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$2.7 Million Cook County Jury Verdict for the Death by Pulmonary Embolism After Hysterectomy

Mary Mitchell underwent a total abdominal hysterectomy, but the doctor chose not to employ the appropriate prophylactic measures to prevent deep vein thrombosis and pulmonary embolism that was alleged to have caused or contributed to her untimely and unfortunate death.. The doctor who did the surgery, Dr. Amalendu Majumdar was an obstetrician-gynecologist. When this patient flashed signs and symptoms of a pulmonary embolism during the post-op visit that he made on Nov. 20, 2004, he did not recognize and/or treat the signs and symptoms of this emergency.

As a result of Dr. Majumdar’s failings, Mitchell, who was only 43 years old, died the next day from extensive bilateral pulmonary emboli. She is survived by her husband and two children, ages 14 and 24.

The defendant doctor contended that he complied with the medical standard of care, that he did provide proper intra-operative and post-operative prophylaxis and that the patient did not exhibit “classic’ signs of a pulmonary embolism at the post-op visit on Nov. 20.

At trial, the plaintiff’s family engaged an emergency medicine nurse as their medical expert. Before the jury entered its verdict it was asked two special interrogatories: Did defendant act as a reasonable and careful ob/gyn? The jury’s answer was “No.” The other special interrogatory was: Did defendant’s negligence cause or contribute to the decedent’s death? The jury’s answer was “Yes.”

Mary Mitchell’s family was represented by Mark Basile who made a demand to settle the case before the start of the trial for $1 million. At trial, Mary’s family’s counsel asked the jury to return a verdict of $7,500,000. There was no offer made on behalf of the defendant, Dr. Majumdar to resolve this case. The defendants engaged experts in obstetrics and gynecological medicine as well as a pulmonologist who testified at trial.

The jury’s verdict of $2,747,768 was made up of the following damages:

• $1,200,000 for pecuniary loss;
• $1,500,000 for loss of society;
• $25,000 for pain and suffering;
• $16,636 for medical expenses; and
• $6,132 for funeral expenses.

The Estate of Mary Mitchell, deceased v. Amalendu Majumdar, M.D., No. 08 L 3407 (Cook County, Illinois).

Kreisman Law Offices has been handling medical negligence lawsuits, birth injury lawsuits, hospital negligence lawsuits, physician negligence lawsuits and nursing home negligence cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 38 years in and around Chicago, Cook County and its surrounding areas, including Mount Prospect, Oak Forest, Orland Park, Hickory Hills, Riverdale, Bensenville, Wheaton, St. Charles, Geneva, Waukegan, Round Lake Beach, Robbins, Rolling Meadows, Rosemont, Sauk Village, Schaumburg, Schiller Park, South Barrington, South Holland, Streamwood, Thornton, Tinley Park, Willow Springs, Worth, LaGrange, Lansing, Linwood, Markham, Matteson, Elmwood Park, East Hazelcrest, Countryside, Chicago Ridge, Burr Ridge, Buffalo Grove, Bridgeview, Blue Island and Crete, Ill.

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