Chicago Medical Malpractice Attorney Blog

In order to prove medical negligence, a plaintiff needs to demonstrate that the doctors or nurses operated outside of the standard of care, i.e. the regular level of care required in a given situation. If the plaintiff fails to demonstrate that the doctors or nurses acted outside the normal standards, then the court will likely rule that there was no medical negligence even if faced with a negative medical outcome.

Take for example the nursing home negligence case of Attorney General of Illinois v. Westwood Manor, et al. The case was brought by the Illinois Attorney General's Office after an elderly resident at Chicago's Westwood Manor nursing home facility died from burn-related injuries. The 81 year-old resident had received second and third degree burns after being bathed by one of the nursing home's nurses. The case was complicated by the fact that there was over a two week delay in treating the burns. As a result of the burn injury, both of the nursing home resident's legs needed to be amputated and she died less than three months later from related complications.

Continue reading "Doctor, Nurse and Nursing Home Acquitted in Cook County Criminal Abuse Case" »

A Cook County judge denied a defendant's motion for a change of venue in an Illinois wrongful death case despite the fact that several defendants and witnesses did not live in Cook County. And even though the trial judge did deny the venue change, he expressed his discomfort with the lack of clear guidelines when deciding venue. Despite this apparent confusion, the appellate court affirmed his decision in Susan Isom v. Riverside Medical Center, et al., No. 1-11-0426.

The case at issue in Isom dealt with a wrongful death lawsuit filed by Susan Isom on behalf of her late son, Tyrone Brooks. According to Isom's Cook County lawsuit, Brooks's death was due to the failure of the defendant doctors and clinics to diagnose Brooks's sickle cell anemia. The alleged medical malpractice or the validity of the estate's wrongful death claims were not the issue of the appellate court's appeal; the court was simply examining whether Cook County was the correct venue for the claim.

The appellate court noted that the determination regarding a case's venue is at the discretion of the trial court, which must consider both public and private interest factors when deciding the issue of venue. The court noted that the relevant private factors include the venue's convenience to the parties, the ease of access to sources of evidence in that venue, and any other practical problems. Public factors would then include the interest in deciding controversies locally, the burden of imposing expenses on forums with little connections to the controversy, and docket congestion.

Continue reading "Appellate Court Affirms Denial to Transfer Medical Malpractice Case From Cook County to Kankakee County - Isom v. Riverside Medical Center" »

Some people assume that whenever there is a negative medical outcome that it is the result of medical negligence. However, in some cases there can be a poor outcome without the presence of medical malpractice. Take for instance the Lake County medical malpractice lawsuit of Estate of Patricia Nickl v. Dr. Barry S. Rosen, 08 L 1015, where the jury found in favor of the defendant doctor.

The case of Nickl arose after the 64 year-old decedent, Patricia Nickl, died within days of undergoing surgery performed by the defendant, Dr. Rosen. Nickl had a longstanding history of abdominal and gallbladder problems and had already undergone four major abdominal surgeries. These prior surgeries were a significant piece of Nickl's medical history because it increased the number of adhesions in her abdomen. Adhesions are bands of scar tissue that tend to form around surgical sites. Because the adhesions bond together areas that weren't previously joined, they tend to complicate surgeries and increase the risk for perforations, or holes.

However, despite the large number of adhesions in Nickl's abdominal cavity, she was still eligible for a laparoscopic cholecystectomy, i.e., the surgical removal of her gallbladder. The surgery itself was successful, but Nickl suffered from some post-operative complications. She remained hospitalized for several days longer than anticipated because of persistent pain and a lack of bowel movement.

Continue reading "Illinois Jury Finds in Favor of Doctor in Gallbladder Surgery that Led to Fatal Bowel Perforation - Nickl v. Barry S. Rosen, M.D." »

A DuPage County medical malpractice verdict was returned in favor of the surviving family members of five day-old Isaac Diaz. Baby Isaac died after physicians delayed in performing surgery that could have prevented his death from a bowel obstruction. The $1.5 million verdict was entered in Estate of Diaz v. Central DuPage Hospital, et al, 06 L 448 (DuPage County).

Just five days after his birth, Isaac Diaz began vomiting yellow bile and had blood streaked through his stool. After the symptoms failed to resolve on their own, his mother took Isaac to Central DuPage Hospital's emergency room. Within twenty-five minutes of his arrival, Isaac was seen by the Dr. Panfil, an emergency room doctor. Dr. Panfil took the preventive measures of placing Isaac on antibiotics and ordered an IV be placed. Then, in an attempt to figure out the source of Isaac's vomiting and blood-streaked stool, Dr. Panfil ordered a range of labs, x-rays, and consulted with Dr. Pearce-Falls, the hospital's pediatrician.

By the time Dr. Pearce-Falls consulted with Dr. Panfil, the x-rays results were already available. Because the x-rays were negative, Dr. Pearce-Falls elected to order an upper GI series, which would show the infant's stomach region in more detail, possibly highlighting a problem unseen on the x-rays. Because of the severe nature of baby Isaac's symptoms, the upper GI series was ordered STAT, meaning it was meant to be done urgently.

Continue reading "Jury Awards $1.5 million for Tragic Illinois Newborn Death - Diaz v. Central DuPage Hospital " »

The right to a trial by jury is a central tenant to American law. As a result, courts tend to be reluctant to overturn a jury's verdict. However, there are some exceptions to this rule. For example, if a jury's verdict is found to be in conflict with current laws, a court might overrule the verdict. Also, if a jury award contradicts the jury's own statements and opinions, then a judge or court might be inclined to vacate the jury verdict.

The Illinois wrongful death case of Philemont Garcia, etc. v. Seneca Nursing Home, etc., 2011 Ill.App. (1st) 103085, demonstrates what happens when an jury contradicts itself. The Cook County jury awarded the decedent's estate $1 million as compensation for Roberto Garcia's fall to his death after he climbed out of a fifth story window while staying at Seneca Nursing Home. In theory, the jury award meant that the jury had found the defendant nursing home negligent for contributing to the decedent's death. Yet in a response to a special interrogatory, the same jury had stated that the nursing home could not have foreseen the circumstances leading to the resident's death.

