$4 Million Jury Verdict in Failure to Document Patient’s Risk of Aspiration

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.

The attorney successfully handling this matter for the Nogan estate was Mariam Hafezi of Oak Park, Ill.

Nogan v. Ghaly, 2020 L 11581 (Ill. Ct. Cir. Cook County).

Kreisman Law Offices has been handling hospital negligence lawsuits, anesthesiologist negligence lawsuits, emergency department negligence cases, and wrongful death cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 49 years in and around Chicago, Cook County and its surrounding areas, including Libertyville, Villa Park, Burr Ridge, Burbank, Crestwood, South Holland, Calumet City, Des Plaines, Morton Grove, Chicago (Dunning, Portage Park, North Center, Lakeview, Lincoln Park, Lower West Side, Bridgeport, New City, Chicago Lawn, Auburn Gresham), LaGrange, Melrose Park, and Oak Park, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.