Justia Lawyer Rating for Robert D. Kreisman

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Gloria Tirado and Christian Tirado were plenary guardians of Gina Gutierrez, who brought a medical malpractice case against Drs. Konstantin Slavin and Gerald Oh. In the suit, it was alleged that the doctors negligently performed spinal surgery on Gutierrez and were negligent in their follow-up care.

In answer, Dr. Slavin raised an affirmative defense of contributory negligence for Gutierrez’s failure to seek treatment and follow medical advice. The case went to a jury trial and during plaintiffs’ closing argument, Dr. Slavin and his counsel came to the aid of a suddenly ill juror.

The plaintiffs moved for a mistrial the following morning, which the trial court denied. The trial court then entered judgment on the jury’s verdict in favor of Dr. Slavin and denied plaintiffs’ motion for a new trial. An appeal was taken in which the Illinois Appellate Court affirmed the entry of judgment in favor the defendant physicians.

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As Clare Linzell’s parents became concerned about her repetitive behaviors and attention span, they asked a neurologist, Dr. Yassar Awaad, to examine their 4-year-old daughter. Dr. Awaad is a pediatric neurologist.

Dr. Awaad conducted several EEGs, diagnosed epilepsy, and prescribed anti-seizure and anti-depressant medications.

The epilepsy treatment continued for years until another doctor diagnosed Clare as having an autism spectrum disorder, not epilepsy.
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William Andrews, 46, suffered from orthopedic injuries, including a hip fracture that he suffered in an ATV crash. He went to a hospital emergency room where he was placed in a knee immobilizer and was instructed to stay non-weight bearing. At a later doctor’s appointment with an orthopedist, he was diagnosed as having a fractured wrist and was referred to an orthopedic surgeon, Dr. Jeffrey Gelfand.

Several days later, Dr. Gelfand met with Andrews and his wife who informed the doctor of Andrews’s hip fracture and immobility. Dr. Gelfand recommended that Andrews undergo surgical repair of the wrist fracture. This was scheduled for approximately ten days later.

Andrews remained immobile before the surgery and did not leave his house. The morning of the wrist surgery, Andrews’s wife found him on the floor of their bedroom, where he had died. The later autopsy showed that Andrews had died from a saddle pulmonary embolism.
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Hope Johnson, 20, was a student who was considering hormonal birth control. In doing so, she underwent a blood test to determine whether she was at risk for blood clots. Although the test for Factor V Leiden was positive for a clotting mutation, Johnson’s treating ob/gyn told her that her Factor V Leiden results were normal.

About one month later, after starting birth control pills, she went to Auburn Urgent Care complaining of shortness of breath, chest pain, cough, headache and sore throat. She told the staff there that she was taking birth control pills. Dr. Zenon Bednarski, the owner and supervising physician of the clinic, diagnosed Ms. Johnson with pneumonia and bronchitis after an X-ray was taken. The doctor prescribed an antibiotic and sent Johnson home to return only if her condition worsened.

Ms. Johnson returned to the clinic two days later when her chest pain and shortness of breath became much worse. She reported these symptoms to newly hired Dr. David Willis who ordered a CBC (complete blood count), which showed an oxygen saturation level of 91. Dr. Willis performed no physical exam. He was unable to access Johnson’s medical chart from the previous clinic visit, diagnosed a high white blood count and shortness of breath and prescribed an inhaler. The very next day, Hope Johnson died of massive pulmonary emboli. She was survived by her parents and two siblings.
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Ms. Doe, 52, went to a hospital emergency room complaining of abdominal pain. She underwent an ultrasound and was diagnosed as having gallstones. Dr. Roe, a general surgeon, performed a laparoscopic cholecystectomy, during which the doctor encountered an unusual amount of bleeding. The surgeon converted to an open procedure where it was revealed that Ms. Doe’s common bile duct had been clipped and transected. This is the surgical procedure when removing a patient’s gallbladder becomes necessary.

Ms. Doe was transferred to another facility where she underwent emergency surgery to repair injuries to her common bile duct, the hepatic duct and right hepatic artery. Ms. Doe was hospitalized for ten days and the recovery took several months.

Ms. Doe continues to suffer discomfort and pain. She sued Dr. Roe, alleging that the doctor negligently did the laparoscopic surgery by misidentifying bodily structures for cutting. Continue reading

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When Lana Burton went in for a routine mammogram and later developed a lump in her breast, she went back for another mammogram and an ultrasound. The radiologist, Dr. Sanford Limpkin, interpreted the mammogram and ultrasound as being normal.

Fifteen months later, she was diagnosed as having triple negative cancer of the right breast. She underwent a mastectomy, chemotherapy and radiation. Sadly, she died within three years. Burton was 56 when she passed away; she was survived by her husband and adult daughter.

The Burton estate sued Dr. Limpkin and his employer, Advanced Radiology, alleging that they chose not to timely diagnose and treat breast cancer. The Burton family asserted that Burton’s mass was observable on the second set of tests that were done and that Burton should have therefore undergone spot compression imaging.
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A Maryland Appellate Court has held that summary judgment for a medical negligence defendant was proper. In this case, the plaintiff chose not to comply with the state requirement by filing a certificate of merit from a health care provider when the provider has a background and specialty in medicine that is in the same or related specialty as the treating defendant physician. In this case, that medical specialty was in transplant surgeon.

Remonia Chaplin underwent a kidney transplant that was performed by Dr. Silke Niederhaus, a board-certified kidney transplant surgeon. She later sued the University of Maryland Medical System Corp., alleging that the surgeon, Dr. Niederhaus, had breached the standard of care by using an unsuitable kidney in the transplant. In support of the complaint that was filed, Chaplin filed a certificate and report of Karen Paolini, a licensed nurse practitioner and certified transplant coordinator.

The trial judge granted the defendant’s motion for summary judgment, finding that neither the certificate nor the report complied with the state law that required a certificate of merit by a health care provider in the same or similar medical specialty as the defendant doctor.
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Patricia Bent underwent a right laminectomy performed by orthopedic surgeon Dr. Navinder Sethi. Although the surgery was successful, she developed pain, numbness and tingling on her left side. She returned to Dr. Sethi, who recommended a bilateral laminectomy at L3-4.

Unfortunately, during that surgery, Bent suffered a right-side dural tear, which led to leakage of cerebral-spinal fluid and caused permanent nerve damage.

After this surgery, Bent, 64, was unable to feel anything on her right side from her waist down to her foot. That prevented her from walking independently, driving, or continuing her work as a nurse where she was earning approximately $70,000 per year.
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Alice Underwood, 82, underwent hip replacement surgery and rehabilitation. Six days after the surgery, she was admitted to Victor Valley Global Medical Center for treatment of a urinary tract infection and dehydration.

While she was hospitalized, she suffered a surgical site infection, which caused her incision to separate. She underwent surgery to remove necrotic tissue and then was sent to a rehabilitation facility.

Twenty-six days later, Underwood died of cardiopulmonary arrest and infection. She was survived by her three adult daughters and a son.
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Ronald Fairrow, 56, underwent an appendectomy at Riverside Methodist Hospital. The surgical resident, Dr. Alon Geva, and nurse Megan Conrad attempted to insert a urinary catheter but encountered resistance.

Dr. Geva and Conrad made several more attempts until another doctor came and properly inserted the catheter.

Several days after the appendectomy surgery, Fairrow suffered severe bleeding in his urethra and later underwent surgery to stop the blood flow. Fairrow was unable to urinate due to the urethral damage and required Foley and supra pubic catheters for several months until he underwent urethral reconstruction surgery.
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