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…
Melvin Jones received a cervical laminectomy on Feb. 6, 2008 by surgeon Dr. Martin Luken. Dr. Charles Beck, an internist at the same hospital, evaluated Jones after the surgery. Jones developed gastrointestinal issues, and Dr. Beck ordered a series of tests. Dr. Beck remained involved with Jones’s care over the…
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,…
Karol Stawarz was complaining to his primary care physician, Dr. Victor Forys, about his lower abdominal pain. Dr. Forys diagnosed gastroenteritis and prescribed medicine. He also told Stawarz to follow up in 24 hours or go directly to the hospital if his condition got worse. On the following day, Stawarz…
A Will County, Ill., jury entered a $1,066,000 verdict against an orthopedic surgeon, David Burt, M.D. Virginia Faletti, 82, underwent endoscopic carpal tunnel release surgery on her right wrist at Edward Hospital. The surgery was done to relieve pressure on the median nerve because of crowding within the carpal tunnel…
Joyce Bonner was injured in a fall and lost four of her front teeth.She received treatment from dentist Dr. Elliott Ostro to repair the damage.Ostro recommended four implants to replace the teeth.However, Ostro did not take x-rays or make molds of Bonner’s mouth before starting his work. More than a…
Attorneys know that experts are frequently important in the courtroom to assist them during trial. A doctor, for example, can introduce expertise and experience that an attorney cannot possibly duplicate. The doctor’s testimony can influence the jury in exactly the way the attorney desires. It is important, however, to make…
There is an old saying that hindsight is always twenty-twenty, i.e., we can always see something coming after the fact. When it comes to medical cases, it is often easy to see the signs and symptoms of a disease after it has run its course. However, diagnosing a disease in…
In medical malpractice lawsuits, there is sometimes a thin line between what constitutes negligence and what does not. Take for example the Cook County lawsuit of Jennifer Irwin v. Alan B. Loren, M.D. and Daniel R. Conway, M.D., Advanced Surgical Associates, S.C., 08 L 2760. The defendant doctors committed a…
The First District Appellate Court of Illinois affirmed a not guilty jury verdict in the medical malpractice lawsuit of Raven Taylor v. The County of Cook, et al., No. 1-09-3085. While the plaintiff appealed the verdict on several counts, perhaps the most significant of the appellate court’s rulings was in…