Articles Posted in Surgical Errors

by

This case arises out of an appeal taken after the Circuit Court of Cook County judge entered judgment on the verdict in favor of Dr. John Pantano and Suburban Lung Associates, S.C. in a medical malpractice action. The lawsuit, brought by the special administrator of the Estate of Viola Morrisroe, claimed that her death occurred after a bronchoscopy during which biopsies were performed by Dr. Pantano. It was asserted that the trial judge was in error for (1) barring Morrisroe’s expert from utilizing two CT scans during his testimony to demonstrate that the size of a mass in her lung had not increased in size; and (2) sustaining defense counsel’s objections to certain statements in plaintiff’s counsel’s closing argument relating to informed consent claim.

In 1999, Morrisroe was diagnosed with chronic obstructive pulmonary disease (COPD) and emphysema by pulmonologist Dr. Edward Diamond who was the president of Suburban Lung Associates, S.C. Her medical condition was monitored by Dr. Diamond and, in 2006, she began obtaining routine CT scans. In February 2009, a CT scan of her lungs indicated a new mass had formed in the upper right lobe. Dr. Diamond ordered further testing in the form of a PET scan. The PET scan indicated that, while unlikely, cancer could not be ruled out. Dr. Diamond discussed the results of the scans with her and recommended that another CT scan be performed in four months.

By 2009, Dr. Diamond’s examinations found that Morrisroe’s lung function had significantly decreased. While her lung function was at 40% in the beginning of the year, by the summer her lung function was only 26%, prompting Dr. Diamond to downgrade her COPD from “severe” to “very severe.”
Continue reading

by

Sandra Hernandez, 46, underwent a laparoscopic hysterectomy performed by the defendant obstetrician/gynecologist, Dr. Joseph Thomas. The surgery was done at Trinity Hospital in Chicago on March 31, 2010.

During the surgery, Dr. Thomas’s placement of a laparoscopic trocar resulted in lacerations to the iliac artery, iliac vein and small bowel. The iliac arteries are three arteries located in the region of the ilium in the pelvis. The three arteries are the common iliac artery, the external iliac artery and the internal iliac artery. These vessels are located in the pelvic area of the body.

After the lacerations, Hernandez suffered severe abdominal bleeding with massive blood loss leading to cardiac arrest and a call for a code blue resuscitation. Extensive amounts of blood products were administered after which surgery was completed to repair the small bowel and blood vessels.
Continue reading

by

Johnna Hunt, 40, underwent an outpatient hysteroscopic D&C that was performed by an obstetrician, Dr. John Kaczmarek. She returned home after this procedure and began to hemorrhage. She was admitted to a local hospital and was diagnosed as having a perforated uterine wall and arterial injuries.

Hunt required a hysterectomy and now suffers from scarring, pain and emotional distress as a result of the injuries she sustained. She filed a medical negligence lawsuit against Dr. Kaczmarek and his medical practice claiming that the doctor chose not to recognize that during the procedure he had not entered her endometrial cavity, negligently perforated her uterine wall and chose not to diagnose this intraoperatively and failed to treat intraoperative bleeding. The lawsuit did not claim any lost income.

The jury entered a verdict in favor of Johnna Hunt in the amount of $500,000. Hunt’s attorney was Timothy P. Pothin.
Continue reading

by

John Pluard, 51, fell from an attic and landed on a concrete surface 14 feet below, fracturing his leg and left elbow. Pluard was admitted to Harborview Medical Center where he underwent leg surgery to repair his fractured leg, but not to his arm.

After the surgery, Pluard reported increased pain in his left arm for which he was given morphine. Almost seven hours later, an orthopedic surgeon examined him. The doctor increased his morphine dose and saw him again the next morning. Pluard later lost most of his neuromotor functioning in his hand.  Despite emergency surgery, he does not have a functioning left hand.

