Chicago Medical Malpractice Attorney Blog

October 3, 2018

$6.8 Million Jury Verdict in Failure to Diagnose Kidney Cancer

Mr. Doe, 54, sought treatment for his hypertension from Dr. Roe, his primary care physician. Urinalysis showed two to three red blood cells in Mr. Doe’s urine. However, Mr. Doe was not advised of this condition.

At his annual physical about two weeks later, a screening urine test was normal. Approximately two years later, a different family practice physician referred Mr. Doe to a urologist after a urine test showed blood and red blood cells in Mr. Doe’s urine. This led to a diagnosis of metastatic renal cell carcinoma.

Mr. Doe died of his kidney cancer disease within three years. He was survived by his two adult children.
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September 26, 2018

$3.05 Million Jury Verdict for Failure to Timely Diagnose and Treat Ovarian Cancer

by Robert Kreisman

Hamidan Mahamad underwent an annual gynecological checkup performed by an obstetrician, Dr. Herbert Mosberg, an employee of Hollis Women’s Center. Mahamad was in her middle 60s at the time of this exam. A routine transvaginal ultrasound showed the presence of free fluid in Mahamad’s pelvis, which was not there on previous ultrasounds.

Dr. Mosberg said that the latest test was normal. However, nine months later, Mahamad was diagnosed as having ovarian cancer that had metastasized to her uterus, liver and other organs.

In spite of several rounds of chemotherapy and surgery, Mahamad passed away from her illness about two years later. She is survived by her two adult children.
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September 25, 2018

State Supreme Court Rules That Neurosurgeon’s Deposition Testimony About Hypothetical Setting Was Reversible Error

by Robert Kreisman

The Florida Supreme Court has held that the trial court committed reversible error by allowing testimony by deposition of a patient’s treating neurosurgeon. The doctor testified at trial about what he would have done had the patient arrived at the hospital 1-2 hours earlier.

Alexis Cantore, 12 years old at the time, suffered a brain herniation resulting from hydrocephalus. Alexis and her parents sued two hospitals claiming that her untimely transport to a higher-level hospital led to a delayed treatment and late brain surgery to attempt to release the pressure on the brain.

At the jury trial, over the plaintiff’s objections, the first hospital offered the deposition testimony of the pediatric neurosurgeon who operated on Alexis. The doctor answered hypothetical questions about how he would have treated Alexis had she arrived at the second hospital 1-2 hours earlier. The jury found in favor of the defendants.
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September 24, 2018

$20 Million Jury Verdict for the Death of a Patient After Improper Post-Anesthesia Monitoring

by Robert Kreisman

Sharon Kimble, 50, suffered from chronic back pain. She took opioid pain medication and other drugs to alleviate her back pain. Kimble underwent back surgery at Laser Spine Institute to address her back pain.

Following this surgery, she was under the care of an anesthesiologist, Dr. Glen Rubenstein. Dr. Rubenstein ordered several essential nervous system depressants, including Dilaudid and Flexeril for pain control.

The Laser Spine Institute discharged Kimble two hours after her surgery to a nearby hotel with a prescription for oxycodone and instructions to continue her preoperative medications, including other central nervous system depressants.
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September 21, 2018

$18 Million Jury Verdict for Late Diagnosis and Treatment of Infection to Spine

by Robert Kreisman

Joan Simmons, 58, was experiencing acute back pain. She went to the emergency room at St. Joseph’s/Candler Hospital. She was treated and released. Her back pain continued.

Eight days after the back pain started, she returned to the hospital complaining of an altered mental status. Testing revealed a blood stream infection.

An infectious disease specialist, Dr. Sarah Barbour, examined Simmons, who then began to experience progressive leg weakness.

September 4, 2018

Late Diagnosis of Cervical Cancer Results in $1.9 Million Settlement

by Robert Kreisman

Rita DaCosta underwent a Pap smear and HPV test. Her treating gynecologist, Dr. Michelle Olivera, was informed that the test results were abnormal. Dr. Olivera instructed her medical assistant to contact DaCosta and schedule a colposcopy. DaCosta never learned about the test results.

