Jennifer, a 25-year-old student, began experiencing severe headaches and visual disturbances. Several days later she went to a hospital emergency room. She told the ER staff she was not prone to headaches and that she was currently taking oral contraception. Jennifer was diagnosed with a complex migraine headache. Several hours later however,…
Chicago Medical Malpractice Attorney Blog
Medical Malpractice Case Shut Down by Plaintiff’s Late Expert Disclosure
Bozena Smith filed a medical negligence complaint against two doctors who were residents in 2006 when she claims she was injured in postsurgical treatment. After the fact discovery was done by each of the parties, and the trial judge entered a deadline of Sept. 13, 2010 for the plaintiff to disclose…
$934,000 Cook County Bench Trial in Failure to Diagnose Rectal Cancer
Joseph Farias, age 29, began treatment with the defendant internist, Yolanda Co, M.D., in February 2002. He came to the doctor with complaints of constipation for three years and rectal bleeding. Dr. Co performed a rectal exam and ordered a colonoscopy, which came back negative. There was no cause determined as to why…
Illinois Jury Verdict for Doctors in Bowel Perforation, Sepsis, Death Case
In November 2006, the defendant surgeon, Dr. Hodgett, performed a laparoscopic biopsy on a 72-year-old woman, Mary Backes. The purpose was to diagnose a suspected lymphoma in her retroperitoneal area, which is behind the abdomen. The biopsy was done at Provena Nursing Medical Center in Aurora, Ill. Another defendant, Dr. Sayeed,…
Cook County Verdict for Physicians in Death Related to Improper Care for Subdural Hematoma
Neal Nuss, age 73, was transported to St. James Hospital in Blue Island, Ill., on Sept. 5, 2006 following an auto accident. Nuss was admitted to the hospital and diagnosed with subdural hematoma; he was evaluated by a neurosurgeon. Over the next three days, doctors determined that the subdural hematoma was…
Illinois Appellate Court Reverses Medical Malpractice Order Under Reimbursement Provision
The Illinois Appellate Court reversed a trial judge’s ruling in a medical malpractice case because the judge ruled that the defendants had no right of reduction on the jury’s verdict. In this case, Charles Perkey, as administrator of the estate of Leanne Perkey (his wife), sued the doctors and…
$215,000 Cook County Jury Verdict for Delayed Diagnosis and Treatment of Hand Infection; Hebel v. Illinois Bone & Joint Institute, LLC
Fifty-year-old Dan Hebel suffered a rope burn while on a fishing trip in August 2004. Eventually he was referred to an orthopedic surgeon, Dr. Craig Williams, at Illinois Bone & Joint Institute in Morton Grove.He first complained of an infectious process in his hand on August 23, 2004.One week…
Illinois Appellate Court Reverses Medical Malpractice Defense Verdict for Erroneous Rulings Regarding the Scope of Cross-Examination
The Illinois Appellate Court for the Fourth District reversed a jury’s verdict for defendants, which included OSF Healthcare System, in the Circuit Court of McLean County. The case centered around an injury and subsequent death of a 3-year-old boy, Christian Rivera, in 2003. The jury trial was held in July…
Medical Malpractice Lawsuits Do Not Have Harmful Effects on Patient Safety
In a May 16, 2013 New York Times opinion page editorial, written by assistant professor of law at the University of California, Los Angeles, Joanna C. Schwartz, discussed the Affordable Care Act in relation to medical malpractice lawsuits. The article was titled, “Learning from Litigation.” The thrust of the article is…
Illinois Appellate Court Holds Expert Witness Meets Qualifications; Bonner v. Ostro
Joyce Bonner was injured in a fall and lost four of her front teeth.She received treatment from dentist Dr. Elliott Ostro to repair the damage.Ostro recommended four implants to replace the teeth.However, Ostro did not take x-rays or make molds of Bonner’s mouth before starting his work. More than a…