Justia Lawyer Rating for Robert D. Kreisman

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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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The Illinois Appellate Court for the 4th District affirmed in part, reversed in part and remanded a decision from the Winnebago County Court.

Thomas Rossi, M.D., performed gastric bypass surgery on Cynthia Overstreet. Following that surgery, Overstreet complained of vomiting and nausea. She was hospitalized with neurological symptoms and later went into a coma and never recovered. She suffered from Wernick’s encephalopathy, a swelling of the brain caused by thiamine deficiency.

Overstreet died seven years later. The executor of her estate, First Midwest Bank, filed suit against Dr. Rossi for negligence. After a jury trial, Dr. Rossi was found liable and awarded damages for lost wages, medical bills, loss of normal life, grief, sorrow and mental suffering.
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The family of a man who died of a heart attack while hospitalized after an appendectomy was held not to have a viable medical malpractice case against the attending physician.

In July 2017, Timothy Dobine, 43, died while under the care of medical staff at West Suburban Medical Center in Oak Park, Ill. Dobine’s family sued in state and federal court.

The family sued the U.S. government under the Federal Torts Claim Act alleging that the attending physician, Dr. Morgan Madison, who worked for a federally qualified healthcare center, provided negligent medical care and was the proximate cause of Dobine’s untimely death.
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Michael Davis consulted a nurse practitioner at CHI St. Alexius Health Williston when he experienced flu-like symptoms. A blood test showed an elevated white blood cell count. Eight months later, he returned to the nurse practitioner, complaining of frothy urine. Blood testing showed again an elevated white cell count and protein or blood in his urine.

The nurse practitioner referred Davis to a urologist. The urologist was alleged to have found no urological explanation for the abnormal test results.

About six months later, the follow-up appointment with the nurse practitioner and testing showed that the level of blood and protein in Davis’s urine had tripled. A urologist again allegedly determined there was no urological explanation for those results.
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The wife of William Lee, a 41-year-old father of young children, found him unconscious in the middle of the night. He was rushed to Westchester Medical Center where he underwent a head CT scan and had a neck CTA. A CTA or “coronary computed tomography angiography” involves the use of CT scans and an injected dye to develop computer-aided, 3-dimensional images of an artery.

Two second-year residents interpreted the tests as normal. Over an hour later, one of the residents contacted an attending physician, who was unable to view the test results due to a software problem. An experienced radiologist later diagnosed a basilar stroke. Lee underwent a thrombectomy, a procedure involving the removal of a blood clot.

Nevertheless, Lee suffered significant brain damage, resulting in severe short-term memory loss and impaired judgment. He now receives 24-hour treatment from a residential brain injury center located hours away from his family.
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