Articles Posted in Psychiatry Negligence

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The Illinois Appellate Court affirmed a Cook County jury verdict of $5 million for a suicide that occurred at Advocate Health and Hospital Corp. The decedent, Bozena Binkowski, sued Advocate Health in Cook County Circuit Court in Chicago, alleging medical negligence and wrongful death related to the death of her husband, Philip Cirrano, who died by suicide in 2015.

Binkowski alleged that her husband, who suffered from anxiety, depression and bipolar disorder, was improperly discharged from Advocate Good Samaritan Hospital’s psychiatric unit 52 days after his admission. He was admitted to the hospital because he had made a December 2014 unsuccessful suicide attempt.

In January 2015, he was transferred to an independent living facility without any psychiatric staff. It was there, in February 2015, that he took his own life. The Cook County jury returned a verdict for $5 million in favor of Binkowski and the estate.
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Nicholas Carusillo, 29, had a history of bipolar affective disorder, manic depression and substance abuse. After experiencing signs of mania and behavioral outbursts, he was admitted to an inpatient psychiatric unit. His medication, including Seroquel and lithium, were increased until his condition stabilized.

He was then discharged to Metro Atlanta Recovery Residences Inc. At the facility, Dr. Richard Waldman evaluated Carusillo and discontinued the lithium in addition to lowering the Seroquel dosage.

Carusillo’s longtime mental health provider was in contact with a Metro Atlanta staff member and explained that it was imperative for Carusillo to receive his medications. Nevertheless, Dr. Waldman lowered the Seroquel dosage once again.
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David Scheer, the father of Matthew Scheer, drove his son to the emergency room at Grand Strand Regional Medical Center because David noticed that his son had added some disturbing posts on social media. Matthew was 26 at the time. He was also suffering from auditory and visual hallucinations. Matthew was diagnosed as having suffered a break from reality and was admitted to the hospital when he arrived.

As an inpatient, Matthew was seen by two hospitalists. While at this facility, Matthew became agitated, accused the nurses of being devil worshippers, and told staff that he wished to leave the facility.

The second attending hospitalist did not contact David Scheer, Matthew’s father, about his son’s intentions. He allowed Matthew to leave the hospital against medical advice during an Atlantic coast hurricane. Matthew disappeared and reportedly drowned in the Atlantic Ocean. His death certificate listed his death as a suicide. He is survived by his parents and sibling.
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Michelle Phibbs, 29, had a history of mental illness. She was admitted to Heartland Behavioral Healthcare, a state-run psychiatric hospital, for an inpatient stay after experiencing difficulty following the death of a close family friend.

A psychiatrist diagnosed bipolar disorder, borderline personality disorder, and alcohol abuse, among other problems, and prescribed Ativan, Geodon and Thorazine.

One morning, after Phibbs was released from restraints, a nurse noted that she had forced breathing and was gasping. In the next hour, the facility’s staff checked on Phibbs three times until a nurse found her unresponsive.
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A 16-year-old girl was incarcerated at a county juvenile detention center.She had a history of chronic depression and other mental health issues, was noted to be irritable and at risk for self-injurious behavior and suicide.

During her approximately two-month stay, this young woman was placed on suicide watch many times. Medications included Abilify, which was prescribed to help with her mood and anxiety.

This detainee experienced chest pains and increased anxiety. She asked the probation officer if she could see a mental health expert. The next day she complained to a physician that the Abilify was not working and that she was experiencing panic attacks. The doctor referred the young woman to a psychiatrist. Several hours later however, the woman barricaded herself in her room and hanged herself with a bedsheet. She is survived by her parents.

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Gregory Cotter was 42 years old and had a history of alcoholism and mental health problems. He was also diagnosed as having bipolar disorder. He had attempted suicide.

After attempting suicide, Cotter was admitted to St. Francis Hospital where Dr. Sadaf Ahsan, the former director of the psychiatry department, treated him. After a 5-day period, Cotter was released to the custody of a friend.

Cotter disappeared one day later. His body was found with deep stab wounds, and his death was ruled suicide. Cotter, who had been earning about $40,000 a year as a painter, was survived by his wife.

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John Dux was alleged to have committed suicide because of a medical-malpractice incident at the Hines Veterans Administration Hospital in Maywood, Ill. The lawsuit brought by his daughter was filed against the United States government under the Federal Tort Claims Act, which included a claim for wrongful death.

The parties filed cross-motions for summary judgment. The U.S. district judge who considered the case had to decide whether Illinois precedent on proximate causation blocked the wrongful-death claim.

With two exceptions, Illinois follows the traditional rule that “a plaintiff may not recover for a decedent’s suicide following a tortious act because suicide is an independent intervening event that the tortfeasor cannot be expected to foresee.” Luss v. Village of Forest Park, 377 Ill.App.3d 318 (2007).

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Joel Burnette was just 40 years old with bipolar disorder and other mental health issues. He underwent a lumbar epidural steroid injection at a pain clinic to combat his back pain. The following week Burnette developed a lump at the epidural injection site. Burnette informed nurses at the pain clinic, and he was told by a nurse that this was not something to be concerned about. Days later, Burnette received a second epidural injection. After that second injection, Burnette developed an epidural abscess, deep tissue infection and MRSA meningitis and was diagnosed as having cauda equina syndrome, which left him with chronic pain, among other problems.

Cauda equina is a condition in which the nerves in the spine are compressed. MRSA meningitis is an uncommon disease that affects the lining around the brain and spinal cord. It can be fatal. MRSA alone is a bacterial infection that if not treated and eradicated by intense antibiotic treatment can be deadly. Burnette unfortunately later committed suicide

Burnette was survived by his parents who sued the anesthesiologist, Kimber Eubanks, M.D. and the pain clinic claiming that all were negligent in choosing not to identify the infection after the first injection and giving a second injection to an infected patient.

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Anthony Imparato Sr. arrived at the University of Chicago’s emergency room on March 27, 2005.  It was the one-year anniversary of his wife’s death. He complained of insomnia for five days, depression and financial ruin because of his gambling debt.

Mr. Imparato was 51 and a Chicago firefighter. He was seen in the emergency department by the defendant physician, Dr. Becker, and a psychiatry resident, Dr. Dakwar. Another emergency medicine resident, Derek Timmermann, also saw Mr. Imparato.

The attending psychiatrist, Dr. Phan, consulted with Dr. Dakwar over the telephone. The doctors quoted Mr. Imparato as stating that death had crossed his mind, that he had hit rock bottom and that he had thoughts of suicide. However, the chart showed many times that Mr. Imparato denied suicidal ideations, an intent or plan.

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