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…
Chicago Medical Malpractice Attorney Blog
$1.39 Million Jury Verdict for Negligence in Choosing Not to Assess Patient’s Surgical Incision
Six days after undergoing hip replacement surgery and rehabilitation, Alice Underwood, 82, was admitted to Victor Valley Global Medical Center for treatment of a urinary tract infection and dehydration. She suffered a surgical site infection while she was hospitalized, which caused her incision to separate. Underwood underwent surgery to remove…
Illinois Appellate Court Reverses $1 Million Jury Verdict Because of Confusing and Ambiguous Special Interrogatory
Michelle Morrison, a senior account representative in the Alexian Brothers Behavioral Health Hospital’s billing department, sent a woman referred to here as “Jane Doe” and others “vile and shocking” letters on the hospital’s letterhead. Morrison was fired in July 2010 for using the hospital’s computer system for personal searches. After…
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…
$1 Million Settlement for Paralysis of Patient After Outpatient Hernia Surgery
In December 2015, the plaintiff, Michael Burke, who was then 73 years old, underwent a scheduled hernia repair at Northwestern Medicine-Kishwaukee Hospital in DeKalb, Ill. After this hernia repair surgery, his blood pressure dropped and he complained of severe abdominal pain. Burke’s family asked the surgeon, Dr. Stephen Goldman, to…
State Appellate Court Finds That Physician is Qualified as an Expert Witness Even Though Not Currently Engaged in Active Practice
A Texas Appellate Court has held that a trial court had not erred in denying a defendant’s motion to dismiss based on a plaintiff expert physician’s failure to perform the procedure at issue in the case within the last 20 years. Alice Waggoner sued physician Dr. Carl Jones, maintaining that…
Illinois Appellate Court Reversed Summary Judgment Following the Mental Health Code in Detaining Suicidal Patient
Anita Irvin went into the emergency room complaining of swelling and pain in her leg. During that visit, her primary care physician informed the emergency-room physician that she had recently made suicidal ideations. The emergency-room staff prevented Irvin from leaving the hospital, dressed her in a paper hospital gown, and…
$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…
$3.47 Million Arbitration Award in Failure to Order MRI
After a fall, John Mitchell, 53, went to a Kaiser Permanente occupational medicine specialist complaining of back pain, numbness and weakness. The doctor prescribed steroids and a muscle relaxer and asked Mitchell to return in one week. At the next appointment, Mitchell reported increased numbness and weakness in his legs.…
$44.5 Million Jury Verdict for Failure to Timely Report STAT Test Results
Bradley Metts, who was 9 years old at the time of this incident, was evaluated for severe ear pain by his primary care physician at University Medical Associates. Eight days after the evaluation, Bradley’s condition deteriorated; he developed headache, nausea, vomiting and photophobia. Bradley returned to the clinic where a…