Justia Lawyer Rating for Robert D. Kreisman

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Dr. Fangxiang Chen was an agent of Mercy Clinic East Communities.

Dr. Chen allegedly recommended that the plaintiff, Natalie Avilez, 39, undergo a minimally invasive right-sided microdiscectomy at T7-8. A microdiscectomy procedure is a type of minimally invasive discectomy commonly used to treat a herniated disc. When a herniated disc compresses a spinal nerve, symptoms can include pain (which may extend down one or both arms and legs, as is the case in sciatica), muscle weakness and difficulty with repetitive motions.

After the surgery, Avilez learned from Dr. Chen that he had operated on the wrong side of her spine and on the wrong level. The next day, Dr. Chen returned Avilez to surgery during which he performed a T6-7 laminectomy before intraoperative imaging showed he was still at the wrong level. Resulting from these incorrect surgeries, Avilez experienced additional pain and increased anxiety.
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Ms. Doe, who had a history of breast cancer, underwent regular breast MRIs. After a tumor was identified on an MRI, her treating radiologist reviewed previous scans and allegedly confirmed that they had been misread as normal for several years. By the time the correct diagnosis was issued, Ms. Doe’s breast cancer had spread to her lymph nodes.

Ms. Doe required chemotherapy and radiation and now has a reduced life expectancy. Furthermore, she incurred $341,000 in medical expenses and $19,000 in lost income.

Ms. Doe sued undisclosed defendants for choosing not to timely diagnose and treat her breast cancer. Had Ms. Doe received an earlier diagnosis, it was claimed that she could have been treated successfully with surgery.
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Doe was a toddler when taken to MetroSouth Medical Center suffering from a three-day history of fever, headache and eye symptoms. Doe had an elevated heart rate and blood pressure at the hospital. The child was allegedly discharged with a diagnosis of fever and ringworm with instructions to follow up with a pediatrician.

The child’s fussiness increased and he developed a swollen right eye, a cough and a cold. Two days later, a physician assistant (PA) allegedly diagnosed periorbital cellulitis and prescribed antibiotics. Periorbital cellulitis is an infection of the eyelid or skin around the eye. It is an acute infection of the tissues surrounding the eye, which may progress to orbital cellulitis with protrusion of the eyeball.

Doe was found unresponsive that day. He was rushed to a hospital and diagnosed as having sepsis, subdural abscess, empyema (pus collection) and sinusitis. Doe then underwent emergency neurosurgery and other treatment. He now suffers from permanent brain damage.
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A New York Appellate Court has held that the plaintiff in a breast cancer negligence case failed to raise a triable issue of fact and opposition to a defendant’s summary judgment motion.

Merlinda Paglinawan underwent a screening mammogram and ultrasound. The interpreting radiologist recommended a follow-up diagnostic mammogram and ultrasound. Paglinawan discussed this with her obstetrician-gynecologist, Dr. Ing-Yann Jeng, who agreed.

The report of the follow-up test recommended a targeted ultrasound in 6-12 months. The following year, Dr. Jeng referred Paglinawan to a breast surgeon, leading to a diagnosis of Stage II breast cancer. That diagnosis was made several months later.
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Mr. Doe, 68, went to a hospital complaining of severe back pain. When he was admitted, a hospitalist ordered an MRI. Doe began declining neurologically and then was treated for respiratory issues approximately two days into the hospitalization. The MRI order was discontinued.

It was not done until the fifth day of Doe’s hospitalization. The MRI results revealed multiple spinal abscesses in Doe’s thoracic and cervical spinal regions, necessitating a spinal decompression. Notwithstanding this treatment, Doe suffered from paraplegia. He has remained in this condition but is able to use a walker to transfer short distances.

