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…
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.…
Nicholas Carusillo, 29, had a history of bipolar affective disorder, manic depression and substance abuse. After experiencing signs of mania and behavioral outbursts, he was admitted to an inpatient psychiatric unit. His medication, including Seroquel and lithium, were increased until his condition stabilized. He was then discharged to Metro Atlanta…
Edward Peers was eating dinner with his family when he felt a jolt of pain in his back and radiating chest pain. He was taken to Doylestown Hospital where he was examined by an emergency department physician who ordered two EKGs. The test results were not concerning for acute coronary…
Jonathan Buckelew, 32, experienced neck pain and a headache for four days. In addition, he suffered bouts of blurred vision and ringing in his ears. He went to a chiropractor — Dr. Michael Axt — who completed a neck adjustment. When Buckelew sat up after the adjustment, he reported dizziness;…
Kerri Downes, 22, discovered a lump in her right breast while showering. She went to Axia Women’s Health, where she was seen by a nurse practitioner, Eileen Carpenter. Carpenter diagnosed fibrocystic breast changes, and a follow-up exam was scheduled for two weeks later. At this appointment, Carpenter again diagnosed bilateral…
Alfred J. Giudicy appealed the circuit court’s judgment dismissing his medical malpractice case without prejudice after he chose not to file an affidavit of merit within 180 days. The filing deadline is required under § 538.225. Giudicy argued that § 538.225 violates the Missouri Constitution. It was also contended by…