Howard Kinch was 34 when he underwent a laparoscopic cholecystectomy performed by general surgeon Dr. Christopher Touloukian. One week after the surgery, Kinch was re-hospitalized and diagnosed as having bile in his abdomen. Kinch was transferred to another hospital so that he could receive an external drain. The drain mechanism…
Chicago Medical Malpractice Attorney Blog
State Appellate Court Reverses Dismissal of Misdiagnosis of Multiple Sclerosis Lawsuit
A Mississippi State Appellate Court has reversed a dismissal of a lawsuit that claimed the defendant physician, Dr. Terry Millette, misdiagnosed Debra Green as having multiple sclerosis (MS). As the lawsuit was filed after the applicable state’s one-year limitation, the defendant moved to dismiss, which was granted by the trial…
Illinois Appellate Court Answers Two Questions Regarding Right to Cross-Examine Expert, Remands Case for Further Proceedings
In March 2014, plaintiff Dawn Verci filed a negligence lawsuit against defendants Michael High and International Union of Operating Engineers, Local No. 649. She claimed that as a result of the defendants’ negligence, she was injured and underwent medical treatment that cost more than $1 million. The majority of her…
State Supreme Court Rules Medical Malpractice Expert Was Not Qualified to Testify
Beekman Youngblood, M.D., is a board-certified anesthesiologist who appealed a circuit court judgment entered on a jury verdict in favor of Anthony Martin, as personal representative of the estate of Lanesha Martin. On May 25, 2006, Lanesha Martin underwent outpatient sinus surgery at Vaughan Regional Medical Center. During that surgery,…
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…
$2.7 Million Jury Verdict for Misdiagnosis of Epilepsy Instead of Autism
As Clare Linzell’s parents became concerned about her repetitive behaviors and attention span, they asked a neurologist, Dr. Yassar Awaad, to examine their 4-year-old daughter. Dr. Awaad is a pediatric neurologist. Dr. Awaad conducted several EEGs, diagnosed epilepsy, and prescribed anti-seizure and anti-depressant medications. The epilepsy treatment continued for years…
$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…
$9 Million Settlement in Punitive Damages for Death Caused by Failure to Diagnose and Treat Pulmonary Embolism
Hope Johnson, 20, was a student who was considering hormonal birth control. In doing so, she underwent a blood test to determine whether she was at risk for blood clots. Although the test for Factor V Leiden was positive for a clotting mutation, Johnson’s treating ob/gyn told her that her…
$1.25 Million Jury Verdict for Negligence in Laparoscopic Cholecystectomy
Ms. Doe, 52, went to a hospital emergency room complaining of abdominal pain. She underwent an ultrasound and was diagnosed as having gallstones. Dr. Roe, a general surgeon, performed a laparoscopic cholecystectomy, during which the doctor encountered an unusual amount of bleeding. The surgeon converted to an open procedure where…
$2.58 Million Jury Verdict in Failure to Diagnose and Treat Breast Cancer
When Lana Burton went in for a routine mammogram and later developed a lump in her breast, she went back for another mammogram and an ultrasound. The radiologist, Dr. Sanford Limpkin, interpreted the mammogram and ultrasound as being normal. Fifteen months later, she was diagnosed as having triple negative cancer…