The case facts of the Illinois wrongful death lawsuit centered around Roberto Garcia, a resident at Seneca Nursing Home. Garcia suffered from paranoid schizophrenia, along with blindness, abnormal muscle tone, and chronic restlessness. He suffered from delusional behavior and occasional hallucinations. In addition, Garcia had difficulty walking on his own and was essentially wheelchair dependent. Yet despite his physical limitations, Garcia was found wandering away and hiding at times and had made more than one attempt to try and climb out his bedroom window.

According to trial evidence, there was no record of Garcia ever being identified as presenting a risk for self-harm, suicide, or escape. As a result, no clear plan was ever developed to prevent him from climbing out of his window. The lack of preventive measures was partly explained through testimony by Garcia's psychologist and psychiatrist, both of whom testified that they did not think that the fifth floor windows in Garcia's room even opened. They further stated that if they had known that they did, they would have been more proactive in formulating a preventive care plan to limit Garcia from escaping through the window.

At the end of the trial, the defense submitted a special interrogatory to the jurors. A special interrogatory is a question a party submits to the jurors, typically aimed at deciding a major legal component of the case. In Garcia, the defense submitted a special interrogatory that asked whether the jurors believed it was "reasonably foreseeable" that Garcia would kill himself or act self-destructively. The Cook County jury answered in the negative, but then went on to enter a $1 million jury verdict in favor of the nursing home's negligence.

Continue reading "What Happens When a Jury Contradicts Itself? $1 Million Verdict Overturned in Garcia v. Seneca Nursing Home" »

The field of medicine is generally associated with healing - we go to our doctors when we don't feel well and expect them to treat us. Yet a large part of medicine is also prevention. Women undergo yearly mammograms to try and catch breast cancer early on, while people with high blood pressure take medication to try and prevent heart attacks or strokes.

Doctors and nurses are responsible for identifying the risk of future medical problems and developing a treatment plan to avoid that risk. For example, some patients with decreased mobility and strength might be at risk for falling during a hospital admission or rehab stay. Therefore, nurses need to evaluate patients to determine whether or not their conditions puts them at an increased risk for falling. Once the degree of risk is determined, the medical staff can work together to create a prevention plan to insure the patient's safety. It is when these risks are not properly evaluated and prevented that nursing malpractice and medical negligence can occur.

The Illinois wrongful death lawsuit of Sorce v. Shorehaven Health and Rehab. Ctr., 09 CV 3083 (Waukesha County), illustrates what can happen if there are not adequate fall prevention measures in place. The 76 year-old Sorce had been admitted to the Shorehaven Health and Rehabilitation Center as part of his recovery from brain surgery. During his admission, Sorce was using a walker to get around and was generally given assistance with getting up and around.

However, one day towards the end of his stay, Sorce was sitting in his recliner chair when he realized he needed to use the restroom. As was his practice, Sorce pressed his call button to request nursing assistance to the bathroom. However, as more time passed and his call continued to go unanswered, Sorce elected to try and reach his walker and the bathroom by himself. Sorce raised himself out of his recliner, took a few steps across the room, but then fell on the floor and hit his head.

Continue reading "Surviving Family Receives $850,000 Wrongful Death Settlement After Rehab Center Fails to Prevent Elderly Resident's Fall - Sorce v. Shorehaven Health and Rehab. Ctr." »

There's an old saying that there are two sides to every story - in civil litigation, the plaintiff's attorney present one side of the story to the jury while the defendant's attorney presents the other. In order to ensure that the facts are fair and that neither party presents information to the jury that would unfairly prejudice it towards the other side, the trial judge rules on motions in limine prior to the trial.

Each side prepares its own motions in limine, which set out various evidence and testimony that it feels should be excluded from the trial. Each motion includes not only a recitation of which evidence the party seeks to exclude, but also an argument as to why that specific evidence should be excluded from the civil trial. The judge then makes the final ruling on each motion in limine. If the judge rules to exclude the evidence, then neither side may bring it up during trial. However, if the judge denies a motion in limine, then that evidence is free game.

The Illinois attorneys involved in Guski v. Raja, No. 1-10-0108 (May 10, 2011), went through this motion in limine process prior to the Illinois medical malpractice trial. The judge granted some motions, but denied others, including one of plaintiff's motions regarding the decedent's marijuana use. After the jury found in favor of the defendant doctor, the plaintiff sought a retrial based on the the trial court's erroneous motion in limine rulings and the defense's unfair closing argument.

Continue reading "Illinois Court Affirms Lack of Trial Objections Forfeits Right to Review of Evidentiary Rulings - Guski v. Raja" »

A Cook County medical malpractice lawsuit was critical of a Naperville hospital for its failure to appropriately monitor the vital signs of an expectant mother. As a result of the poor monitoring by the Cook County hospital, the mother not only lost her baby, but had to undergo future surgery herself. Sabine C. Miller v. Edward Hospital, et al., 05 L 1192.

In November 2004, 30 year-old Sabine Miller was brought by ambulance to Edward Hospital. She was 14 weeks pregnant and had developed severe abdominal pain and vomiting. Upon her arrival, the Naperville hospital immediately began evaluating Miller to determine whether her baby was the cause of her severe pain.

The Emergency Department was able to rule out any problems with the fetus and Miller's pregnancy. However, in order to determine what was the cause of Miller's abdominal pain, the staff elected to admit her for further testing and observation. Up to this point, there were no violations in the standard of care administered by the Edward Hospital staff. It was not until Miller was admitted to the hospital's postpartum unit that the medical negligence occurred.

Continue reading "Hospital Fails to Adequately Monitor Pregnant Mother - $11.5 Million Awarded for Death of Unborn Child and Organ Loss of Mother in Miller v. Edward Hospital" »

A Cook County hospital infection decision by the Illinois Appellate Court clarifies what types of medical records are discoverable. The court ruled in Joseph Zangara and Wayne Dziamara v. Advocate Christ Medical Center, Paul Gordon, et al., Nos. 1-09-1911 and 1-09-1914, that the defendant hospital was required to produce records documenting the number of MRSA infections at the hospital for a three month period.

