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Chicago Medical Malpractice Attorney Blog

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U.S. Court of Appeals Affirms $2.1 Million Judgment in Metal-on-Metal Hip Replacement Case

This case concerned the first of over 500 cases regarding the Wright Medical Conserve “metal-on-metal” hip replacement device designed and manufactured by the defendant. The plaintiff filed a products liability suit alleging, among other things, that the defendant was liable for design defects based on strict liability and negligence. On…

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Illinois Appellate Court Rules that Affidavit of Merit Required for Athletic Trainer’s Negligence

The Illinois Appellate Court has ruled that the guardians of a seriously injured student football player must include a supporting statement from a health care professional to proceed with the case. The guardians had claimed in a lawsuit that a physical and sports-injury therapist provided improper care that caused or…

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$29 Million Jury Verdict for Misdiagnosed Neurological Disorder that Caused Catastrophic Brain Damage and Paralysis

A  Springfield, Mo., jury signed a verdict for $28.9 million for a 24-year-old woman who sustained a devastating brain injury caused by a rare copper disorder. The lawsuit, brought in Greene County, Mo., claimed that a local hospital’s medical staff chose not to correctly diagnose and treat Emilee Williams’ symptoms. In fact,…

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Cook County Jury Finds in Favor of Hospital in Death of Patient in Colon Surgery

Helen Manfredi, 85, underwent right colectomy surgery at Loyola University Hospital because of her colon cancer. She also had a large pre-existing hiatal hernia that was asymptomatic. During the colectomy surgery, the surgeon decided to reduce the stomach organ, but the hernia was not repaired. Four days after the colectomy…

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State Supreme Court Reverses Summary Judgment in Favor of Medical Provider Regarding Expert Medical Witness

Betty Collins appealed from a summary judgment that was entered in favor of the defendants Ricardo Herring D.C. and Herring Chiropractic Center LLC. She filed a lawsuit for damages alleging medical malpractice with respect to the treatment of her knee, shoulder and back pain. Collins’s knee was treated with a…

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State Supreme Court Holds that “But For” Test is the Standard for Loss of Chance in Medical Malpractice Cases

This case involved a medical malpractice action for a lost chance. The parties jointly sought direct discretionary review under Washington law, RAP 2.3(b)(4), challenging two pretrial rulings: (1) whether a court should use a “but for” or “substantial factor” standard of causation in loss of chance cases; and (2) whether…

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Illinois Courts Bar Retained Medical Experts Who Work at Same Medical Entity as Treating Physician

In the recent Illinois Appellate Court decision of McChristian v. Brink, it was held that the defendant’s attorney, representing a podiatrist and the podiatry clinic, was not prohibited from calling a controlled expert (Ill. S. Ct. Rule 213 (f)(3)) podiatrist to testify at trial when this expert was also one…

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Federal Patient Safety and Quality Improvement Act Does Not Preempt State Law on Patients’ Right to Access Medical Records

In an important constitutional issue in this medical negligence and medical records case, the dispute was whether patients in the state of Florida have the right to access records under the Florida Constitution and its Amendment 7, specifically records relating to “adverse medical incidents.” These records are considered privileged and…

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State Supreme Court Reverses for Family of Patient Who Died After Complications from Da Vinci Robotic Surgical System

In this case, a manufacturer, Intuitive Surgical Inc., sold a surgical device, the robotic surgical system, to a hospital, Harrison Medical Center, which credentialed some of its physicians to perform surgery with the device. The surgical device is a robotic surgery tool called the “da Vinci System.” At the trial,…

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$3.9 Million Verdict in Medical Malpractice Case for Failure to Monitor Procedure

George Hand, 63, developed incontinence and a swollen prostate. He consulted with urologist Dr. Gilbert Gonzalez who suggested using transurethral microwave therapy to heat up the prostate and cause it to shrink. During the transurethral microwave therapy procedure, Dr. Gonzalez placed the transurethral device and then left the room. The…

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