After undergoing a temporal artery biopsy on an outpatient basis by a general surgeon, Jacqueline Childs developed swelling and paralysis on the right side of her face. She was subsequently diagnosed as having facial nerve neuropathy.
Childs has undergone steroid injection treatments for her facial pain and will require monthly ketamine infusions for the remaining years of her life.
She was in her 50s at the time of the injury and has incurred more than $98,400 in past medical expenses.
Dr. Gary Lovell, a gynecologist, performed a hysterectomy procedure on Karri Tingey. She was 49 years old at the time. After this procedure, Dr. Lovell reported that he had discovered and repaired a superficial tear on her sigmoid colon. He did not tell Tingey or her husband,
Within three days of that surgery, Tingey returned to the hospital where she was diagnosed as having sepsis and septic shock. She underwent emergency surgery, which revealed a bowel perforation in the upper area of her rectum.
Tingey and her husband sued Dr. Lovell, alleging that the doctor caused injury to Tingey’s bowel during the hysterectomy, misidentified the location of the injury, and repaired it improperly. Dr. Lovell died during the litigation.
Continue reading
William Dukes was under the care of Prompt Ambulance Central Inc. when he suffered a fatal injury. He was survived by his minor son.
The Dukes family and estate sued Prompt Ambulance and Kindred Nursing Centers Limited Partnership, alleging that they chose not to provide adequate care and treatment when transporting him by ambulance.
Before trial, the parties settled for $187,000. The Dukes family then petitioned the court for additional damages to be paid from the Patient’s Compensation Fund of Indiana. The court then did authorize $440,000 in payment to the Dukes estate from that fund.
Continue reading
At issue in this case, which ended in the Idaho Supreme Court, was whether the jury’s verdict would stand. A medical malpractice lawsuit was brought by Leila Brauner against AHC of Boise d/b/a Aspen Transitional Rehab (Aspen). The lawsuit arose out of Aspen’s delay in sending Brauner to the hospital following her knee replacement surgery, which was a substantial factor resulting in the amputation of her right leg above the knee at mid-thigh.
After a jury trial, a verdict in favor of Brauner was signed by the jury in the amount of $2,265,204 in damages.
Aspen appealed, alleging that various pre-trial and post-trial rulings were in error and resulted in an unsustainable judgment.
Continue reading
Audene Moxley was taken by an ambulance from her home to Piedmont Medical Center. A nurse determined that she was at high risk for developing pressure ulcers and ordered preventive measures, including repositioning the patient every two hours.
Over Moxley’s 9-day hospitalization at this facility, she was left in the same position for multiple hours on many occasions. Although a nurse noted that Moxley had a suspected deep tissue injury, the staff did not timely consult a wound care specialist. In addition, during Moxley’s hospitalization, she developed paralysis below the waist.
For the remainder of her life, Moxley continued to suffer from pressure ulcers and paralysis. After her death, Moxley was survived by her four adult children.
Continue reading
Howard Kinch was 34 when he underwent a laparoscopic cholecystectomy performed by general surgeon Dr. Christopher Touloukian. One week after the surgery, Kinch was re-hospitalized and diagnosed as having bile in his abdomen.
Kinch was transferred to another hospital so that he could receive an external drain. The drain mechanism later dislodged, which led to the development of sepsis that required a procedure to reinstall the drain. He now must have numerous drain replacement procedures every year and requires daily flushing of this device.
Kinch and his wife sued Dr. Touloukian and his employer alleging that the doctor transected the common hepatic bile duct during the surgery and chose not to adequately visualize the surgical field.
Continue reading
A Mississippi State Appellate Court has reversed a dismissal of a lawsuit that claimed the defendant physician, Dr. Terry Millette, misdiagnosed Debra Green as having multiple sclerosis (MS). As the lawsuit was filed after the applicable state’s one-year limitation, the defendant moved to dismiss, which was granted by the trial court.
Green, a patient of physician Dr. Terry Millette, developed memory problems and an unsteady gait. She began to suffer frequent falls. Green underwent an MRI, which led Dr. Millette to diagnose multiple sclerosis. One year later, in November 2016, after she had been taking medication for MS, Singing River Hospital sent her a letter stating that questions had been raised about Dr. Millette’s medical practices. The letter urged her to obtain a re-evaluation of her diagnosis and treatment plan.
Early in the following year, 2017, Green was evaluated by a new doctor. The doctor told her in May 2017 that she did not have MS. Green sent Singing River Health System a pre-suit notice of claim in January 2018 and filed a medical malpractice suit in May 2018.
Continue reading
In March 2014, plaintiff Dawn Verci filed a negligence lawsuit against defendants Michael High and International Union of Operating Engineers, Local No. 649. She claimed that as a result of the defendants’ negligence, she was injured and underwent medical treatment that cost more than $1 million.
The majority of her medical charges were from Dr. Richard Kube of the Prairie Spine and Pain Institute and the Prairie Surgicenter. The reasonable value of these medical services provided by Dr. Kube was a major issue of contention.
In January 2019, the trial court entered an order (1) prohibiting defendants from cross-examining Kube for his associated medical entities regarding their own cash advertised pricing at trial and (2) allowing defendants’ billing expert, Rebecca Reier, to testify at trial regarding her opinions on the reasonable value of Kube’s medical services.
Continue reading
Beekman Youngblood, M.D., is a board-certified anesthesiologist who appealed a circuit court judgment entered on a jury verdict in favor of Anthony Martin, as personal representative of the estate of Lanesha Martin.
On May 25, 2006, Lanesha Martin underwent outpatient sinus surgery at Vaughan Regional Medical Center. During that surgery, she was administered general anesthesia and was intubated (i.e., an endotracheal tube was inserted into her throat to help her breathe).
After the surgery, she developed pulmonary edema while in the post-anesthesia care unit and began experiencing problems with her oxygen saturation.
Continue reading
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.
Kreisman Law Offices Professional Corporation