, a written report will have specific information about the tissue, including whether HER2 plays a role in a specific patient’s cancer development. 

More specifically, the HER2 gene creates HER2 proteins that help healthy breast cells grow, divide, and repair themselves. But for an estimated 10 to 20 percent of breast cancer patients, HER2 genes do not work properly. When this happens, HER2 cells may make too many copies of themselves, leading to uncontrolled cell growth and division. 

Thanks to major advances in technology and treatment, breast cancer is currently one of the best-understood types of cancer. Although this can be good news for women who have recently been diagnosed with breast cancer, it is not a guarantee that breast cancer will always be appropriately diagnosed and treated. 

One of the most important elements in properly anticipating, diagnosing, and treating breast cancer is a comprehensive understanding of a patient’s current health, health history, and risk factors for breast cancer. Physicians who practice an appropriate standard of care will take all of these issues into account and strive to provide the best care for their patients. When they fail to do this, breast cancer patients can suffer from late diagnoses, misdiagnoses, and serious injury or death from cancer that has advanced past the point where it can be treated. Here are some common risk factors physicians should be aware of when assessing a patient’s risk of breast cancer. 

Natural Risk Factors 

Patients may not be able to change certain risk factors, but awareness is a great first step in breast cancer diagnosis and treatment. Natural breast cancer risk factors include: 

Every year, incredible new diagnostic and treatment options are developed for detecting and managing breast cancer. While it is crucial for doctors to understand each of these options so that cases of failure to diagnose and other medical malpractice are minimized, it is also necessary for patients to be informed about their options. 

Mammography is one of the most important resources for finding breast cancer, but not all mammograms are the same. If you are in the early stages of finding out more about breast cancer, read on. 

Screening Mammograms

Screening mammograms are given during regular breast exams to detect cancer early, when it is easiest to treat. Screening mammograms use x-rays in safe, low doses so women can have regular mammograms–usually once a year around age 45 or later. Screening mammograms are usually the first strategy for looking at potentially cancerous tissue that can be further investigated and treated if necessary. 

Breast cancer appears in many different forms. Doctors who specialize in breast cancer treatment, such as radiologists and oncologists, must be able to correctly distinguish between the different types of breast cancer so a patient gets the necessary treatment. But when doctors do not order the appropriate diagnostic tools, a misdiagnosis may occur, leading to inadequate treatment or delayed treatment and serious injury or death. If you are worried that your doctor may have failed to diagnose or misdiagnosed you or a loved one with the wrong type of breast cancer, read on. 

Common Types of Breast Cancer

Breast cancer is initially divided into two categories: Invasive and non-invasive. While non-invasive breast cancer is contained within the milk ducts and glands, invasive breast cancer has already spread beyond the ducts and glands into the surrounding fatty tissue, muscles, lymph nodes, and beyond. 

Although there are many types of breast cancers, the two most common types of invasive breast cancers are:

Mammography is a technology that works wonders for many women by detecting breast cancer early enough that doctors can treat it effectively. Using x-rays, mammograms offer a safe and routine screening method for women over a certain age. But if a woman is at an increased risk of breast cancer, she may need to take additional measures to catch developing masses early. These include extra forms of screening, the most common of which is magnetic resonance imaging, or MRI. Using a magnetic field and computer-generated radio waves, an MRI creates detailed images of breast tissue that can show cancerous growths that a mammogram might miss.

However, no screening measures are effective if they are not used because a doctor ignores or misses risk factors and fails to order necessary diagnostic tests. Insufficient monitoring or follow-up during routine mammograms may lead to the failure to diagnose breast cancer and lawsuits for medical malpractice. 

Who is at an Increased Risk of Breast Cancer? 

Medical providers have many tools available to estimate a woman’s risk of getting breast cancer. Although there is no sure-fire way to predict whether a woman will develop breast cancer, some common risk factors include: 

Breast cancer is one of the most common types of cancer in the U.S. today. Approximately one in eight American women will develop invasive breast cancer during her lifetime, and even men can develop this insidious disease. Although there is no failsafe method for detecting and completely eliminating breast cancer, medical professionals such as women’s health providers, oncologists, and radiologists must meet a standard of care when detecting and treating breast cancer. Failing to adhere to this standard at any point during treatment may be medical malpractice that can result in unnecessary loss of life. One of the most helpful procedures for identifying a breast abnormality is called a “stereotactic biopsy.” In this blog, we will explore what a stereotactic biopsy is and how it can help detect breast cancer. 

