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Articles Posted in Medical Malpractice

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$409,000 Jury Verdict for the Wrongful Death Caused by the Failure to Honor Advance Directive

Rodney Knoepfle, 67, suffered from significant health problems. He had a history of stroke and orthopedic and cardiac problems. Before all this took place, he executed an advance directive, which designated his wife to make healthcare decisions and stated his desire to forego life-sustaining healthcare treatment should that become necessary.…

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Illinois Supreme Court Ruled That Plaintiff in Medical Malpractice Case Can Refile Voluntarily Dismissed Lawsuit

The Illinois Supreme Court unanimously ruled res judicata did not bar Gerald Ward from refiling his voluntarily dismissed lawsuit against Decatur Memorial Hospital. Although the decision of the Supreme Court was unanimous, it was split on the rationale. Ward was refiling a medical-malpractice lawsuit against Decatur Memorial Hospital for negligence…

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U.S. Court of Appeals Affirms Dismissal of Medical Malpractice Case for Failure to Exhaust Administrative Remedies Under Federal Tort Claims Act

The U.S. Court of Appeals for the Seventh Circuit in Chicago has affirmed the dismissal of a Federal Tort Claims Act lawsuit sounding in medical malpractice filed by plaintiff Anna Chronis. She claimed that in June 2015, when she visited the University of Illinois Mile Square Health Center for her…

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$4.8 Million Jury Verdict for Negligent Surgery, Wrongful Death

Linda Shelly, 56, suffered from various health problems including hypertension, congestive heart failure and diabetes. When she experienced shortness of breath, she was admitted to a local hospital, where a CT scan revealed a retroperitoneal cyst. The next day, Dr. Muthiah Thangavelu, a general surgeon, performed surgery to remove the…

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State Appellate Court Reverses Jury Verdict Against Hospital for Negligent Credentialing Without Proof that the Physician was Unqualified

St. Luke’s Surgicenter-Lee’s Summit LLC appealed the circuit court’s judgment against St. Luke’s after a jury trial. The gist of the claim was for negligent credentialing. The claim had been brought by the plaintiff, Thomas E. Tharp and Paula M. Tharp, his wife. The jury found in favor of the…

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$11.41 Million Settlement for Failure to Monitor Medications Leading to Death

Dolores Madigan, 71, had a seizure disorder. She took the anticonvulsant medications Keppra and Dilantin daily. When she was admitted to Brookhaven Memorial Hospital Medical Center, she was suffering from an eye infection. Internal medicine physician Dr. Jayeshkumar Makavana ordered swallow testing to rule out a stroke. Although Dr. Makavana…

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$10 Million Judgment for Failure to Diagnose and Treat Dehydration

Madaline Pitkin, 26, was booked into the Washington County jail after being arrested for unlawful possession of heroin. For the next week, Pitkin, while alone in her jail cell, suffered from opioid withdrawal resulting in vomiting, diarrhea, and limited eating and drinking. The jail staff came to her cell but…

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$5.09 Million Jury Verdict for Negligent Use of Surgical Tack Applier Used to Secure Surgical Mesh

Ms. Doe, age 67, underwent elective laparoscopic hiatal hernia repair surgery. The procedure was completed by Dr. Roe, a surgeon, along with a nurse’s assistance. During the surgery, Dr. Roe used a tack applier to secure surgical mesh needed to patch an opening in Ms. Doe’s diaphragm. The next day,…

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Illinois Appellate Court Calls Settlement in Medical Malpractice Case Not in Good Faith

On May 6, 2019, the Illinois Appellate Court overturned a $25,000 settlement between a patient and doctor and revived a potentially far greater contribution claim brought against the doctor by the patient’s employer. The original lawsuit stems from a Federal Employer’s Liability Act (FELA) case wherein Antwon M. Ross sued…

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$887,000 by Arbitration for Wrongful Death, Late Diagnosis of Breast Cancer Patient

Ms. Doe, 47, had a family history of breast cancer. When she discovered a mass in her right breast, she consulted with Dr. Roe, a family practice physician. The doctor aspirated the mass with an 18-gauge needle but did not send the aspiration collection to cytology for analysis. Cytology is…

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