When the government is the only defendant in a Federal Tort Claims Act, the statute of limitations is two years. It doesn’t matter whether the plaintiff — who is the injured party in a medical negligence case — was a minor at the time of the injury. The statute is…
Ms. Doe, 17, experienced back and abdominal pain in her 34th week of the pregnancy. She was admitted to a local hospital where her condition deteriorated over the next several days. Ms. Doe was then diagnosed as having sepsis and placed on a ventilator. After giving birth to her daughter,…
In September 2007, 55-year-old Barbara Ann Drebek-Doyle underwent a CT scan of the sinuses due to her recurrent sinusitis condition. The test was performed at Advocate Condell Gurnee Outpatient Radiology Center. The scan was interpreted by the defendant Dr. David E. Foosaner, a radiologist. In a lawsuit that was filed by Ms.…
On May 27, 2005, Dennis Swallow came to the office of the defendant internist, Dr. Bryan Moline, for preoperative clearance for an upcoming orthopedic hip surgery. Swallow was 51 years old at the time and had a history of a neurological event in 1996. He was taking 325 mg of aspirin daily as…
On Feb. 13, 2008, Richard Potrawski was taken by ambulance to Little Company of Mary Hospital in Evergreen Park, Ill., after suffering a head injury during a slip and fall on ice. Mr. Potrawski was brought to the emergency room at 12:30 pm. He had a large contusion above his…
Continuity of care is paramount in patient healthcare. The goal is always to give the patient the best medical care while at the same time reduce medical errors. For the last 20 years hospitals and physicians have been using electronic health records (EHR). Although the intent was noble, EHR has caused serious…
Jennifer, a 25-year-old student, began experiencing severe headaches and visual disturbances. Several days later she went to a hospital emergency room. She told the ER staff she was not prone to headaches and that she was currently taking oral contraception. Jennifer was diagnosed with a complex migraine headache. Several hours later however,…
Neal Nuss, age 73, was transported to St. James Hospital in Blue Island, Ill., on Sept. 5, 2006 following an auto accident. Nuss was admitted to the hospital and diagnosed with subdural hematoma; he was evaluated by a neurosurgeon. Over the next three days, doctors determined that the subdural hematoma was…
Cook County commissioners voted Feb. 5, 2013, to pay $24 million in hospital malpractice settlements. Of that total, $20 million will be paid to the family of a boy who suffered brain damage after a heart attack following surgery at a Chicago hospital. A lawsuit was filed against Stroger Hospital…
The Illinois Good Samaritan Act (745 ILCS 49/25 (West 2010)) states that a medical professional who, in good faith, “provides emergency care without fee to a person” should be immune from civil damages except in the case of willful or wanton misconduct. Immunity from suit was the position taken by…