Articles Posted in Medical Malpractice

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Business owner Kevin Orr, 42, went to a hospital emergency room complaining of dizziness, headache and inability to stand. A CT scan, interpreted by the radiologist and defendant, Dr. James Bell, showed blockage of blood vessels supplying blood to Orr’s brain. However, this was not reported by the physician’s assistant who ordered the scan.

Dr. Bell concluded that the CT scan was normal and showed only sinusitis. Orr was diagnosed as having a sinus infection and was then discharged.

Orr returned to his primary care physician’s office in the next two weeks and reported vomiting and headaches. The physician’s assistant again diagnosed sinusitis. Three weeks after Orr’s emergency room visit, he suffered a massive stroke resulting in permanent disability, including impaired gait, facial pain and tingling, and arm and leg numbness.

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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. However, Dr. Roe was unable to remove the mass during the surgery.

As a result of a failure to remove the tumor, the patient suffered vision loss and balance problems after the procedure. He died of unrelated causes 22 months later.

His family sued Dr. Roe and the clinic where Dr. Roe worked, claiming that Dr. Roe chose not to follow an accepted approach in the surgery to remove the tumor.

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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 lawsuit contended that the medical malpractice occurred in November 2007 when a doctor “failed to order appropriate diagnostic testing,” which would have revealed that Prusak’s symptoms were caused by cancer.

Section 13-212(a) sets out a two-year statute of limitations for medical-malpractice claims and ends by declaring: “But in no event shall such action be brought more than 4 years after the date on which the act or omission or occurrence alleged in such action to have been the cause of such injury or death.”

The lawsuit for medical malpractice was filed in August 2011 within the two-year statute of limitations so the case would continue. Utilizing the relation-back statute (Section 2-616(b)), the Prusak family argued that the complaint saved the wrongful-death claim from the statute of repose.

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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 the case. It was alleged that Dr. Rama Jager misdiagnosed Prusak’s macular pathology and that this misdiagnosis led to the defendants’ choosing to not recognize nervous system lymphoma.

The first count alleged negligence against the University of Chicago defendants and asserted that Dr. Jager was an agent or apparent agent of the University of Chicago defendants.  The second count of the complaint made the same allegations with respect to Advocate defendants and the Christ Hospital defendants.

Prusak died on Nov. 24, 2013 after the expiration of the four-year statute of repose. On March 11, 2014, the trial court granted Prusak’s daughter, Sheri Lawler, leave to file an amended complaint, substituting herself as party plaintiff and as the executor of Prusak’s estate.

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In November 2008, Anil R. Shah, a medical doctor who practices facial surgery and otolaryngology, performed several outpatient plastic surgery procedures for Daniel Green in the doctor’s Schaumburg, Ill., office. The procedures did not require general anesthesia and were performed under local anesthetic in Dr. Shah’s outpatient office.

Although Green was not given a general anesthetic, Dr. Shah gave him both Valium and Phenergan, medications designed to sedate a patient as well as prevent nausea.

Dr. Shah testified at trial that Green was lucid and talking throughout the operation. Dr. Shah also said Green was aware and able to understand instructions.

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Curtis Cole, 58, underwent a chest X-ray when he reported respiratory symptoms to his physician. A radiologist, Dr. Mike Mantinaos, interpreted the X-ray as showing no nodular abnormalities.

About 3 years later however, Cole experienced pain, prompting him to request a chest and abdominal CT scan. The CT scan revealed a mass on his right lung as well as several in his liver, which were determined to be malignant.

Cole died of cancer two years later and was survived by his wife and adult son. He had been a senior application specialist in a metal manufacturing company earning $35,000 per year.

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A Cook County jury entered a $351,000 jury verdict for 14-year-old Arkadiusz Sztuk who arrived at the emergency room at Lutheran General Hospital in Park Ridge, Ill., with complaints of lower left abdominal pain. He was examined and treated by the defendant pediatric emergency room physician, Dr. Jagvir Singh.

In the medical negligence lawsuit filed on his behalf, it was alleged that the defendants, including Advocate Health & Hospital Corp. d/b/a as Advocate Lutheran General Hospital and Dr. Singh, were negligent in choosing not to diagnose left-sided testicular torsion, choosing not to perform a testicular examination to rule out torsion and failing to surgically prophylactically fix or fasten the right testicle or the right-sided torsion.

Testicular torsion takes place when a testicle rotates twisting the spermatic cord that brings blood to the scrotum. With the reduced blood flow, the results of the torsion can be very painful and cause swelling. Testicular torsion most commonly occurs to boys between the ages of 12 and 16. In most cases, testicular torsion requires emergency surgery. If treated quickly, the testicle can be saved. However, if the blood flow has been cut off for a long period of time, the testicle may be so badly damaged as to require its removal.

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In a tragic medical malpractice case, Jeanette Turner, who was just 42 years old, suffered permanent brain damage at Mercy Hospital and Medical Center in 2006. It was alleged in the Cook County lawsuit that several doctors chose not to monitor and maintain her tracheotomy tube, which caused her injury after a blood clot lodged inside her tube cutting off her air supply.

This all started when Turner visited Mercy Hospital in February 2005 looking for treatment for a soft tissue infection in her jaw and neck. The infection caused Turner’s throat to swell so physicians surgically installed a tracheotomy tube to allow her to breathe.

Before the tracheotomy procedure, she had undergone another surgery to receive a heart valve replacement. Because of that heart surgery she had been prescribed anticoagulant Coumadin, which she would have to take for the rest of her life.

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Jeannette Collins, 46, complained of abdominal pain, vomiting and nausea. She underwent testing, including a CT scan, at a hospital emergency room. The scan revealed a small bowel obstruction.

General surgeons Dr. Ahmad Nuriddin and Dr. Manohar Nallathambi performed surgery on Collins during which they identified a purported gastric outlet obstruction. Because of that blockage, a second procedure was done, which severed a nerve to reduce the reduction of acid. As a consequence of the surgery gone bad, Collins developed paralysis of the stomach and intestines. She now requires a diet of pureed foods.

Collins filed a lawsuit against the general surgeons, Drs. Nuriddin and Nallathambi and their practices, claiming they misdiagnosed her as having a gastric outlet obstruction and performed a second surgery without informed consent. Collins also claimed that these defendants should have ordered a preoperative upper endoscopy study, which would have ruled out gastric outlet obstruction.

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Michael Banks was 39 years old when he underwent cervical spine surgery. Right after the surgery, he began to experience fever, chills and coughing. His wife called the office of the treating neurosurgeon, Dr. Shahram Rezaiamiri, and told one of the doctor’s medical assistants about her husband’s symptoms. The Banks family did not hear from the doctor, which prompted another call later that afternoon.

Dr. Rezaiamiri’s medical assistant, Teshara Hall, later returned the call to Banks’s wife and said she would pass along the message to Dr. Rezaiamiri. The doctor never called back.

Early the next morning, Banks suffered a fatal respiratory arrest. The cause of death was determined to be pneumonia resulting from bilateral Alpha Strep. Alpha Strep is also known as alpha hemolysis. This is sometimes referred to as green hemolysis because of the color change in the colony of bacteria. The Alpha Strep or alpha hemolysis is caused by hydrogen peroxide produced by bacteria and often leads to pneumonia.

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