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Articles Posted in Medical Malpractice

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Medical Malpractice Case Shut Down by Plaintiff’s Late Expert Disclosure

Bozena Smith filed a medical negligence complaint against two doctors who were residents in 2006 when she claims she was injured in postsurgical treatment. After the fact discovery was done by each of the parties, and the trial judge entered a deadline of Sept. 13, 2010 for the plaintiff to disclose…

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$934,000 Cook County Bench Trial in Failure to Diagnose Rectal Cancer

Joseph Farias, age 29, began treatment with the defendant internist, Yolanda Co, M.D., in February 2002. He came to the doctor with complaints of constipation for three years and rectal bleeding. Dr. Co performed a rectal exam and ordered a colonoscopy, which came back negative. There was no cause determined as to why…

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Illinois Jury Verdict for Doctors in Bowel Perforation, Sepsis, Death Case

In November 2006, the defendant surgeon, Dr. Hodgett, performed a laparoscopic biopsy on a 72-year-old woman, Mary Backes.  The purpose was to diagnose a suspected lymphoma in her retroperitoneal area, which is behind the abdomen. The biopsy was done at Provena Nursing Medical Center in Aurora, Ill.  Another defendant, Dr. Sayeed,…

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Illinois Appellate Court Reverses Medical Malpractice Order Under Reimbursement Provision

The Illinois Appellate Court reversed a trial judge’s ruling in a medical malpractice case because the judge ruled that the defendants had no right of reduction on the jury’s verdict.   In this case, Charles Perkey, as administrator of the estate of Leanne Perkey (his wife), sued the doctors and…

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Illinois Appellate Court Reverses Medical Malpractice Defense Verdict for Erroneous Rulings Regarding the Scope of Cross-Examination

  The Illinois Appellate Court for the Fourth District reversed a jury’s verdict for defendants, which included OSF Healthcare System, in the Circuit Court of McLean County.  The case centered around an injury and subsequent death of a 3-year-old boy, Christian Rivera, in 2003. The jury trial was held in July…

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Medical Malpractice Lawsuits Do Not Have Harmful Effects on Patient Safety

In a May 16, 2013 New York Times opinion page editorial, written by assistant professor of law at the University of California, Los Angeles, Joanna  C. Schwartz, discussed the Affordable Care Act in relation to medical malpractice lawsuits. The article was titled, “Learning from Litigation.” The thrust of the article is…

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$678,000 Verdict for Unnecessary Cataract Surgery; Perkins v. Dr. Khan

The defendant ophthalmologist, Seemin Khan, M.D., performed cataract surgery on the plaintiff, Frances Perkins, on March 19, 2008. It was discovered after the surgery that Perkins had a chronic detached retina. The retina is the light-sensitive tissue that lines the inner surface of the eye. The optics of the eye…

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1.2 Million For Medical Battery in Removal of Both Ovaries; Fief v. Woman’s Health Institute, Ltd.

A 36-year-old nurse was seen by the defendant obstetrician Larry Overcash, M.D. The physician was alleged to be negligent in performing a bilateral removal of both of Ms. Fief’s ovaries. She had consented to removal of only one ovary. However, at the Peoria Day Surgery Center, both of the Fief’s…

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Medical Malpractice Claim Survives Res Judicata Assertion; Wilson v. Edward Hospital

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…

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$1.15 Million Jury Verdict for Patient with Chest Pain Leading to Fatal Heart Attack; Herring v. Blake

William Herring, 59, had a history of severe coronary artery disease. Complaining of chest pain, Herring was seen by his internist, Wayne Blake, M.D. Herring said his chest pain was relieved by belching. At the doctor’s office, an electrocardiogram was done, which showed that Herring had normal rhythms. Dr. Blake…

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