Articles Posted in Medical Malpractice

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Michael Mals, 57, underwent a hip replacement at Lutheran General Hospital on Aug. 14, 2008.  He was given Coumadin, a blood thinner, to prevent deep vein thrombosis (DVT).  Three days later he was transferred to a nursing home for rehab where his INR (international normalized ratio) became supratherateutic and Coumadin was discontinued.  In other words, his blood became too thin for his well-being. 

Mals was readmitted to Lutheran General Hospital on Aug. 28, 2008 with an elevated INR level, suspected internal bleeding and an elevated white blood count. He was diagnosed with a bleed within the left iliacus muscle and bilateral DVTs.  He was restarted on Coumadin, and he returned to the nursing home on Sept. 2.

On Sept. 11, 2008, Mals was readmitted to Lutheran General with elevated INR and anemia, placed on Lovenox anticoagulant therapy and sent back to the rehab facility.

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A Will County, Ill., jury entered a $1,066,000 verdict against an orthopedic surgeon, David Burt, M.D.  Virginia Faletti, 82, underwent endoscopic carpal tunnel release surgery on her right wrist at Edward Hospital.  The surgery was done to relieve pressure on the median nerve because of crowding within the carpal tunnel of the wrist. 

Dr. Burt, however, cut the median nerve during the surgery.  After the procedure, Faletti felt pain and numbness in the right hand and wrist, but Dr. Burt chose not to recognize that he had cut the median nerve.  Instead, Dr. Burt prescribed medicine for the nerve pain as well as a brace and physical therapy, which did not resolve Faletti’s symptoms. 

Later, Faletti sought a second opinion and was eventually diagnosed with a transected median nerve by a neurosurgeon.  The neurosurgeon then referred her to a plastic reconstructive surgeon who performed nerve repair surgery. During this procedure, the doctor noted the right median nerve had been completely transected except for one nerve fiber. 

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An 11-year-old lawsuit finally came to an end in St. Clair County, Ill., when the jury entered a $1 million verdict for the medical malpractice-wrongful death of 71-year-old Margaret Janet Brown.  The case stemmed from  a 2002 coronary artery bypass surgery that failed.

In this case, the wrongful death-medical malpractice lawsuit was filed against a Bellville, Ill., anesthesiologist.  The doctor named as a defendant was Daniel P. Gillen of St. Clair Hospital Anesthesia.  St. Elizabeth’s Hospital was also named as a defendant in the case, which was filed in 2003.

The lawsuit alleged negligence causing the death of Brown.  According to the complaint, Dr. Gillen chose not to first obtain a consent to use a Swan-Ganz catheter during the coronary artery bypass surgery.  The Swan-Ganz catheter is used in surgery to measure a patient’s blood flow output. The lawsuit also claimed that the anesthesiologist chose not to properly monitor the catherization during Brown’s surgery.

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Andrew Hanson, 49, was injured at his job.  He went in to see his family practice physician, Dr. Ronald Davis, who diagnosed a crushed injury to his chest.  Hanson then underwent a work-up, which showed a left chest contusion.

The next day, Hanson experienced other symptoms, including shortness of breath.  Dr. Davis told Hanson that his injury would take time to heal. Two days later, Hanson met with Dr. Davis; Hanson was suffering from extreme hypotension (low blood pressure) among other symptoms.  Dr. Davis referred Hanson for a CT scan, and he was then diagnosed as having a heart attack.

He is now totally disabled and unable to continue his job as a truck driver; until his injury and illness, he was earning about $50,000 a year.

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Thomas Jackson, 57, underwent a hernia repair surgery by a general surgeon, the defendant, Dr. Kenneth Goldman.  Hours after the surgery, Jackson complained of severe stomach pain.  His condition deteriorated overnight;  the next morning Jackson developed a fever and a rapid pulse.

The hospital staff noted a decrease in urine output and an elevated white blood cell count, a sign of possible infectious process. The next day Jackson went into organ failure.

Jackson was later diagnosed as having an infection resulting in an intestinal perforation. He then went into surgery to repair the perforation, but spent six months in intensive care, where he developed severe pressure sores.