The Illinois medical malpractice lawsuit involved two consolidated MRSA lawsuits filed against Advocate Christ Medical Center. Joseph Zangara and Zigmund Dziamara were both hospitalized at Christ Medical Center during the same time period in 2005. Both Zangara and Dziamara acquired MRSA, or methicillin-resistant staphylococcus aureas, during their admissions; however, Zangara survived the infection, while Dziamara did not. Both Zangara and the estate representing Dziamara filed civil lawsuits against Christ Medical Center that accused the Oak Lawn hospital of negligent management regarding its infection control procedures.

Continue reading "Cook County Judge's Ruling on Privilege of MRSA Data Reversed By Illinois Appellate Court - Zangara et al. v. Christ Medical Center" »

A Cook County wrongful death lawsuit involving the death of a 45 year-old woman was settled by the decedent's estate for $1.35 million. The Illinois lawsuit dealt with claims of medical negligence on behalf of the defendant surgeon and the hospital where he as employed. Jerry Markbreit for the Estate of Betsy Markbreit v. Jose Velasco, M.D., et al., 07 L 8703.

The Illinois surgical malpractice began in 2004, when Ms. Markbreit was admitted to Rush North Shore Medical Center to have a benign growth on her thyroid gland. Prior testing had indicated that the benign growth was limited to the right side of Ms. Markbriet's thyroid gland, a finding that was confirmed on the surgical report. Yet the surgeon, Dr. Jose Velasco, elected to perform a total thyroidectomy on the decedent.

The Cook County medical malpractice claim was critical of the surgeon's decision to perform a total thyroidectomy. Ms. Markbreit had only been scheduled for a partial thyroidectomy and given the fact that her benign growth was isolated to one side of her thyroid gland there was no medical reason to perform a total thyroidectomy. This lack of medical necessity was significant because the plaintiff's wrongful death lawsuit traced all of Ms. Markbreit's subsequent medical problems and eventual death back to the unnecessary total thyroidectomy.

Continue reading "Cook County Surgical Error and Subsequent Overmedication Leads to Illinois Woman's Death - $1.35 Million Settlement Reached in Markbreit v. Velasco" »

Medicine is a healing profession; as patients we look to our physicians to cure our ailments and relieve our pain. However, in order to heal us, doctors must first diagnose the problem - a quick and speedy diagnosis is often the key to a successful recovery. Likewise, when there is an unnecessary delay in diagnosis, oftentimes the outcome is not very favorable for the patient.

Take for instance the case of 76 year-old Shirley Cyborski, who died as a result of the failure to diagnose her colon cancer for over a year. The medical lawsuit resulting out of this misdiagnosis of cancer, Estate of Shirley Cyborski v. Advocate Health and Hospitals Corp., et al, No. 08 L 6447, was recently settled for $2.05 million.

In 2006, Shirley presented to Advocate South Suburban Hospital for a barium enema examination. This exam is typically performed when a patient experiences a change in bowel habits, has abdominal pain or rectal bleeding, or if there is a suspicion that the patient has diverticulitis or polyps. An x-ray of Shirley's colon was taken at the time of the barium enema exam, which showed a mass in her colon. However, the colon mass was not reported and therefore her cancer went undiagnosed.

Continue reading "Misdiagnosed Colon Cancer Leads to Illinois Woman's Death - $2.05 Million Settlement Reached in Estate of Cyborski v. Advocate South Suburban Hospital" »

When undergoing a major surgery, as patients we tend to focus on the risks associated with the surgery itself: will the doctor cut something he shouldn't, will I have a bad reaction to anesthesia, or will my body reject the new heart. However, in some instances the period following the surgery can be just as risky as the surgery itself.

Take for example The Estate of Shamiran David v. Rush North Shore Medical Center, et al., 07 L 8444, an Illinois wrongful death lawsuit involving the death of fifty-nine year-old Shamiran David. Mrs. David presented to Rush North Shore Medical Center in July 2005 for an aortic valve replacement and coronary artery bypass surgery. While the complex surgery went well, Mrs. David's post-operative care was mismanaged, leading to her death less than six months later.

Following her heart surgery, Mrs. David was placed on Coumadin therapy, which is the common procedure following a mechanical aortic valve replacement. Coumadin is a drug that works to decrease your blood's clotting ability in order to prevent blood clots from forming. However, it is important for patients taking Coumadin to be on the right dosage. If too much Coumadin is given, a patient is at increased risk for bleeding; however, if too little is given, then the patient is at risk for getting blood clots.

Continue reading "Mismanaged Coumadin Therapy Leads to Woman's Death - $5 Million Settlement Reached in David v. Rush North Shore Medical Center" »

Second chances are rare in medicine. Oftentimes doctors and nurses have one chance to get something right, which means that medical providers need to monitor patients' reactions to different treatment modalities. When they see something that is not right, medical providers need to pick up on the warning signs and correct the problem because chances are they will only get one chance to do so.

However, in the case of Kerry Rupright, doctors missed their chance to prevent Kerry's permanent brain injury from happening. They missed the signs that should have alerted them that she was not reacting well to her various medications, instead opting to continue her treatment plan. The medical malpractice lawsuit of Estate of Kerry Rupright v. Rehabilitation Institute of Chicago, et al., 05 L 9451, was filed in an effort to hold these doctors accountable for their lack of vigilance in monitoring Kerry's condition.

Kerry presented to Rehabilitation Institute of Chicago for treatment of her transverse myelitis, which is inflammation across one section of the spinal cord. Transverse myelitis is extremely painful, so Kerry was prescribed pain medications as part of her treatment plan. Specifically, Kerry was given a pain relief patch that contained Duragesic and Fentanyl, which can cause respiratory distress when taken with other medications.

