Articles Posted in Hospital Errors

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The Illinois Supreme Court has decided an appeal as to whether or not res judicata in a refiled medical-malpractice complaint barred its refiling. In the underlying case, Brandon and Daphne Wilson claimed that Edward Hospital in Naperville, Ill., was liable for the negligence of doctors under the theory of actual and apparent agency.

The hospital was granted a summary judgment order on the actual-agent allegations and the Wilsons voluntarily dismissed their complaint, but refiled it within one year. Edward Hospital then moved to dismiss the case based on res judicata, which essentially means that the issue has already been finally adjudicated by the court.

Under the Supreme Court decision in Hudson v. City of Chicago, 228 Ill.2d 468 (2008) and Rein v. David A. Noyes & Co., 172 Ill.2d 325 (1996), res judicata bars a refiled lawsuit when:

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In June 2006, Josh Tunca was a surgeon at Northwest Community Hospital specializing in gynecologic oncology. While in surgery, Dr. Tunca removed an ovarian tumor. Later, the patient lost the pulse in her left leg due to a clog in her femoral artery.

Dr. Thomas Painter, a vascular surgeon, was called in to perform a femoral-bypass surgery to restore blood flow. According to the record, Dr. Painter approached Dr. John McGillan, the hospital’s vice president and medical affairs director, telling him that Dr. Tunca had cut the patient’s iliac artery.

Dr. Painter also told other doctors that Dr. Tunca had negligently severed the patient’s artery. None of these doctors were on a peer review committee for the hospital.

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The Illinois Good Samaritan Act (745 ILCS 49/25 (West 2010)) states that a medical professional who, in good faith, “provides emergency care without fee to a person” should be immune from civil damages except in the case of willful or wanton misconduct. Immunity from suit was the position taken by Dr. Michael Murphy because his patient, who claimed he was injured by Murphy’s negligence, never got billed for the doctor’s emergency room services at Provena St. Mary’s Hospital. Dr. Murphy argued that he should be immune from liability for negligence after the patient filed a lawsuit against him.

The First District Appellate Court rejected that argument under the Illinois Good Samaritan Act because it found there was a genuine issue of material fact as to whether or not the doctor acted in “good faith” and found that since the doctor was compensated the act did not apply.

“Nowhere in the legislative history of the act is it ever stated that the intent of the act was to immunize emergency room physicians who are paid for their time,” Justice Stuart Palmer wrote in the court’s opinion.

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Lillie Teague, 74, underwent an angiogram, which is an x-ray exam that uses a dye and camera to look at the blood flow in an artery or vein. Many angiograms are used to examine the arteries near the heart, lungs, brain and the aorta. The procedure requires the use of a thin tube called a catheter placed into a blood vessel in the femoral artery at the groin. The purpose for the angiogram is to find a bulge in a blood vessel or the narrowing or blockage in a blood vessel.

In this case, Ms. Teague began bleeding from the place where the catheter was inserted; at the entry site of the femoral artery. Bleeding at the femoral artery is a known complication for an angiogram, which was done here.

The defendant nurse was alleged to have chosen not to properly and appropriately respond to the need to control the bleeding for up to 30 minutes. This caused massive blood loss. It was alleged in the plaintiff’s complaint that because of the loss of blood, Ms. Teague consequently suffered a stroke.

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On June 12, 2006, 35-year-old Tracy Ariss underwent an echo-cardiogram stress test at LaGrange Memorial Hospital after a workup for carpal tunnel pain in her arms was found to be inconclusive. Less than 3 minutes into the stress test, Tracy suffered a myocardial infarction — a heart attack. She was immediately taken off the treadmill and treated with nitroglycerin, aspirin and other medicine.