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Tony Love, 13, came through the emergency department at Ingalls Memorial Hospital complaining of left knee pain and a fever on Sept. 23, 2007.  He was diagnosed with a quadriceps strain and was sent home. 

The next morning, Sept. 24, 2007, Love was seen by the defendant physician, Dr. Arun Shah at Harvey Health Center for complaints of continuing knee pain, but his temperature was normal. 

Dr. Shah diagnosed Love as having a sprained knee.  Three days later on Sept. 27, 2007, Love was taken to South Suburban Hospital with a high fever, severe knee pain and inability to walk. The lab work there showed an elevated white blood count and elevated liver enzymes as well as a blood culture that revealed methicillin resistant staphylococcus aureus (MRSA) in the knee.

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A confidential settlement was reached wherein a 63-year-old woman’s misdiagnosed lung cancer led to her untimely death. The woman, identified only as Doe, underwent a CT scan while she was hospitalized. This showed a lung lesion that the interpreting radiologist reported as possible cancer. A hospitalist reported these findings to Doe’s primary care physician. 

The primary care physician referred Doe to a pulmonologist but did not tell her that cancer was suspected.  The hospital sent Doe’s CT scan to the pulmonologist, who reported to the primary care physician that part of the scan was missing. The primary care physician allegedly said that he would provide the missing film. However, there was no followup. The pulmonologist also chose not tell Doe that cancer was suspected when the two subsequently met.

Five years later, Doe developed shortness of breath and other ominous symptoms. Doe was diagnosed with having Stage IV lung cancer; she died two months later. Doe was survived by her husband and two adult children. Doe’s husband filed a lawsuit against the primary care physician and the pulmonologist claiming that these defendants chose not to follow up on the radiologist’s suspicion of lung cancer. The lawsuit did not claim any lost income.

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It is estimated that 250,000 people die each year in the United States as a result of medical malpractice according to the U.S. Department of Health and Human Services.  Approximately 80,000 Medicare patients suffer preventable adverse events that contribute to their deaths; as many as half of those deaths are due to emergency room errors. 

In 2003, the nonpartisan Congressional Budget Office stated that “181,000 severe injuries (attributable to medical negligence) occurred in U.S. hospitals [,]”.  These numbers show that medical malpractice deaths have worsened during the past ten years. Despite this increase, state governments and legislatures have tried to impede the amount of money recoverable to injured or killed persons and/or their families as the result of medical malpractice. 

For example, in Missouri, where I have been a member of the bar since 1976, nearly 1/3 of medical malpractice cases involve surgery in some way. The next largest percentage of medical errors reported there is 18.7% for misdiagnosis leading to severe injury or death followed by 13.2% involving falls or injuries during transport of patients. 

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South Korean immigrant Young Bahng, 60, was admitted to the University of Chicago Hospital on April 18, 2006. He was there to undergo a live-donor liver transplant from his son. Bahng was self-employed in the conveyor system business. He was suffering from end stage liver disease as a result of having hepatitis B since 1990. 

On April 19, 2006 in the early morning hours, Bahng fell in his hospital room while attempting to walk to the urinal. He struck his head in the fall and sustained a massive subdural hematoma and intracranial bleed, which required immediate surgery.

By the time the surgery was under way, Bahng had sustained profound brain damage and was placed on life support immediately following a craniectomy. He died as a result of his brain trauma on April 25, 2006 and was survived by his wife and children.

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A Cook County jury has decided that Northwestern Memorial Hospital was not negligent after a back surgery on 83-year-old JoAnn Smith went wrong. 

On Aug. 5, 2010, Smith underwent an L4-5 microendoscopic foraminotomy and discectomy at Northwestern Memorial Hospital for management of her back pain. After the surgery, she was diagnosed with multiple deep vein thromboses, pulmonary embolism and a blood clot in her right internal jugular vein. Heparin was given to help with the clotting issue.

On Aug. 8, 2010, Smith developed abnormal neurological signs and symptoms. An MRI revealed internal bleeding and cord compression in the cervical, thoracic and lumbar spine. An emergency decompression surgery was done.

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