Continue reading "Chicago Woman Dies After Doctors Ignore Warning Signs of Respiratory Distress - $3.75 Million Settlement Reached in Rupright v. Rehabilitation Institute of Chicago" »

Any time a patient undergoes a surgical procedure, doctors warn us of the various risks and complications that could result from the surgery. Yet what duty do physicians have to be prepared to handle the potential complications of a surgical procedure? Are they excused from medical negligence if a patient dies as a result of a known complication of surgery? Or do they have a duty to do everything in their power to try and beat the odds and save the patient?

Take for instance the facts surrounding the Illinois wrongful death lawsuit of Estate of Abraham Pinarkyil v. Resurrection Medical Center, et al., No. 07010009. The case involves the death of a 45 year-old man who died after undergoing surgery to remove a benign tumor in his heart. Even though the man's tumor was benign, the surgery was necessary because even benign tumors can be life threatening by impairing heart function and blood flow.

The heart tumor was removed at Resurrection Medical Center and immediately following the surgery there were signs of problems. Instead of having improved cardiac function following the removal of his benign tumor, Mr. Pinarkyil began to experience cardiac abnormalities. These abnormal heart symptoms should have alerted the medical staff that he was possibly going into shock.

Continue reading "A Chicago Man's Death from Surgical Complications Leads to $3.8 Million Settlement - Pinarkyil v. Resurrection Medical Center" »

Typically, when a patient is placed on an oxygen ventilator it is because they are unable to get adequate oxygen on their own. Therefore, when patients are placed on a ventilator, it is important for hospital staff to appropriately monitor the ventilated patient. In the Illinois medical malpractice lawsuit of Iris Thomas v. Advocate Trinity Hospital, 07 L 8318, the hospital staff failed to maintain adequate ventilation in the decedent, a medical error that led to his death.

The case facts in Thomas involved two year-old Justin Pettway. While at home, the infant Pettway suffered a seizure, after which he was rushed by his family to Trinity Hospital's emergency room. The emergency room staff seemed to respond quickly to the medical emergency, placing Pettway on anti-seizure medication and intubating him. He was even placed on multiple monitors to assess his pulse and heart rate.

In addition, the hospital began taking measures to try and assess what had caused Pettway's seizure. The infant was transported to the radiology department for a CT scan of his brain. However, it was during this process that the medical error occurred. At some point after returning to the emergency department from the radiology department, Pettway was found to be unresponsive. The monitors showed no heart rate and the resuscitation efforts were started too late to save the little boy. He died of cardiac arrest.

Continue reading "Chicago Emergency Room Error Leads to Child's Death - Cook County Verdict of $3.66 Million Thomas v. Advocate Trinity Hospital" »

A Cook County circuit court returned a $3.76 million verdict in the case of Estate of Michael Hamilton v. Excell Emergency Care, LLC, et al., No. 07 L 6654. The Cook County medical malpractice alleged that the decedent, Michael Hamilton, would still be alive if not for the preventable emergency room errors committed at St. James Hospital.

Hamilton presented to the emergency room at St. James Hospital in Chicago Heights complaining of abdominal pain. Hamilton had been at work in a local paint factory when he began feeling dizzy, sweaty, nauseous, and having severe chest pains. Co-workers reported that he was pounding his chest with his fist and laying down in extreme pain. They called an ambulance and he was rushed to the emergency room.

However, by the time that Hamilton presented to the emergency room his severe pains had diminished substantially. Jose Almeida, M.D., the emergency room physician treating Hamilton, failed to document the details of Hamilton's symptoms and pain at work. Therefore, rather than investigating the cause of Hamilton's severe pain, he was simply diagnosed with abdominal pain and sent home with no further instructions.

Continue reading "Emergency Room Error Leads to Undiagnosed Aortic Dissection - Cook County Jury Awards $3.7 Million in Estate of Michael Hamilton v. Excell Emergency Care, LLC" »

When dealing with emergency situations, oftentimes minutes can make a difference in the patient's outcome. So in the case of Margaret Kaiser-Sperl, a five day delay in diagnosing her impending stroke led to her death. A Cook County medical malpractice lawsuit was brought by her husband against the hospital that failed to timely diagnosis her medical emergency; Richard R. Sperl, Jr., as independent administrator of the Estate of Margaret Consuelo Kaiser-Sperl, deceased v. Advocate Health and Hospitals Corp., et al., No. 09 L 012104.

Ms. Kaiser-Sperl was a 45 year-old nurse and mother of two who presented to the emergency room at Advocate Lutheran General Hospital with complaints of recent balancing problems and hearing loss. Alan Kumar, M.D., the emergency room doctor, incorrectly diagnosed her symptoms as migraine headaches and sent her home. However, a look back at those emergency room records revealed that Ms. Kaiser-Sperl was actually having a transient ischemic attack, which is a precursor to a stroke.

Within five days of her emergency room discharge, Ms. Kaiser-Sperl returned to the emergency room. Her symptoms were similar to her prior visit, but this time she also had dizziness, facial droop, and weakness in her left arm. While this time the emergency room physicians recognized the seriousness of her condition and admitted her, it did not help to prevent her from suffering from a massive stroke. Within a week of the second ER admission, Ms. Kaiser-Sperl was dead as a result of the earlier emergency room error.

Continue reading "Cook County Emergency Room Error Leads to Nurse's Death - $3 Million Settlement in Sperl v. Advocate Health and Hospitals Corp. " »

The death of a high-power, Chicago executive at the University of Chicago Medical Center could lead to the Chicago hospital losing its medicare payments. James Tyree, CEO of The Chicago Sun-Times and Mesirow Financial, died from an air embolism that developed after his catheter was removed incorrectly. The medical negligence occurred while Mr. Tyree was being treated for pneumonia at the University of Chicago Medical Center.

The air embolism occurred after air entered the catheter as it was being removed. The air bubble then entered Mr. Tyree's blood stream. This is problematic because when an air bubble becomes lodged in a vein or artery it can eventually block the flow of blood through that vein or artery. If your blood flow is blocked you are at risk of not getting enough blood to your heart or brain, which is a deadly situation.