The defendant Rod Serry, M.D., an interventional cardiologist, was called from the cath lab. Even though Tracy did not believe that she was pregnant, Dr. Serry ordered a pregnancy test. Tracy was about 2 ½ weeks pregnant. Her pregnancy complicated her medical treatment in that Dr. Serry did not know any other cardiologists who had performed a cardiac intervention on a pregnant woman after suffering a heart attack.
Dr. Serry called an obstetrician seeking help as to the proper course of treatment. The obstetrician told Dr. Serry that he should make medical choices for the mother as the primary concern. At the trial, Dr. Serry testified that the OB also stressed to him not to prescribe anticoagulants or other medicine long-term during pregnancy. However, this was not noted in the medical chart.

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A new study shows that shoulder dislocation in older patients is more likely to be overlooked or misdiagnosed than among younger patients. The study warned that older patients whose shoulder injuries are not treated can face years of persistent pain and disability.

Published in the October 2012 issue of the Journal of the American Academy of Orthopaedic Surgeons, the study examines the differences in dislocation injuries between older and younger patients. It also suggests an approach to evaluate older patients that could help improve diagnosis and management of related injuries.

The study’s lead author is Dr. Anand Murthi. He says understanding the very different ways shoulder dislocation can affect patients over 40 years of age is the first step in making an accurate diagnosis of dislocation-related injuries. Older patients are more likely to experience injury to the rotator cuff, which is the group of tendons, ligaments and other structures that help give the shoulder its range of motion, Dr. Murthi explained. He said this happens because the rotator cuff tissue becomes weaker and more brittle with aging and tears more easily.

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When we undergo surgery, we cannot think, breathe, make decisions and advocate for ourselves. We depend on the experts — doctors and nurses — who oversee the surgery to do what’s best for us.

Trouble is, that does not always happen. Take the case of Sophia Savage. One night she felt a crushing pain in her abdomen, and she started vomiting. She went to a local emergency room and was admitted to a hospital. Her doctor discovered a medical sponge left over from the surgery when she had a hysterectomy. And how long had the sponge been in her body? Four years.

She sued the hospital in which the hysterectomy had taken place, and in 2009 she won $2.5 million in damages. But the award has been appealed. Meanwhile, she suffers from severe bowel problems and has been unable to work. She reports bouts of from anxiety and depression.

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A consortium of 55 hospitals in the New York region has launched a campaign to aggressively identify sepsis for early treatment. Hospital administrators say the campaign is needed because sepsis, a leading cause of death in hospitals, can at first look like less serious ailments.

The new campaign was recently highlighted in a story published by the New York Times. The Times story focused on Rory Staunton, 12, who suffered what seemed like a minor cut on his arm while diving for a basketball during a gym class. The P.E. director at his school applied Band-aids to the cut, and Rory went about his normal routine. That night, he told his parents about the incident in the gym, did his homework and went to bed.

The next day, he started vomiting, spiked a high fever and reported pain in his leg. His parents brought him to a pediatrician, who referred him to the emergency room at NYU Langone Medical Center, where he was treated for upset stomach and dehydration. Doctors prescribed fluids and Tylenol and sent the boy home.

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It would seem to be a logical condition of surgery that surgeons first shave areas where the incision would be made. Many surgeons believe it is important to remove anything that would obstruct the place where the surgery takes place. Still other surgeons believe that shaving the area of the surgical entry spot will eliminate bacteria that can attach to hair.
In a recent article in the health section in the New York Times, it was pointed out that research now shows that shaving a patient’s skin before the surgery may actually raise the risk of infection.
According to the Centers for Disease Control and Prevention (CDC), surgical site infections have become a leading cause of complications among hospital patients. This would account for one of five of health-care associated infections. Thousands of deaths are associated with surgical site infections.

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Physicians should be aware that patients can use their smart phones or other electronic devices to tape alleged malpractice or negligence and introduce this evidence at trial. The presiding judge will determine whether the videotape may be presented.

Videotape, audiotape, and/or photographs can be introduced at trial if a proper foundation is laid and the subject matter is relevant, according to Robert Kreisman, JD, medical malpractice and personal injury attorney with Kreisman Law Offices in Chicago.
Kreisman was quoted in a recent issue of ED Legal Letter.

“To inform the jury, videotape could be introduced to give time and place. On the other hand, it depends on the quality of the videotape and what it depicts,” says Kreisman.

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