Less than a year later, she met with Dr. Olivera, who had joined a different practice. She reported heavy and irregular bleeding, as well as lower abdominal cramping. Dr. Olivera prescribed birth control pills.

DaCosta, who repeated these complaints when she met with Dr. Olivera the following year, was told that she suffered from five fibroids and that the bleeding resulted from steroid use. DaCosta was referred for fibroid surgery.
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September 3, 2018

Illinois Appellate Court Reverses Discovery Order in Wrongful Death Medical Malpractice Lawsuit Relying On the Medical Studies Act

by Robert Kreisman

On May 13, 2015, Millicent Mnookin suffered a sudden drop in oxygen followed by cardiac arrest while she was under general anesthesia for surgery at Northwest Community Hospital. She was taken to an intensive care unit but died just two weeks later.

Mnookin’s husband, Barry Mnookin, who was appointed executor of her estate, filed a lawsuit against several defendants, including Northwest Community Hospital and Dr. Syed Ahmed, who had been her anesthesiologist. The lawsuit alleged negligence by Dr. Ahmed as an employee of Northwest Community Hospital.

During the discovery process, her husband’s attorney sent Northwest Community Hospital requests for production of documents. The hospital filed a privilege log, identifying 24 documents that it asserted were privileged and protected from discovery under the Medical Studies Act. He moved for an in-camera inspection of all of the allegedly privileged documents. In response, the trial court asked Northwest Community to “redact the portion of each privileged document for which [Northwest] claimed privileged.” Northwest redacted the entire text of every document, leaving only the printed headline.
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August 31, 2018

$6.6 Million Jury Verdict for Failure to Diagnose and Treat Vein Clot

by Robert Kreisman

Kara Nguyen experienced pain after undergoing a splenectomy, which is the surgical removal of the spleen. She was 23 years old at the time. Her surgeon, Dr. Jorge Leiva, ordered a CT scan. Dr. Andre Arash Lighvani, a radiologist, interpreted the scan as normal.

She was discharged from the hospital and followed up with Dr. Leiva. About a week later, she was readmitted to the hospital suffering from fever and abdominal pain.

After a second CT scan was completed, Dr. Leiva and another general surgeon, Dr. Ziad Amr, diagnosed a blood clot in her portal vein, which was allegedly apparent on both CT scans. Dr. Amr discharged her five days later without a treatment plan for the vein clot.
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August 29, 2018

$7.96 Million Jury Verdict for Failure to Correctly Treat Spinal Cord Injury

by Robert Kreisman

Shane Ackerschott was injured at work. He went to RediCare Urgent Care Clinic, which was run by Mountain View Hospital. Ackerschott, 40 years old at the time, experienced numbness below the waist and severe pain when he arrived at this clinic.

He was at the clinic for several hours and consulted with a nurse and family physician who had him raise his legs, touch his toes, and move up and down, among other things. However, his symptoms worsened.

After he walked to the facility’s X-ray room, he collapsed. He was transported to Mountain View Hospital where he was diagnosed with having a spinal cord injury at T10-11, resulting in paraplegia.
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August 21, 2018

$7 Million Settlement for Late Response to Respiratory Distress

by Robert Kreisman

Susan Clifford was a 40-year-old Iraq war veteran who was admitted to Veterans Hospital suffering from shortness of breath and flu-like symptoms. Over the next week, she received respiratory therapy, nebulizer treatments and mask ventilation.

When the treating medical providers attempted to switch her from the ventilator mask to a nasal cannula, she suffered an acute bronchial spasm. She was intubated approximately 44 minutes later but suffered oxygen deprivation, which resulted in permanent brain damage, blindness and quadriparesis.

Clifford sued the United States (Veteran’s Administration) alleging that its medical providers chose not to properly respond to acute respiratory distress and timely restore her airway. The lawsuit did not claim lost income or medical expenses.
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