This fatal medical error was not only preventable, but involved a skill that was so basic its being done incorrectly could be seen as gross negligence. After considering the facts of Mr. Tyree's death, the Centers for Medicare and Medicaid Services stated that the “deficiencies [which led to Mr. Tyree's death] were so serious that they constitute an immediate threat to patient health and safety.”

Continue reading "Fatal Medical Error by University of Chicago Medical Center Leads to Threats of Medicare and Medicaid Termination" »

A $4.5 million settlement was reached between Advocate Christ Hospital and Medical Center and the family of a man who died after his bladder ruptured at the Chicago hospital. The claims in the wrongful death case of The Estate of Krzysztof Bialas v. Advocate Christ Hospital and Medical Center, No. 07 L 12141, were that the decedent's death could have been avoided if the hospital's radiologist had correctly read a CT scan that would have identified the problem.

The decedent, Krzysztof Bialas, was a 42 year-old warehouse worker who presented to Oak Lawn's Christ Hospital with a fractured pelvis after being injured in a forklift accident at his job. Nursing notes from the hospital visit indicated that Bialas's scrotum was extremely swollen. In response to this observation, doctors ordered a CT scan of Bialas's abdomen and pelvis.

While Bialas's fractured pelvis was appropriately diagnosed by x-ray, the radiologist failed to recognize the presence of a large amount of fluid in Bialas's pelvic area. The medical malpractice complaint filed by the decedent's estate alleged that it was this radiology error that ultimately led to Bialas's death.

Continue reading "Illinois Wrongful Death Lawsuit Settled for $4.5 Million – Bialas v. Advocate Christ Hospital" »

The State of Illinois has been investigating Alden Village North and assessing whether the quality of care provided at the Illinois nursing home meets state standards. If not, the state plans on closing the Chicago nursing home because of overwhelming reports of nursing home abuse and neglect. New reports of five additional deaths caused by poor health care at the facility does not bode well for its future.

In addition to the state's investigation, a federally-backed watchdog group, Equip for Equality, found that illnesses at Alden Village North were not properly treated, doctors ignored pages, lab results were discarded and investigations into the deaths of its residents were found to be superficial at best. The Chicago-based Equip for Equality group started its own investigation as part of a nationwide advocacy group that has been granted broad powers by Congress to help protect people with disabilities.

As part of its investigation, Equip reviewed patient records at Alden Village North in order to assess the quality of nursing home care being provided. Its investigation is now completed and Equip filed its official report with the State of Illinois this past month. Presumably the state will consider Equip's report as it makes its decision about the future of the Chicago nursing home.

Continue reading "Report of Deaths Mounting at Chicago Nursing Home " »

A recent Illinois Supreme Court decision changed the way damages can be sought under the Illinois Nursing Home Care Act. The Court ruled unanimously in a 6-0 ruling that punitive damages cannot be awarded for wrongful death cases under the Nursing Home Care Act in Thomas Vincent v. Alden-Park Strathmoor, Inc., No. 110406.

Punitive damages are different than compensatory damages, which are awarded by courts and juries as payment for actual harm or losses suffered as a result of the defendant's actions. While compensatory damages are seen almost as a way to reimburse the plaintiff for their loss, punitive damages are meant as a way to punish a defendant for its actions. Punitive damages are typically awarded in addition to compensatory damages and are only awarded when the defendant's actions are so grossly negligent that additional censure is needed.

In the underlying Chicago nursing home malpractice case, Thomas Vincent, the legal representative for his deceased mother's estate, filed a complaint that contained three counts requesting damages be paid by Alden-Park Strathmoor, Inc. for its negligent care and treatment of his mother prior to her death. While two of the counts sought compensatory damages, the third and final count was a survival claim filed under the Nursing Home Care Act which included a request for punitive damages for the nursing home’s allegedly willful and wanton conduct.

Continue reading "Punitive Damages By Surviving Family Members Denied Under the Illinois Nursing Home Care Act - Vincent v. Alden-Park Strathmoor, Inc." »

A Cook County medical malpractice settlement for $5 million was approved by Cook County Circuit Court Judge William B. Maddux, marking the close of the Illinois lawsuit of The Estate of Shamiran David v. Rush Northshore Medical Center, et al., No. 07 L 8444. The Chicago medical negligence lawsuit was brought by the family of a woman who suffered a brain injury in the days following her heart surgery at Rush Northshore Medical Center.

While Mrs. David's aortic valve replacement and coronary artery bypass grafting performed at Rush Northshore Medical Center went well, it was the complications following the surgery that led to Mrs. David's brain injury and subsequent death. The case of Mrs. David can serve as a reminder to both patients and doctors that a successful surgery alone does not guarantee a positive outcome for a patient.

Mrs. David was discharged from the hospital following her surgery and sent home. However, the 59 year-old Cook County resident began to develop complications from her cardiac surgery within a few days of her discharge. She presented to her primary care physician with complaints of difficulty breathing and chest pains.

Continue reading "Cook County Brain Injury Following Cardiac Arrest Leads to $5 Million Settlement – Estate of David v. Rush Northshore Hospital" »

The family of a woman who died during childbirth has settled an Illinois wrongful death case for $14 million. The medical malpractice case resulted not only in the mother's death, but also involved a child born with brain damage at Chicago's Advocate Trinity Hospital. The settlement was reached in Sidonia Lawson, etc. v. Advocate Health Hospitals Corp., Cannon Vernon, MD, Jamiere Y. Smith, MD, et al., No. 09 L 12090.

In 2007, the 32 year-old decedent, Sabrina Lawson, went to Advocate Trinity Hospital with labor contractions. While there, the staff induced her with medications to try and speed along her delivery. However, while receiving the labor medications, Lawson's baby began to show signs of fetal distress.

In such instances, the medical standard of care requires an emergency cesarean section; however, there was a delay of almost seven hours. By the time the baby was born, he had suffered from brain damage as a result of lack of oxygen and blood flow to his brain.

