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…
Articles Posted in Medical Malpractice
$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…
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…
$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…
$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…
$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,…
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…
$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…
Illinois Appellate Court Reverses Decision that Party Can Change a Testifying Expert to a Non-testimonial Expert
In August 2013, Alexis Dameron underwent surgery at Mercy Hospital and Medical Center where she claimed to have sustained injuries due to medical negligence. She filed a medical malpractice case against Mercy and various employees at the hospital on Nov. 6, 2014. During discovery, she disclosed that Dr. David Preston…
Illinois Supreme Court Dismisses Interlocutory Appeal Regarding Claim of Unconstitutional State Law
This interlocutory appeal to the Illinois Supreme Court was dismissed. A supervisory order was entered remanding the case back to the trial court. The plaintiff in this case filed a wrongful death and survival action lawsuit alleging medical malpractice of the defendant Union Health Service. The defendant alleged immunity under…