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Chicago Medical Malpractice Attorney Blog

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Illinois Supreme Court Affirms Appellate Court Allowing Added Count to Complaint

In October 2016, we reported about this important case on the Illinois law on relation-back and how it applies in a medical malpractice lawsuit. In the underlying case of Sheri Lawler, as administrator who sued on behalf of Jill Prusak, the University of Chicago Medical Center and Advocate Christ Hospital…

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U.S. Court of Appeals Affirms District Court Judge’s Decision that Plaintiff’s Medical Witness was Not Credible

Philip Madden suffered from numerous medical conditions including obesity, respiratory acidosis, congestive heart failure, chronic obstructive pulmonary disease, obstructive sleep apnea, obesity hyperventilation syndrome and hyperlipidemia. He was admitted to the Jesse Brown V.A. Medical Hospital in Chicago several times leading up to his last admission in December 2007. When…

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$2.51 Million Jury Verdict for Negligent Cardiology Care and Wrongful Death

Robert Dardenne experienced chest pain. With that symptom he went to a nearby hospital emergency department where the cardiologist on his case, Dr. Vibhuti Singh, ordered testing and observation at the hospital. After two days, Dr. Singh discharged Dardenne, telling him that his symptoms were not cardiac in nature. Several…

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The Timing of Giving Antibiotics Proved to be Critical in Sepsis Diagnosis and Treatment

According to a report in Modern Healthcare, the University of Colorado Health and its flagship hospital, University of Colorado Hospital, reduced the sepsis mortality rate by 15% in less than one year. In 2016, about 10% of patients with sepsis died from it. At the University of Colorado Hospital, officials…

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Federal District Court Rules that Injured Plaintiffs Treating Physician Was Not a Retained Expert and Did Not Have to Comply With Rule 26(a)(2)

During the discovery process in the case of Toni M. Morrison’s personal-injury lawsuit against Walmart, the company argued that she had to provide a written report from her treating physician, Dr. Daniel Mulconrey, under Federal Rule of Civil Procedure 26(a)(2)(B). The court stated that the report was required because Morrison…

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U.S. Supreme Court Prevents Out-of-State Resident Plaintiffs from Joining Pharmaceutical Defect (Plavix) Lawsuit

The U.S. Supreme Court has prevented 592 nonresidents from joining 86 California residents in suing Bristol-Myers Squibb in California state court for personal injury allegedly caused by Plavix, a blood thinner. At the state level, the California Supreme Court concluded that the Due Process Clause of the 14th Amendment did…

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Cook County Jury Sides with Hospital in Misdiagnosed Brain Aneurysm Medical Malpractice/ Wrongful Death Case

Rebecca Gaither was transported by ambulance to West Suburban Hospital in Oak Park, Ill., on Nov. 27, 2012 with complaints of rear lower head pain and vision loss in her right eye. At the emergency room, she complained of a sudden onset of neck pain with an immediate episode of…

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$100,000 Cook County Jury Verdict for Late Diagnosis of Infection

Russell Kazda, 50, developed a splinter wound in his right pinky finger. A hand specialist, Dr. James Schlenker, performed a surgical procedure to remove the splinter. In doing so, Dr. Schlenker opened Kazda’s palm to examine his tendon. About a week after this procedure, Kazda returned to Dr. Schlenker and…

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$2 Million Jury Verdict for Injured Patient Caused by Misplacement of Surgical Mesh

Lynne Niemynski, 63, suffered from stress incontinence. She saw Dr. Arthur Thorpe Jr. a gynecologist, who recommended a transobturator urethral sling to improve her condition. She underwent this procedure. However, for the next nine months, she complained of worsening symptoms, including bladder spasms, discharge and bleeding. Even with application of…

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$8 Million Jury Verdict: Patient Left with Left-Sided Paralysis and Cognitive Difficulties Caused by Discontinuation of Blood Thinner

Graciela Gomez McCallum was diagnosed as having cardiomyopathy and atrial fibrillation for which she was prescribed Coumadin therapy and placed with an implantable cardioverter defibrillator (ICD). She was in her mid-70s when she consulted with a cardiac electrophysiologist, Dr. Peter Garcia, and cardiologist Dr. Jose Marquez, who managed her cardiac…

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