Continue reading "Chicago Advocate Hospital Settles for $14 Million in Childbirth Death of Mother - Lawson v. Advocate Health Hospitals Corp., et al." »

A 28 year-old woman’s family who brought a lawsuit against a cardiologist and Northwestern Memorial Hospital has settled theIllinois medical malpractice and wrongful death claim for $4 million. Settlement was reached in this case with the assistance of a mediator and approved by a Cook County Circuit Court judge in Estate of Kassi Dallman v. Northwestern Memorial Hospital, Jeffrey Goldberger, MD, et al., No. 09 L 9506.

Kassi Dallman entered Chicago's Northwestern Memorial Hospital to undergo a cardiac ablation that would allow her to stop taking anti-arrhythmia medications. Cardiac ablation is a procedure that is used to correct heart rhythm problems by using long flexible tubes, catheters, inserted through a vein in the body usually at the groin and threaded to the heart. The catheter is then used to correct the structural problems in the heart that causes the arrhythmia. The cardiac ablation procedure was done without incident.

Continue reading "Cook County Medical Malpractice Death Lawsuit Settled With Cardiologist and Hospital for $4 Million - Estate of Dallman v. Northwestern Memorial Hospital" »

An Illinois jury found in favor of the defendant doctor in the Illinois medical malpractice lawsuit of The Estate of Eileen Olson, deceased v. Dr. Joseph F. Pensabene, Rockford Cardiology Associates, Ltd., 06 L-73. The medical malpractice case revolved around allegations against the defendant cardiologist of committing surgical errors and negligence which led to the wrongful death of the 68 year-old woman.

In 2004, Ms. Olson was admitted to St. Anthony Hospital under the care of her cardiologist, Dr. Pensabene, for the removal of a blood clot that was blocking the circulation in her left arm. The decedent had pre-existing conditions of asthma, diabetes, and hypertension. Dr. Pensabene performed an angiogram, which is a type of x-ray that uses both dye and fluroscopy to record a patient's blood flow through their arteries and veins.

When performing Ms. Olson's angiogram, Dr. Pensabene used a SmartNeedle catheter with an ultrasonic tip. There was no problem with the catheter entering the decedent's body via her femoral artery and passing through her groin. It was when the catheter entered the areas of the left brachial and radial arteries that Dr. Pensabene identified the large blood clot.

Continue reading "Illinois Surgical Malpractice Lawsuit Returns Verdict In Favor of Defendant Cardiologist - Estate of Olson v. Dr. Joseph Pensabene" »

A Chicago nursing home malpractice case recently received an Illinois jury verdict of a little over $2 million in Estate of William Sloan, deceased v. South Shore Nursing & Rehabilitation Center LLC, et al. 09 L 14819. Sloan was brought under the Illinois Nursing Home Care Act and the Illinois Wrongful Death Act, with issues of nursing home negligence lying at the heart of the case.

The allegations of Illinois nursing home malpractice in Sloan centered not on below standard medical care of the nursing home resident, but rather on issues of improper supervision of the nursing home resident. Sloan's ultimate death was the result of severe burns sustained after Sloan attempted to light a cigarette, but instead set himself on fire. His estate claimed that the fact that he even had the cigarette was a direct result of the nursing home staff's failure to adequately supervise Sloan.

Eighty-four year old William Sloan was a nursing home resident of Chicago's South Shore Nursing Home. One evening in 2004, when the nursing home assistants were assisting other residents to bed, Sloan was left alone in his bedroom. Unbeknownst to the nursing home staff, Sloan had obtained a cigarette and matches from an unknown source. As he attempted to light his cigarette, Sloan dropped a lit match on his lap and set fire to himself.

Continue reading "Chicago Nursing Home Negligent for Failing to Supervise Resident - $2 Million Awarded to Surviving Family in Estate of Sloan v. South Shore Nursing & Rehabilitation Center" »

A jury has awarded $1.5 million to the family of an infant who died at Central DuPage Hospital in April 2005. The Illinois medical malpractice verdict was reached after a trial in DuPage County, Illinois regarding the death of Isaac Diaz, who was five days old when he was taken to the emergency department at Central DuPage Hospital in Diaz, etc. v. Central DuPage Hospital, et al., No. 06 L 448.

The child had seen his pediatrician earlier that afternoon, but started vomiting later in the day. There was also blood found in his diaper. The Illinois wrongful death lawsuit brought by the parents alleged that the Central DuPage Hospital staff chose not to diagnose the infant’s twisted bowel. It was alleged and argued at the medical malpractice trial that the hospital and its staff took too long to act on the child’s signs and symptoms of a twisted bowel.

Waiting more than four hours to act, the family submitted evidence that the hospital and its staff began applying intravenous fluids, antibiotics and was then transferred to a unit with a pediatric surgeon, but it was too late. The hospital nurse also then called Children’s Memorial Hospital in Chicago where the boy was transferred. Isaac died the next day.

Continue reading "Illinois Infant's Death Leads to $1.5 Million Verdict Against Hospital - Diaz, etc. v. Central DuPage Hospital, et al." »

A Cook County jury found in favor of the estate of a 52 year-old Illinois woman who died of sepsis and multi-organ failure during her admission to Good Shepherd Hospital in Barrington, Illinois. The estate claimed that Illinois medical negligence occurred when the hospital failed to recognize and respond to the decedent's early signs and symptoms of sepsis, which led to her ultimate demise. The jury awarded $500,000 against the hospital in Estate of Hackl v. Advocate Health & Hospitals Corp., et al., 08 L 7880, an Illinois medical malpractice case that highlights the disastrous effects that can occur when there is a communication breakdown in a hospital setting.

The decedent presented to the emergency room at Good Shepherd Hospital, a hospital in Chicago's northwest suburbs that is affiliated with Advocate Health Care. At the time she was complaining of vomiting and generalized weakness. An emergency room physician noted that she had low levels of potassium and administered potassium and general fluids. In addition, her fingers and toes were blue during the initial examination. While the decedent did improve after receiving the fluids, she was still not ready to be discharged.