Doe sued the hospital, alleging it chose not to perform a timely MRI and diagnose the spinal abscesses. He did not claim lost income.
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Matthew Rossignol, a combat veteran and a father of three, underwent an annual test at the Harry Truman Veterans Administration Hospital. The test results showed that he had an eGFR of 72.7. An eGFR (estimated glomerular filtration rate) is a measure of how well the kidneys are functioning. The eGFR is an estimated number based on blood tests and considers age, gender and body type.

After this test was conducted and measured 72.7, in the following year after additional testing, Rossignol allegedly received a letter from the VA stating that he was being approved for further renal evaluation and that he should avoid taking NASIDS (nonsteroidal anti-inflammatory drugs), and he should return for follow-up testing in six months. His eGFR fell to 4.1 approximately six years later.

Rossignol’s creatinine levels rose to 13.59. A normal creatinine blood test result is 0.7 to 1.3 mg/dL (61.9 to 114.9 µmol/L) for men. Nevertheless, the VA nurse practitioner did not discontinue Naproxen, an anti-inflammatory drug harmful to kidneys, for another full year.
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At 37 weeks gestation, Jomayra Rodriguez, 31, was admitted to Yale New Haven Hospital. Rodriguez, whose baby had abdominal ascites in his stomach, was then induced. Abdominal ascites is a condition in which fluid collects in spaces within the abdomen. As fluid collects, it can affect a patient’s lungs, kidneys and other organs. Ascites can cause abdominal pain, swelling, nausea, vomiting and often other physical ailments.

Rodriguez’s labor continued for three days but did not progress. Although she was scheduled for a cesarean section, the induction process was first restarted. Her baby suffered shoulder dystocia and then abdominal dystocia. Unfortunately, the baby died in Rodriguez’s uterus.

Rodriguez, individually and on behalf of her son, sued Yale University alleging wrongful death and mismanagement of the delivery. The Rodriguez family asserted that the defendant hospital should have performed a timely cesarean section considering the size of the baby, which exceeded the 90th percentile, or a timely abdominal paracentesis. Abdominal paracentesis is usually a simple bedside procedure in which a needle is inserted into the peritoneal cavity to remove the ascitic fluid.
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Brittani Clavet was admitted to the University of Connecticut’s John Dempsey Hospital at 35 weeks gestation. The treating obstetrician, Dr. David Park, allegedly attempted a manual rotation of the baby’s head while observing that she was in the occiput posterior position.

An occiput posterior position is when the baby’s head is down, but it is facing the mother’s front instead of her back. It is known to be safe to deliver a baby facing this way, but it is harder for the baby to get through the mother’s pelvis.

A resident physician attempted a second manual rotation, after which the fetal monitor began to show frequent deep deceleration and tachycardia. Dr. Park allegedly ordered a stat cesarean section.
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Michael Gerhards, 68, hit his head when he slipped and fell on ice outside his home. He was taken by ambulance to Providence St. Vincent Medical Center where he was diagnosed as having a forehead laceration and right shoulder strain. He was sent home.

Over the next few weeks, he followed up with various internists at a health clinic regarding ongoing headaches, amnesia and fatigue.

Gerhards was advised to take pain medication. Three weeks after the fall, his wife found him unconscious. He was rushed to the hospital where a CT scan revealed a bilateral subdural hematoma that was causing a brain herniation. He underwent two brain surgeries.
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Doe went to a medical clinic complaining of increased fatigue, weakness and shortness of breath. A resident physician allegedly obtained an electrocardiogram (EKG), which was abnormal, and ordered a routine cardiology referral. The resident’s supervising physician allegedly did not see or evaluate Doe.

Four months later, Doe collapsed at home from suspected cardiac arrest. Emergency resuscitation was unsuccessful.

The lawsuit filed on behalf of Doe and family alleged that the resident and attending physician chose not to recognize that the EKG findings were consistent with a third-degree heart block, in which the upper chambers of the heart loses communications with the lower chambers. This condition necessitated an urgent referral to a cardiologist for placement of a pacemaker, the plaintiff maintained.
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