In the recent Illinois Appellate Court decision of McChristian v. Brink, it was held that the defendant’s attorney, representing a podiatrist and the podiatry clinic, was not prohibited from calling a controlled expert (Ill. S. Ct. Rule 213 (f)(3)) podiatrist to testify at trial when this expert was also one…
In an important constitutional issue in this medical negligence and medical records case, the dispute was whether patients in the state of Florida have the right to access records under the Florida Constitution and its Amendment 7, specifically records relating to “adverse medical incidents.” These records are considered privileged and…
George Hand, 63, developed incontinence and a swollen prostate. He consulted with urologist Dr. Gilbert Gonzalez who suggested using transurethral microwave therapy to heat up the prostate and cause it to shrink. During the transurethral microwave therapy procedure, Dr. Gonzalez placed the transurethral device and then left the room. The…
On Oct. 30, 2009, J.S. (DOB: 5/7/09) suffered a bilateral tension pneumothorax at the defendant hospital, which resulted in a cardiopulmonary arrest for 23 minutes. A bilateral tension pneumothorax is a medical emergency, and it requires immediate treatment. This 6-month-old child was a post-cardiac surgical patient who suffered from chronic…
Janice Rowland, 59, underwent a Pap smear that was interpreted as normal. Two and half years later, she developed post-menopausal bleeding and pelvic pain. She then underwent a cervical biopsy. The biopsy led to a diagnosis of metastatic cervical cancer, and she died several months later. Rowland was survived by…
Deborah Larkin, 42, underwent laparoscopic surgery. Over the next two days she complained of severe pain even with the use of medication. Larkin also developed tachycardia, low sodium levels, hypotension and an abnormally high white blood cell count. A kidney physician, a nephrologist, diagnosed sepsis prompting the surgeon to order…
The U.S. Court of Appeals for the 7th Circuit in Chicago has overturned a summary judgment order that was entered by a U.S. District Court judge over whether an insurance company, Sun Life & Health Insurance Co. (U.S.), should pay death benefits to the husband of the plaintiff when he…
In this medical negligence case, the Illinois Appellate Court took an interlocutory appeal on an issue of first impression regarding the application of the Petrillo doctrine on a unique set of facts. The plaintiff, Jacqueline McChristian, who was injured by a podiatrist, Dale Brink, DPM, claimed that the trial court…
Andrea Tate was 57 when she underwent surgery to remove a noncancerous tumor at the Hospital of the University of Pennsylvania. After the surgery, the staff at the hospital administered Heparin to prevent blood clots. Tate’s coagulation rate was measured using an activated partial thromboplastin time (APTT) test. Over the…
The appeal to the Illinois Supreme Court arose from the Circuit Court of Peoria County, which granted the motion of the defendants, Dr. Clarissa Rhode and Central Illinois Radiological Associates Ltd. The plaintiff — Randall Moon — filed a complaint under the Illinois Wrongful Act (740 ILCS 180/1, et seq.)…