The Illinois Supreme Court has decided an appeal as to whether or not res judicata in a refiled medical-malpractice complaint barred its refiling. In the underlying case, Brandon and Daphne Wilson claimed that Edward Hospital in Naperville, Ill., was liable for the negligence of doctors under the theory of actual…
Articles Posted in Hospital Errors
Medical Studies Act is Not Available Where No Peer Review Committee Meeting Was Held; Tunca v. Painter
In June 2006, Josh Tunca was a surgeon at Northwest Community Hospital specializing in gynecologic oncology. While in surgery, Dr. Tunca removed an ovarian tumor. Later, the patient lost the pulse in her left leg due to a clog in her femoral artery. Dr. Thomas Painter, a vascular surgeon, was…
Illinois Appellate Court Rejects Emergency Room Doctor’s Claim That He is Immune under the Good Samaritan Act
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…
3.1 Million Jury Verdict for Death of Patient Following Heart Procedure; Estate of Teague v. Holy Cross Hospital
Lillie Teague, 74, underwent an angiogram, which is an x-ray exam that uses a dye and camera to look at the blood flow in an artery or vein. Many angiograms are used to examine the arteries near the heart, lungs, brain and the aorta. The procedure requires the use of…
Illinois Jury Finds for Doctor in Medical Malpractice Case in Death of a Pregnant Woman; Estate of Ariss v. Dr. Serry
On June 12, 2006, 35-year-old Tracy Ariss underwent an echo-cardiogram stress test at LaGrange Memorial Hospital after a workup for carpal tunnel pain in her arms was found to be inconclusive. Less than 3 minutes into the stress test, Tracy suffered a myocardial infarction — a heart attack. She was…
Shoulder Dislocation in Older Patients Less Likely to be Diagnosed, Treated
A new study shows that shoulder dislocation in older patients is more likely to be overlooked or misdiagnosed than among younger patients. The study warned that older patients whose shoulder injuries are not treated can face years of persistent pain and disability. Published in the October 2012 issue of the…
Sponges Can Be Left Inside Body Following Surgery; Doctors Look to Nurses to Keep Track
When we undergo surgery, we cannot think, breathe, make decisions and advocate for ourselves. We depend on the experts — doctors and nurses — who oversee the surgery to do what’s best for us. Trouble is, that does not always happen. Take the case of Sophia Savage. One night she…
Boy’s Parents, Doctors, Call for Early Recognition of Sepsis Symptoms
A consortium of 55 hospitals in the New York region has launched a campaign to aggressively identify sepsis for early treatment. Hospital administrators say the campaign is needed because sepsis, a leading cause of death in hospitals, can at first look like less serious ailments. The new campaign was recently…
Shaving Surgical Site Increases Infections
It would seem to be a logical condition of surgery that surgeons first shave areas where the incision would be made. Many surgeons believe it is important to remove anything that would obstruct the place where the surgery takes place. Still other surgeons believe that shaving the area of the…
Physicians Beware: Videotapes Can be Used Against You at Trial
Physicians should be aware that patients can use their smart phones or other electronic devices to tape alleged malpractice or negligence and introduce this evidence at trial. The presiding judge will determine whether the videotape may be presented. Videotape, audiotape, and/or photographs can be introduced at trial if a proper…