The plaintiff Saleh Mizyed appealed from the trial judge’s order granting summary judgment, which dismissed his medical malpractice complaint against the defendant Palos Community Hospital. The hospital was named as a party defendant under the theory of vicarious liability for the alleged negligence of Mizyed’s treating physicians. The Illinois Appellate…
Chicago Medical Malpractice Attorney Blog
$6.9 Million Jury Verdict for the Medical Malpractice in the Late Diagnosis of Breast Cancer
Leanna Loud was 39 years old when she underwent a digital mammogram. The radiologist and defendant, Dr. Jeffrey Short, an employee of Charleston Radiologists, read the mammogram as showing dystrophic calcifications in the right breast; this was not present on an earlier mammogram. Dr. Short characterized the calcifications as benign…
$450,000 Confidential Settlement for Negligent Handling of Surgery to Remove Benign Brain Tumor
A man with impaired cardiac, respiratory and cognitive function was diagnosed as having a benign brain tumor. This was a tumor that — in most cases — could have been safely removed by a neurosurgeon. A neurosurgeon, known here only as Dr. Roe, performed the surgery to extract the tumor.…
$6.3 Million Jury Verdict in the Death of a Patient Who Died After a Physician Chose Not To Refer the Patient to a Cardiologist
Dwayne Kantorowski underwent surgery to treat a brain tumor. He was just 45 years old, but he later experienced stroke-like symptoms. He promptly went to a hospital emergency room where he underwent an EKG. Although the test showed abnormalities, the attending emergency physician did not order additional blood tests or…
Illinois Appellate Court Reverses Dismissal of Lawsuit Alleging Wrongful Death and Medical Malpractice
The family of Jill Prusak brought a medical malpractice lawsuit against a doctor and two hospitals. Prusak died in November 2013. The lawsuit brought by Sheri Lawler on behalf of the family of Jill Prusak was filed in April 2014 within the two-year statute of limitations for a wrongful-death case. The…
U.S. District Court Rules on Nonparty Depositions
In this case before the U.S. District Court for the Northern District of Illinois, the Federal Rules of Civil Procedure were examined closely with respect to a subpoenaed nonparty deposition. The court stated that nonparties will be protected by undue burden and that, in weighing requests to depose nonparties, courts…
Jury Finds in Favor of Doctor and Hospital Where Patient Dies of Heart Attack One Day after Discharge
Janice Bishop presented to the emergency department at Graham Hospital in Canton, Ill., with complaints of chest pain on July 19, 2010. The emergency room physician ordered an EKG, which demonstrated non-specific T-wave changes compared to a prior 2007 EKG. Multiple nitroglycerine injections and one Lovenox injection were administered to…
U.S. District Court Orders Disclosure by Plaintiffs’ Counsel of Pre-deposition Contacts
In Illinois it is well-settled law that prohibits defendants and their lawyers from communicating with treating physicians without the consent of the patient. In this case, plaintiffs sued five pharmaceutical companies in federal court where it was claimed they were injured by testosterone-replacement products. In this multidistrict litigation case, one…
Illinois Appellate Courts Considers Three Statutes Including that of the Medical Malpractice Statute of Repose and the Illinois Wrongful Death Act
On Aug. 4, 2011, Jill Prusak filed a medical malpractice case within both the two-year statute of limitation and four-year statute of repose under Section 13-212(a). The lawsuit contained a two-count complaint against the defendants, University of Chicago Medical Center and other medical providers who have since been dismissed from…
$435,000 Jury Verdict for Negligent Insertion of IV
Angelica Heavner, 41, went to the hospital emergency room for treatment of jaw and head pain. A hospital employee placed an IV into Heavner’s metacarpal vein on her right hand. The insertion of the IV caused her to develop a blister at that site, plus burning and stinging pain. The…