Justia Lawyer Rating for Robert D. Kreisman

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Craig Beaubien was referred to a hematologist, Dr. Charu Trivedi, to determine the cause of an abnormal blood test showing a high hematocrit level. When the hematocrit value is high, the proportion of red blood cells in the blood is higher than normal. This can indicate dehydration, a disorder that causes the body to produce too many red blood cells, such as polycythemia vera, or lung or heart disease.

Dr. Trivedi allegedly determined that kidney cancer was one of the possible causes for the hematocrit result, but did not order any diagnostic testing to rule out the cancer.

Approximately seven months later, Beaubien developed headaches. He underwent imaging, which showed an 8.3 cm tumor in his kidney. The tumor was cancerous and had metastasized to the brain. As a result, Beaubien underwent radiation, chemotherapy, immunotherapy and surgery. Despite this treatment, he died. He was survived by his wife.
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Saalik Ziyad, 40, had been diagnosed with congestive heart failure. He was received at the emergency department at Advocate Trinity Hospital in Chicago where he was seen for sepsis and an abscess. An ECG was read as borderline, and he was admitted to the intensive care unit (ICU).

A nephrologist, Dr. Branislav Marcic, accepted the hospital admission and acted as attending physician. After undergoing a surgical incision and the draining of the abscess, Ziyad experienced decreased vital signs and lack of urine output. He also was found to have an elevated white blood count. An intensivist transferred him to a general floor where he passed away. Ziyad was a musician who was survived by his parents.

His estate sued Advocate Trinity Hospital and the intensivist, alleging medical malpractice, choosing not to treat Ziyad in the intensive care unit.
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Gloria Nogan, 81, underwent a partial colonoscopy after presenting at the hospital emergency room for gastroenterological symptoms. The attending anesthesiologist, Dr. Bassen Ghaly, used a monitored anesthesia care sedation method instead of general anesthesia with an endotracheal tube intubation.

Nogan aspirated during the procedure and later died of complications from aspiration. Her estate sued Dr. Ghaly and Resolute Anesthesia, alleging that Dr. Ghaly had chosen not to conduct a proper pre-anesthesia evaluation, including documenting Nogan’s high risk for aspiration. The lawsuit also alleged failure to utilize an endotracheal intubation.

After the jury signed a verdict for $4 million, the parties settled for the insurance policy limits of $2 million.
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The Illinois Appellate Court affirmed a Cook County jury verdict of $5 million for a suicide that occurred at Advocate Health and Hospital Corp. The decedent, Bozena Binkowski, sued Advocate Health in Cook County Circuit Court in Chicago, alleging medical negligence and wrongful death related to the death of her husband, Philip Cirrano, who died by suicide in 2015.

Binkowski alleged that her husband, who suffered from anxiety, depression and bipolar disorder, was improperly discharged from Advocate Good Samaritan Hospital’s psychiatric unit 52 days after his admission. He was admitted to the hospital because he had made a December 2014 unsuccessful suicide attempt.

In January 2015, he was transferred to an independent living facility without any psychiatric staff. It was there, in February 2015, that he took his own life. The Cook County jury returned a verdict for $5 million in favor of Binkowski and the estate.
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The trial judge in a medical malpractice jury trial correctly adopted the jury instructions in the case over an alleged botched hernia surgery. The Illinois Appellate Court affirmed that ruling. The jury returned a verdict in the defendant’s favor.

The appellate court ruled that the trial judge did not err when giving jury instructions and that the instruction tendered was accurate and without undue repetition. Justice David W. Ellis delivered the opinion of the appellate court.

Jeffrey S. Goldberg sued Dr. N. Scott Peckler and North Suburban Surgical Consultants in the Circuit Court of Cook County. The lawsuit alleged negligence against Dr. Peckler and vicarious liability against North Suburban Surgical Consultants.
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Doe, age 3, was diagnosed as having a viral infection and experienced 4 to 5 days of fever and increased fussiness. Doe’s mother took the child to Lawndale Christian Health Center, a federally funded clinic; this required the plaintiff to file under the appropriate federal statute, the Federal Tort Claims Act. At the clinic, a physician assistant noted slight swelling in Doe’s upper right eyelid and his inability to open the eye fully. Doe also had a slightly abnormal pulse rate and blood pressure.