A complete blood count (CBC) was also ordered while the patient was in the ER, which revealed elevated band levels and low platelet counts. These abnormal lab results can indicate an infection; however, these results were not noted in the admitting physician's hospital notes. The attending physician, Dr. Small, had treated the plaintiff for many years and was familiar with her medical history, including the placement of a cardiac pacemaker, cardiomyopathy, renal failure, eczema, and a lumbar fusion that required her to take narcotic medications for pain.

Continue reading "Illinois Woman Dies of Sepsis From Undiagnosed Infection - Estate of Hackl v. Advocate Health & Hospitals Corp., et al." »

A recent Illinois emergency room malpractice lawsuit involving the death of a two year-old Chicago boy was recently before a Chicago jury, which awarded the surviving family members $3.66 million. The defendants involved doctors and staff at Trinity Hospital, a Chicago hospital affiliated with Advocate Health Care. The Illinois medical malpractice case was Pettway v. Advocate Trinity Hospital.

Although two year-old Justin Pettway had no history of seizures, one night his parents found him suffering from a grand mal seizure in his bed. His EMT mother and paramedic father rushed Justin to Chicago's Advocate Trinity Hospital because it was the closest hospital.

The seizures that Justin was having lasted a total of 22 minutes, only stopping after the emergency room physicians ordered seizure-stopping medications. A medical decision was reached to transfer Justin to the University of Chicago Medical Center for further treatment. But before he could be transferred, a CT scan was ordered to rule out a brain bleed. It was during the transport from the emergency room errors occurred.

Continue reading "Cook County Emergency Room Malpractice Verdict of $3.66 Million Awarded to Surviving Family of Two Year-Old Boy; Pettway v. Advocate Trinity Hospital" »

A Kankakee County, Illinois jury returned a $1.5 million medical malpractice jury verdict in favor of the family of a 20 year old woman who died of multi-organ failure connected to undiagnosed chicken pox. Michelle Koenig, who had a history of being diagnosed with multiple sclerosis, had been put on intravenous steroids and then prednisone, which generally suppressed her immune system. Estate of Koenig v. St. Mary's Hospital, et al.,No. 07 L 18, focused on the emergency room's negligence.

Koenig had chicken pox as a child, but the virus reactivated due to her suppressed immune system. She showed the chicken pox with a rash that her parents and friends commented, looked like chicken pox.

Koenig came to the emergency department at Provena St. Mary's Hospital in Kankakee on February 19, 2006. The emergency room doctor, Timothy Moran did not diagnose the chicken pox even though it showed on her body and her liver enzymes were at levels above normal. She died within 30 hours of that visit.

At the trial, attorneys for Koenig argued that the emergency room negligence was a result of Dr. Moran's choice not to rule out chicken pox as a potential ailment. Furthermore, Dr. Moran did not recognize that the elevated liver enzymes were an indication that the virus had invaded her liver.

Continue reading "Illinois Jury Returns Verdict For Family of Woman Who Died of Chicken Pox - Estate of Koenig v. St. Mary's Hospital, et al." »

A 93 year-old nursing home resident, suffering from Alzheimer’s disease and who was wheelchair bound, was sitting near the front door of the nursing home when a visitor wheeled him to the outside of the home and left him there unattended. No one noticed. Later, the 93 year-old gentleman rolled down a hill in his wheelchair and fell into a ditch near the side of the road. He wasn't discovered until hours later. The Illinois nursing home negligence case resulting from this occurrence is Binning v. East Bank Center, Ill. Winnebago Co. Cir. No. 09 L 216 (June 2010)

Russell Binning, suffered fatal injuries as a result of his fall as a result of the nursing home's negligence. He was survived by his wife and two adult sons.

The Binning family brought an Illinois nursing home malpractice lawsuit against the nursing home under the Illinois Nursing Home Care Act where it was alleged that the nursing home facility had chosen not to

(1) properly monitor and supervise the nursing home resident; (2) had chosen not to properly control activity near the nursing home’s front entrance; and (3) chose not to warn others not to assist residents without permission.

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A Chicago area nursing home has settled an Illinois nursing home negligence case brought by the family of an 87 year old Illinois woman who developed bone infection after her skin broke down. She died six months later. Alberta Jones had been a resident at the Mercy Health Care Rehabilitation Center in Homewood, Illinois. Moffett v. Mercy Health Care Rehabilitation Center, 06 L 11430 Circuit Court of Cook County, 2010)

Ms. Jones was in the nursing home because she had a stroke. She was a known fall risk which required her to be assisted for her daily living. That would mean a Mercy Health Care employee would help Ms. Jones to the bathroom, to her wheel chair, to her meals and to her physical therapy sessions.

During her stay at Mercy, Ms. Jones fractured her femur when she fell unattended. During the bone's healing process, she was fitted with a brace. Because of the tight fit, her skin began to break down when the device rubbed against her leg. Over a period of time, Ms. Jones developed osteomyelitis, or a bone infection. Her health declined and then she died, leaving an adult daughter surviving her.

Continue reading "Cook County Nursing Home Negligence and Wrongful Death Case Settled for Resident's Death After Fall Leads To Bone Infection-Moffett v. Mercy Health Care " »

A Cook County jury recently awarded $2.75 million in an Illinois wrongful death case involving the death of an Illinois male from an undiagnosed pulmonary embolism. Instead of diagnosing the man's pulmonary embolism, the Illinois emergency room staff misdiagnosed the decedent with a seizure disorder. Rhodes v. Malik, et al., No. 06 L 5467.

While misdiagnosing a patient can often be the result of medical negligence, misdiagnosed cases do not always lead to medical malpractice lawsuits. Whether or not a lawsuit is brought hinges on the degree of damages, or the final outcome. In Rhodes, the decedent's estate alleged that the misdiagnosed patient died as a result of the incorrect diagnosis. However, if a delay in diagnosis had only led to some discomfort or minor inconvenience on the part of the decedent then there would not likely have been grounds for a medical malpractice claim.

