When Juanita Norton, 88, fell in her yard, she was taken to the local emergency room. At the hospital, she was diagnosed as having multiple pelvic fractures. She was admitted to the hospital for pain control and rehabilitation when placed on DVT (deep vein thrombosis) prophylaxis. During the hospitalization, Norton…
Articles Posted in Orthopedic Mistakes
$6.25 Million Jury Verdict for Injuries Suffered for an Unnecessary Hip Replacement
Elizabeth Njinga suffered from back pain for a long period of time. She was referred to an orthopedic surgeon, Dr. Michael Alexiades. The doctor reviewed her x-rays and ordered an MRI. Dr. Alexiades told Njinga that she had moderate degenerative changes in her hip and that her pain was coming…
U.S. Court of Appeals for the Seventh Circuit Reverses Defendant’s Leave to File Affirmative Defense Long After the Statute of Limitations Had Run
Almost seven years into this lawsuit, after discovery had been closed and with a summary judgment deadline looming, the defendants in this case, Dr. Partha Ghosh and Wexford Health Sources Inc., raised the affirmative defense of res judicata for the first time. This was an unexpected motion to dismiss an…
Illinois Appellate Court Affirms Jury Verdict for Plaintiff in Medical Malpractice Claim of Negligence in Spinal Surgery
Gloria Tirado and Christian Tirado were plenary guardians of Gina Gutierrez, who brought a medical malpractice case against Drs. Konstantin Slavin and Gerald Oh. In the suit, it was alleged that the doctors negligently performed spinal surgery on Gutierrez and were negligent in their follow-up care. In answer, Dr. Slavin…
$1.91 Million Jury Verdict for Failure to Perform Pulmonary Embolism Risk Assessment
William Andrews, 46, suffered from orthopedic injuries, including a hip fracture that he suffered in an ATV crash. He went to a hospital emergency room where he was placed in a knee immobilizer and was instructed to stay non-weight bearing. At a later doctor’s appointment with an orthopedist, he was…
$2.04 Million Jury Verdict for Negligent Spinal Surgery
Patricia Bent underwent a right laminectomy performed by orthopedic surgeon Dr. Navinder Sethi. Although the surgery was successful, she developed pain, numbness and tingling on her left side. She returned to Dr. Sethi, who recommended a bilateral laminectomy at L3-4. Unfortunately, during that surgery, Bent suffered a right-side dural tear,…
$4.5 Million Jury Verdict in Failure to Treat Leg Fracture and Infection, Resulting in Amputation
Dwayne Kenney suffered a fractured left leg in a motorcycle crash. He underwent open reduction and internal fixation surgery, which was performed by an orthopedic surgeon, Dr. Cyrus Kump II. Kenney suffered complications and, suspecting an infection, Dr. Kump removed the plates and screws from his leg approximately three months…
$10 Million Jury Verdict for Permanent Deformity to Two-Year-Old Child’s Right Arm
Then 2-year-old Doe was taken to a children’s hospital after suffering a fall. A pediatric resident, Dr. James Prosser, set Doe’s fractured right arm and placed a cast on the arm. Later that day, Doe was returned to the hospital, where another physician examined him again and discharged him. Doe’s…
Illinois Appellate Court Affirms Defendant-Physician’s Motion for Directed Verdict in Medical Malpractice Case
The Illinois Appellate Court rejected a claim by the plaintiff, Ludgardo R. Castillo, that expert testimony was required only to establish the applicable standard of care. Also, the trial court did not err in indicating to Castillo that she would have to pay money to the defendant to reimburse defense…
Illinois Appellate Court Reverses Defense Verdict in Medical Malpractice Lawsuit
The Illinois Appellate Court reversed the Will County associate judge’s April 2017 decision to deny plaintiff Susan Steed’s post-trial motion for judgment notwithstanding the verdict. In this case, Steed’s husband, Glenn Steed, suffered an Achilles tendon injury playing basketball. After the Feb. 17, 2009 injury, his right leg and ankle…