Articles Posted in Surgical Errors

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A 34-year-old patient, Sally Arbogast, underwent a vaginal delivery but experienced sharp abdominal pain and moderate bleeding right afterward.  She had delivered her last child by a Cesarean section. The obstetrician who cared for her performed a manual exploration and curettage procedure to rule out uterine scar rupture and later diagnosed uterine atony — a loss of tone in the muscles in the uterus.  It has been noted that 90% of all postpartum bleedings are associated with uterine atony, which is the failure of the uterine muscles to contract normally after the baby and placenta are delivered.

For an hour and a half, Arbogast remained hypotensive and tachycardic. Her blood work showed lower hemoglobin and hematocrit levels compared to before the baby was born.

While the doctors were looking into the patient’s hypotension, she coded.  After resuscitation measures and a blood transfusion, Arbogast received multiple units of packed blood cells and fresh frozen plasma over the next five hours.

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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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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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In November 2008, 26-year-old Heather Hinshaw underwent gallbladder surgery at Trinity Medical Center in Rock Island, Ill.  The general surgeon who did the surgery thought he saw a stone in the common bile duct during an intraoperative cholangiogram, which is a procedure using a catheter to inject dye into the gallbladder to better visualize the blockage using X-ray.  He referred the patient to a gastroenterologist, the defendant Ahmad Cheema, M.D. 

A few hours after the gallbladder surgery, Dr. Cheema decided to perform an endoscopic retrograde cholangiopancreatography (ERCP), but he did not look at the cholangiogram results or discuss the case with the referring general surgeon.

Hinshaw did not have jaundice, yellowing of the skin, or any other symptoms of a stone in the common bile duct at the time. During the ERCP procedure, Dr. Cheema introduced a guidewire into the pancreatic duct and the wire curved back on itself puncturing the patient’s pancreatic duct.

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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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The U.S. Court of Appeals for the Seventh Circuit in Chicago has affirmed a district court’s order dismissing a medical negligence case brought against the Department of Veteran Affairs.

Jerome Augutis underwent reconstructive surgery on his right foot at Illinois’ Edward Hines Jr. Veterans Administration Hospital in July 2006. Because of complications during the surgery, the doctors amputated Augutis’s right leg below the knee on Sept. 22, 2006. 

Augutis maintained that the amputation was the result of negligent treatment. He filed an administrative complaint with the Department of Veteran Affairs in July 2006. His claim was denied in September 2010 and Augutis filed a request for reconsideration in March 2011. 

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On May 27, 2005, Dennis Swallow  came to the office of the defendant internist, Dr. Bryan Moline, for preoperative clearance for an upcoming orthopedic hip surgery. Swallow was 51 years old at the time and had a history of a neurological event in 1996. He was taking 325 mg of aspirin daily as a stroke preventative measure since that time. Swallow also had a history of severe migraine headaches for which he was receiving treatment from the Diamond Headache Clinic. 

Dr. Moline told Swallow to stop taking aspirin before the planned surgery and cleared him for the surgery, which was done by Dr. Mitchell Sheinkop at Rush Oak Park Hospital on June 15, 2005.

After the hip surgery, Swallow suffered a severe embolic stroke the following day, June 16, 2005, which caused severe disability with inability to talk or care for himself.  He died on Sept. 11, 2009.

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Nereida Sepulveda was an 80-year-old retiree who underwent a bilateral knee replacement surgery at Advocate Illinois Masonic Medical Center on Nov. 9, 2009. The surgery was performed by an orthopedic surgeon, Dr. David Hoffman. Sepulveda suffered an artery occlusion in the right leg as a complication of the procedure. The defendant, Dr. Iyer, was called for a vascular consult later that afternoon. 

Because Sepulveda complained of chest pain, the hospitalist would not permit any additional surgery on the right leg until he had ruled out a heart attack. Dr. Iyer then had to wait to obtain surgical clearance.

The next afternoon, Nov. 10, 2009, Dr. Iyer received medical clearance to do the surgery but decided to postpone the vascular surgery until Nov. 13 because the patient’s condition had improved.The surgery was elective and Sepulveda had just eaten.  However, it was noted that on Nov. 11, 2009, Sepulveda’s condition had worsened, and she suffered a foot drop. Dr. Iyer performed an 8-hour revascularization procedure to repair the right popliteal artery that day. 

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Jungie Kim underwent surgery to repair an abdominal aortic aneurysm at Rush Northshore Medical Center on Sept. 24, 2003.  Kim was a 55-year-old housewife.  The surgery was done by a vascular surgeon, Dr. Douglas Norman, a contracted employee at Rush Northshore. 

Following the surgery, Ms. Kim experienced severe ischemia in her right foot. Several more surgical procedures were performed.  There was the development of compartment syndrome pressure in a muscle compartment, which can cause muscle and nerve damages because of decreased blood flow.

In spite of the right foot surgeries, Ms. Kim’s foot became gangrenous, which eventually led to an amputation of the forefoot in April 2004.

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