What is a Stereotactic Breast Biopsy? 

Stereotactic breast biopsies are procedures that use X-rays to diagnose and locate tumors or other abnormalities in breast tissue. “Stereotactic” means that a machine uses two images of the same location, taken at slightly different angles. Stereotactic biopsies are less invasive than a surgical biopsy and patients have a faster recovery time. 

Doctors will often order a stereotactic breast biopsy when they see a suspicious irregularity on a mammogram. Stereotactic breast biopsies are widely considered to be the gold standard of breast cancer diagnostic tools because they are so good at locating the exact area of concern so that a biopsy needle can take a tissue sample at an exact location. 

Families in Illinois who struggle to conceive without medical assistance already have enough challenges to manage without having to face the consequences of incompetent or negligent medical care. Unfortunately, this does not prevent in vitro fertility (IVF) treatment professionals from failing to provide an appropriate standard of care when treating their patients, potentially causing great harm to the mother, an embryo, or a child developing in utero. 

Reproductive law is relatively new and presents unique and developing legal challenges. In this blog, we will reveal some of the common harms that can result from improper treatment in a fertility clinic. If you recognize yourself as having experienced any of these conditions, a fertility medical malpractice attorney may be able to help. 

Common Types of Fertility Malpractice and Injury

Fertility clinics exist to help people who wish to become parents but are struggling with fertility due to underlying conditions. Fertility clinics may also help preserve the eggs or sperm of people who hope to have children one day but are not yet ready. 

Every year, between 75-100 women die from complications related to pregnancy and childbirth injuries in Illinois alone. Even worse, the 2016-17 Illinois Maternal Morbidity and Mortality Report estimated that 83% of pregnancy-related deaths could have been prevented and the problem is serious enough nationally that around 11% of medical malpractice lawsuits each year are filed against OBGYNs for medical malpractice during pregnancy, labor, and delivery.  

Mental health conditions, substance abuse, and pre-existing medical conditions can all significantly complicate the process of giving birth, but they should not be a death sentence. Women giving birth in Illinois are entitled to expect a standard of care that takes into account complicating factors and comorbidities, and when doctors and nurses fail to provide the appropriate standard of care, the consequences can be tragic. 

What Factors Contribute to Maternal Mortality? 

Many people are surprised to learn that only one in five maternal deaths occurs during childbirth. The majority of maternal deaths happen in the time following the birth, when the mother and child are no longer at the hospital. Although there are many reasons that women die during or following childbirth, they are often due to one or more of the following: 

Having to decide whether or not to get an abortion is one of the toughest positions in which a woman can find herself. The emotional complexities of abortion are sometimes complicated by the fact that abortions do not always go according to plan. Sometimes women suffer serious and even fatal injuries due to medical malpractice on the part of their abortion provider. 

If you have been injured during an abortion, an experienced Illinois medical malpractice attorney may be able to help. Seeking justice, protecting your rights, and pursuing compensation cannot undo the suffering you have experienced, but it can be a step on the road to emotional and physical recovery. 

Medical Malpractice and Abortion

Medical malpractice occurs when a doctor or other medical professional causes a patient harm by failing to provide the appropriate standard of care. Unfortunately, sometimes women who seek abortions are the victims of negligence or incompetence from their abortion provider. Common types of abortion medical malpractice include: 

The number of licensed midwives in Illinois is set to expand as the state prepares to widen the criteria for allowing midwives to apply for licensure. Currently, only midwives with nursing degrees are allowed to practice in Illinois, but some professional midwives who are trained and certified would be allowed to practice with the change in the law that Governor Pritzker is expected to sign. 

Midwives are important health professionals who help women before, during, and after childbirth. Many midwives work in hospitals along with other medical staff, but some midwives help women who want to give birth at home. Unfortunately, not all midwives are properly prepared to help women safely give birth. When midwives fail to see and address potential complications during birth or attempt to handle cases where substantial medical risk is present, they place the health of the mother and child in jeopardy. In some cases, a midwife may be held responsible for birth injuries due to medical malpractice. 