In Rhodes, the decedent's estate was critical of the emergency department's errors at Weiss Memorial Hospital, specifically its misdiagnosis of a seizure disorder. The decedent had presented to Weiss's emergency room after collapsing on a train platform. The initial doctor suspected that his collapse was due to seizures and ordered a wide range of tests to confirm this diagnosis. However, before the results came back, the initial doctor's shift was up, at which time the decedent's care was transferred to an additional emergency medicine physician.

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An Illinois medical malpractice claim involving a failure to diagnose cancer was barred by the Illinois Appellate Court under the Local Governmental and Governmental Employees Tort Immunity Act. Defendant CGH Medical Center Auxiliary, d/b/a CGH Medical Center, was a municipal entity, and according to the Act, government entities, such as a public health clinic, are immune from certain types of negligence committed by the entity and/or its employees.

The Appellate Court reviewed Hemminger v. Nehring, et al., No. 3-08-0751, to determine whether the Tort Immunity Act immunized the defendants against allegations of medical negligence contained within plaintiff's complaint. The plaintiff's complaint alleged that the defendant's employee was negligent when she failed to correctly interpret the decedent's Pap smear, which showed that the decedent had cervical cancer. As a result of the defendant's negligence, the decedent's cancer went undiagnosed for six months. By the time her cervical cancer was diagnosed it was classified as Stage IIIb and eventually led to her death.

In response, the defendants filed motions for summary judgment, which if granted would result in the case's dismissal. In its motions, the defendants argued that they were immune from any liability or negligence under the Tort Immunity Act. They also argued that the case should be dismissed because the plaintiff failed to file the complaint within the one year statue of limitations set out for municipal entities. The plaintiff's complaint was instead filed within two years of the medical negligence, which would have met the statute of limitations for a non-government entity.

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Epidural steroid injections are becoming an increasingly common method to relieve chronic pain. While the quick, outpatient procedure does have some possible risks, these are considered relatively rare for an invasive procedure. However, a recent Cook County medical malpractice case illustrates how medical negligence can drastically change a patient's outcome even in a relatively minor procedure.

The Illinois wrongful death case involved an allegedly improperly placed needle during an epidural steroid injection which led to the patient's cardiopulmonary arrest and death. At trial, the decedent's estate argued that the anesthesiologist not only puncture the membrane lining which covers the spinal cord, but also failed to administer the lidocaine into the subdural space over the spinal cord. The combination of these two anesthesiology errors led to the disastrous outcome for this Illinois woman.

The Illinios medical malpractice was not limited to the incorrect procedure, but continued to occur. The decedent's estate further argued that the woman might have survived if she had been properly intubated when she was being resuscitated. The estate alleged that during the resuscitation efforts that an endotracheal tube was placed in her esophagus instead of where it needed to be, in her trachea.

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Even those of us who know little about cancer know that the earlier your cancer is diagnosed the better your chances. So if this is common knowledge then we would expect that it would be almost a rule in the medical community: rule out cancer whenever possible in order to insure the best outcome possible. Yet all too often we hear stories about patients whose cancer was either misdiagnosed as something else or undiagnosed all together. When the misdiagnosis of cancer leads to a far worse outcome for the cancer patient there is often a case of medical malpractice.

Consider the case of a recent Illinois wrongful death settlement that was approved by a Cook County judge. The widow received $1.59 million from her deceased husband's treating urologist and his physician group after he failed to diagnose her husband's bladder cancer in a timely manner. The plaintiff-decedent's undiagnosed cancer spread over a two-year period and was the ultimate cause of his death.

The facts of the Illinois wrongful death case are as follows. Over the span of two years the man presented to his urologist for CT scans of his abdomen and pelvis. The scans showed two enlarged lymph nodes, which can be a sign that cancer has metastasized to other areas of the body. However, the urologist took no action to investigate the enlarged lymph nodes for cancer.

Continue reading "Cook County Undiagnosed Cancer Malpractice Case Settled: Urologist Failed to Pursue Abnormal Masses on CT" »

A recent appeal in an Illinois wrongful death case begs the question of what constitutes an appropriate monetary award following a wrongful death or Illinois medical negligence. When Illinois medical negligence has occurred and changed the course of someone's life forever, what is the price we put on that negligence? This is something Chicago medical malpractice attorneys struggle with and even when you get a sizable verdict, it is no replacement for the damage that has been done. Dobyns v. Chung, M.D. and Sparta Community Hospital, No. 5-07-0568.

The Illinois wrongful death case was brought by the decedent's husband against a Randolph County hospital following the death of his wife. The plaintiff alleged that during the course of treating his wife for back pain syndrome that the defendant doctor had prescribed an inappropriately high amount of medications, which led to her wrongful death.

The defendant doctor testified at the Illinois trial that he had in fact prescribed her numerous medications during the two and a half years he treated her. The decedent had previously been diagnosed with a bulging disc in her back and had a history of pain in her back, leg and abdomen since 1992. However, despite the numerous narcotic medications the doctor prescribed, she continued to suffer pain in her back, abdomen, hip and knees. The doctor's testimony stated that during the several years he treated the decedent that he never saw any sign of over-medication.

Continue reading "Illinois Appellate Court Affirms Circuit Court Decision as to Medical Malpractice Damages Awarded By Illinois Jury" »

An Illinois medical malpractice case recently was settled, avoiding an Illinois jury trial regarding the death of an Illinois man with undiagnosed bladder cancer. The Illinois medical malpractice lawsuit revolved around the urologist who allegedly failed to diagnose the man's bladder cancer in a timely manner.

The case calls to mind the importance of securing a timely diagnosis in Illinois cancer cases, where just a few months delay may result in drastic differences in the cancer's staging and in the patient's chance of a positive outcome.

In this particular case the man had first been referred to the urologist for a second opinion regarding continued complaints of urinary tract difficulties. The defendant doctor determined that the man's symptoms were behavioral, meaning that they had more to do with the patient's mental state than with his physical state. In light of this diagnosis, which was later found to be unfounded, the doctor decided that these symptoms did not present any risk to the patients lower or upper urinary tracts.

Continue reading "Cook County Cancer Misdiagnosis Case Leads to Wrongful Death: Illinois Case Settles During Trial" »