The physician assistant diagnosed periorbital cellulitis and a history of fever consistent with a viral infection. The physician assistant prescribed an antibiotic and told Doe’s mother to go to a hospital emergency room if Doe’s eye became swollen shut or did not improve in 1 to 2 days.

Two days later, Doe’s mother found her child unresponsive. Doe was rushed to a hospital where he was diagnosed as having septic shock, subdural abscess, and sinusitis, among other problems necessitating emergency neurosurgery. Doe, who suffered a stroke, had suffered a brain injury that resulted in cognitive delays.
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Amanda Hoover delivered her child by cesarean section at Banner-University Medical Center. After the delivery, Hoover experienced chronic abdominal pain, intermittent fever and chills, nausea, vomiting and diarrhea. She underwent testing and was later diagnosed as having a foreign body in the lumen of her sigmoid colon.

Hoover underwent surgery during which a surgical sponge and a 20-cm section of her sigmoid colon were surgically removed.

She sued Banner-University Medical Center and Banner University Medical Group alleging that leaving a surgical sponge in her body after the cesarean section delivery amounted to a deviation from the standard of care.
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A Missouri Appellate Court held that a patient suing a healthcare provider for improperly accessing confidential information was not required to file an affidavit of merit. In Illinois, an affidavit of merit under Illinois Code of Civil Procedures,735 ILCS 5/2-622, is required in filing a medical malpractice lawsuit as is the case in Missouri.

In the related case, J.J., a minor, received inpatient treatment at Poplar Bluff Regional Medical Center. A facility employee, who was not involved in J.J.’s treatment, allegedly accessed his medical records and revealed to her daughter, a former girlfriend of J.J., that he was receiving inpatient treatment.

J.J. was a student. Other students at J.J.’s school learned of this information, leading to harassment and bullying.
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On Sept. 22, 2016, Stephanie Delknap was seen by Dr. David Crawford for treatment of gastroesophageal reflux with hiatal hernia. Dr. Crawford “attempted” a partial fundoplication procedure. In the following 24 hours, Delknap experienced gagging and retching, could not tolerate food, and had “very poor input and output.” She was nonetheless discharged the following day. Within a few days, she suffered an acute recurrence of her hiatal herniation, became septic and then unfortunately died.

Jeremy Delknap and Shane Delknap, the plaintiffs, as independent co-administrators of the estate of Stephanie Delknap, filed suit against Dr. Crawford, the Peoria Surgical Group Ltd., Cynthia Martin (Delknap’s nurse), and the Methodist Medical Center of Illinois.

The plaintiffs alleged that Martin cared for Delknap and observed that she was in constant pain with intermittent crying, anxiety and signs of tachycardia and hypoxia but chose not to fully report these conditions to the doctors.
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Ms. Doe, age 36, experienced chronic pelvic pain. She consulted with Dr. Roe, a gynecologist, who allegedly diagnosed Stage II endometriosis. Dr. Roe performed a laparoscopic hysterectomy and oophorectomy. Five days after that surgery, Ms. Doe went to Dr. Roe’s office complaining of nausea, vomiting, fever and decreased voiding. Dr. Roe, it was alleged, did not order imaging.

That same night, Ms. Doe went to a hospital’s ER where she was diagnosed as having fluid in her abdomen, hydronephrosis and acute kidney failure. Ms. Doe underwent urgent surgery to treat her injured ureters and bladder. She suffered complications following the surgery, including a fistula, kidney infections, recurrent UTIs and lost bladder sensation.

Ms. Doe sued Dr. Roe, alleging that the doctor had transected one of her ureters and obstructed the other during the hysterectomy. Ms. Doe also alleged that her bladder had been injured during the surgery.
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