Common Types of Midwife Medical Malpractice 

There are several common types of medical malpractice specific to midwifery, including but not limited to: 

The United States is a world leader in medical research and best practices. Unfortunately, even with such an elevated level of healthcare, medical professionals sometimes fail to serve their patients with the highest standard of care, with tragic consequences. 

Medical negligence can turn giving birth from one of the most memorable, intimate times in a parent’s life into a nightmare scenario. Even when they are not fatal, birth injuries can have a devastating long-term effect on a family’s emotions and finances. If you suspect you were the victim of medical malpractice during childbirth, an experienced Illinois medical malpractice attorney may be able to help. 

Common Types of Birth Injuries

Birth injuries can occur before, during, and after delivering an infant, and although they most commonly affect the child, the mother can suffer serious harm as well. Common birth injuries include, but are not limited to: 

Breast cancer is a pernicious, all-too-common type of cancer that primarily affects women later in midlife. Amazing progress in medical research has made it so that, when properly detected and diagnosed in its early stages, victims of breast cancer have overwhelmingly positive odds of survival - in some instances, up to a 99 percent five-year survival rate. 

But a misdiagnosis and or delayed diagnosis can seriously harm the chances of effective treatment. Left untreated, breast cancer often spreads and metastasizes, causing serious harm and even death. Failure to diagnose breast cancer can happen when a doctor does not order appropriate tests or misinterprets the results. If you have suffered as a result of a breast cancer misdiagnosis, a qualified medical malpractice attorney can help you understand your options. 

How is Breast Cancer Diagnosed? 

Breast cancer diagnoses frequently take place after a routine mammogram screening. Routine mammogram screenings are scheduled without any symptoms or signs of breast cancer - they are done preventatively and the science about how often they should take place is still evolving. 

Construction workers face some of the most dangerous work conditions in the United States. Every year, around 20% of fatal workplace accidents happen on a construction site, and many thousands of workers sustain serious or permanent injuries.

One of the most common ways that construction workers are injured or killed is through a fall. Falling from scaffolding, unfinished balconies, and other unprotected heights can cause brain trauma, paralysis, spinal cord injuries, broken bones, and even death. The Occupational Safety and Health Administration (OSHA) has instituted construction site regulations to protect workers from falling. 

What are OSHA Fall Protection Standards? 

Employees have the right to a safe workplace. If a construction worker or other employee is working at least six feet above the ground or a lower level, fall protection systems must be in place. Employers are required to provide these protections and are responsible for ensuring they are properly utilized. Some of the fall protection systems include: 

Scaffolding is essential at many construction sites for building and renovation. Well-constructed scaffolding allows painters, maintenance workers, window cleaners, and construction workers to reach high places safely and do their jobs on a stable walkway. In any given year, the Department of Labor has estimated that over 2 million workers use scaffolds, an enormous number that makes proper scaffolding use extremely important. 

Unfortunately, scaffolding mistakes can lead to severe injuries and even death. Scaffold use or erection errors cause thousands of injuries every year, and approximately 25 percent of fatal falls happen on scaffolding. Accidents involving scaffolds take an incalculable toll on the victims and their families. If you or a loved one has been injured or killed in a scaffolding construction accident, a personal injury attorney may be able to help you obtain financial compensation. 

What Are Common Causes of Scaffolding Injuries? 

The vast majority of scaffolding accidents are caused by one of the following circumstances: 

Ironworkers in Illinois perform many thankless tasks as part of their everyday job responsibilities. Some of these tasks, like reading blueprints, are fairly harmless. Others, like loading and stacking iron and steel, pose moderate dangers. But there are certain responsibilities ironworkers have that can be extremely dangerous. Putting together the steel skeleton of skyscrapers, reinforcing bridges and highways with rebar, and using heavy metalworking equipment can result in serious and even fatal injuries. 

To add to these difficulties, ironworkers are often exposed to hazardous weather conditions during Chicago’s infamous winters. Job sites may contain toxic chemicals or dangerous physical obstacles. Equipment is hot, heavy, and very powerful. In fact, the US Bureau of Labor Statistics estimates ironwork to be one of the most deadly jobs in the country. If you have experienced an ironworker accident, it is important to understand your options under Illinois law and speak with a personal injury as soon as possible. 

