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…
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…
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…
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…
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…
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.…
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…
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…
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…
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…