Pluard had worked as a carpenter earning about $46,500 per year and has not been able to return to work. He and his wife sued the hospital, maintaining that it chose not to timely diagnose and treat compartment syndrome, which was the source and cause of his arm injury. The jury entered their verdict in favor of both Pluard and his wife for $1.58 million.

Continue reading

by

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.

Continue reading

by

Benjamin Serico was 58 years old when he underwent a colonoscopy done by a colorectal surgeon, Dr. Robert Rothberg. Dr. Rothberg informed Serico that the test did not reveal any signs of colon cancer.

Two years later, Serico was diagnosed with having metastatic colon cancer; despite a treatment plan, Serico later died of the cancer. He had been an assistant professor and was survived by his wife and two sons.

The Serico family sued Dr. Rothberg, claiming that his choosing not to remove a polyp during the colonoscopy procedure and then failing to properly perform the test, led to the late diagnosis of cancer. The jury’s verdict was $6 million in favor of the estate of Serico and his wife for the wrongful death and medical malpractice.

Continue reading

by

Wismond Brissett, 45, was treated at a local hospital for first- and second-degree burns. He suffered these burns while he was cooking at his home. Two days later, a plastic surgeon, Dr. David Watts, diagnosed first-, second- and third-degree burns to Brissett’s body. Dr. Watts scheduled a skin graft and a second debridement for the next day.

After the procedures, which included removal of skin from Brissett’s thighs and the placement of staples to secure the grafted skin, Brissett suffered severe pain and scarring on his arms and chest.

Brissett required narcotic pain medication and has become depressed and embarrassed about the scarring for which there is no medical treatment.

Continue reading

by

Gary, 44, suffered from chronic neck pain. He underwent a cervical injection procedure at a surgical center and was treated by an anesthesiologist. After Gary was placed lying faced down during this procedure, the surgical staff discovered that Gary was not breathing. He was resuscitated and hospitalized. However, Gary died six months later due to complications from hypoxia or a deprivation of oxygen, which undoubtedly occurred while he was undergoing the cervical injection and was not breathing.

Gary had been a railroad worker earning about $90,000 a year and was survived by his wife and two minor children.

Gary’s family filed a lawsuit against the anesthesiologist alleging that the doctor chose not to monitor Gary during the cervical injection procedure and failed to timely respond to the fact that Gary’s vital signs showed signs of hypoxia. It was also maintained that the doctor chose not to intervene before Gary suffered the hypoxic event.

Continue reading

by

 

On Jan. 12, 2009, Paul Vanderhoof was admitted to the hospital for the surgical removal of his gallbladder. This procedure is also called a cholecystectomy. During the surgery, the surgeon, Dr. Richard Berk, severed the patient’s common bile duct after he misidentified it as the cystic duct. Another surgeon was brought in to perform emergency reconstructive surgery to repair the severed duct.

Vanderhoof remained in the hospital for a week after the surgery during which time he was treated for an intermittent, controlled bile leak. A day after his discharge from the hospital he was readmitted with complaints of chest and abdominal pain. For the next two months, Vanderhoof remained an inpatient at two hospitals and a rehab nursing facility. He continued to suffer bile leakage, develop a large liver abscess and pneumonia and ultimately died of septic shock in the hospital on March 19, 2009.

Vanderhoof’s wife, Doris, brought a wrongful death and survival action lawsuit against the surgeon Dr. Berk and NorthShore University HealthSystem. Dr. Berk’s practice, NorthShore University HealthSystem Faculty Practice Associates, was later added as a defendant. When Doris Vanderhoof died, her daughter, Carol Vanderhoof, became the special administrator of her father’s estate. She filed an amended complaint claiming that during her father’s bile duct surgery, Dr. Berk “negligently and carelessly surgically transected” the common bile duct, “failed to perform the necessary precautionary methods to ensure a safe gallbladder removal,” and “failed to call for assistance from a specialist with expertise in biliary surgery” before cutting the common bile duct.

Continue reading

by

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.

Continue reading