Common Ironworker Injuries

Due to the nature of the job, ironworkers face many common injuries. These are just a few examples of the more serious situations ironworkers may face: 

Going to the dentist is an unpleasant experience for many people. The general discomfort is often compounded by legitimate concerns about a dentist’s competence and ability to fix a situation, rather than make it worse. 

Unfortunately, visits to the dentist can result in treatment that does not meet an appropriate level of care. Physical pain and great financial expense can result from substandard dental treatment, to say nothing of the emotional turmoil patients experience. Sometimes, poor dental treatment can rise to the level of medical malpractice. When this happens, an experienced personal injury lawyer can help you determine if you have a case for damages. 

Common Types of Dental Malpractice 

Dental malpractice can cause harmful consequences, especially during more complex procedures like surgeries and extractions. Common types of dental malpractice include, but are not limited to: 

Medical malpractice cases are often appropriate when a medical professional causes harm to a patient by providing substandard care. A significant subset of medical malpractice cases results from anesthesiologist errors during general anesthesia (anesthesia that makes the patient completely unconscious). 

Anesthesia is inherently risky and requires extensive training and expertise on the part of the anesthesiologist. Sometimes adverse effects take place that are out of the control of the anesthesiologist. However, errors are often caused by negligence by an anesthesiologist who fails to provide a proper standard of care. When this happens, the victim may have grounds to file a civil lawsuit. 

What Are Common Anesthesia Errors? 

Anesthesia malpractice can occur during a medical preview before the operation, during the procedure itself, or following the procedure with improper follow-up care. Some of the most common anesthesia errors include: 

It is still early in the fall, but the Midwest’s famous weather events will begin happening more frequently, and Illinois drivers should be prepared. Rain, snow, and sleet reduce visibility and make road conditions much more hazardous, increasing weather-related car accidents. All this may leave Illinois drivers wondering: If a car accident happens that is directly or indirectly caused by bad weather conditions, who is responsible? 

Negligence and Bad Weather Conditions

Whether or not a driver is responsible (or “liable,” in legal terms) for causing an accident is largely dependent on whether the driver acted negligently. Negligence occurs when someone fails to do something that a reasonably careful person would do - or when someone does something that a reasonably careful person would not do - under similar circumstances. If a driver does not act reasonably in bad weather, they could be held liable for causing a car accident. 

But what exactly does “reasonable” mean in this context? Most people would agree that a driver is not obligated to creep along the main thoroughfare at three miles per hour just because the temperature is below freezing, and there may be a small chance of black ice. Despite the inherent difficulty in setting a strict definition as to what might be considered reasonable, courts and juries can make fair decisions based on the relevant facts. 

In January of this year, an 81-year-old woman with dementia left her Illinois nursing home residence and wandered away, eventually slipping on ice and falling. Police found her after a neighbor heard her calling for help. She was not wearing winter clothing in 25-degree weather, and her pants were soaked through with water. 

Fortunately, this woman’s life was saved due to the help of a watchful neighbor, but stories like hers do not always end well. This incident illustrates one of the most dangerous risks inherent in inadequate nursing home care: Residents wandering into unsafe areas or eloping from the facility and getting hurt. 

Negligence Can Lead to Residents Wandering Into Danger

One of the most common behaviors of individuals with dementia or other memory-related illness is that of wandering or elopement. Wandering refers to when residents walk around the nursing home facility itself; elopement is when residents leave the premises altogether. 

In July, several brands owned by pharmaceutical and consumer goods giant Johnson & Johnson issued recalls of sunscreen products over concerns that the products contain low levels of benzene, a cancer-causing chemical. These brands included products from Neutrogena and Aveeno. Johnson & Johnson’s actions were not required by the Food and Drug Administration (FDA), but rather were voluntary and done “out of an abundance of caution.”

Researchers have asked the FDA to issue recalls for more brands after they found evidence suggesting octocrylene, another carcinogenic chemical, may be present in sunscreens produced by major companies. The researchers are concerned that octocrylene degrades to benzophenone, which can interfere with important hormones such as estrogen. These recent developments raise important questions of product liability on the part of companies producing these products. 

What are Carcinogens? 

A carcinogen is a substance that makes the formation of cancer more likely, either by disrupting metabolic processes or by damaging a person’s genome. Smoking cigarettes is a well-known source of many carcinogens, and the effects of tobacco’s carcinogens and their contribution to rates of lung cancer have been well-researched and documented.