Justia Lawyer Rating for Robert D. Kreisman

by

The Maryland State Appellate Court has ruled that the trial judge was correct in deciding whether a patient’s negligence lawsuit, that of Yolanda Harris, would go forward against a women’s health clinic even after she dropped claims against her doctor, the agent to the clinic.

The Maryland Court of Specials Appeals said that Harris did not forfeit her right to a lawsuit against Women First OB/GYN Associates LLC when she voluntarily dropped all claims against the clinic’s physician, Dr. McMillan who was alleged to have committed malpractice in a hysterectomy procedure for Ms. Harris.

It was ruled that the judgment against Women First could stand even though the clinic’s negligence was based entirely on Dr. McMillan’s acts or omissions. The legal issue on appeal was whether the principal, Women First, could be held liable for the acts of its agent, Dr. McMillan, who had already been voluntarily dismissed.
Continue reading

by

This case arrived at the Illinois Appellate Court as an interlocutory appeal that came about from the plaintiff Eric Owens’s lawsuit against the defendant hospital, Louis A. Weiss Memorial Hospital, and its doctors related to the care received by Owens at the hospital’s emergency room in 2011. He initially named Dr. Ahmed Raziuddin as a defendant in the lawsuit as the physician who treated him in the emergency room based on Dr. Raziuddin’s name appearing in the hospital’s records as the treating physician.

However, it turns out that Dr. Raziuddin filed a motion to dismiss the lawsuit claiming that he was not the doctor treating Owens and that a Dr. Seema Elahi was actually the treating physician. That motion was granted.

Owens then amended his complaint adding Dr. Elahi as a party defendant replacing Dr. Raziuddin. Dr. Elahi then filed a motion to dismiss arguing that the statute of limitations had expired.

Continue reading

by

Jenny Copsey, on behalf of her late husband, Lance Copsey, filed a lawsuit against a radiologist, Dr. John Park, claiming that he chose not to properly analyze radiological images, which purportedly contributed to the her late husband’s fatal stroke.

The state’s court of appeals said that the evidence of negligence by Copsey’s other physicians who previously settled out of the case was properly admitted by the trial court because it was essential to provide Dr. Park with a fair trial.

The decision stated: “Evidence of nonparty negligence was relevant and necessary in providing Dr. Park a fair trial as it tended to show he was not negligence; thus, the alleged prejudice did not outweigh its probative value.”
Continue reading

by

In 2011, Sean Elliott filed a medical malpractice lawsuit against Resurgens P.C. and Dr. Tapan Daftaria. The lawsuit alleged that Elliott ended up with paralysis because treating physician Dr. Tapan Daftaria chose not to timely diagnose and treat an abscess in Elliott’s thoracic spine.

During the jury trial, he attempted to call Savannah Sullivan, a nurse. She was not identified as a potential witness in Elliott’s written discovery responses or in the parties’ pre-trial order.

The trial judge excluded Sullivan as a witness. After the jury returned a defense verdict for Resurgens and Dr. Daftaria, Elliott appealed to the court of appeals arguing that the trial judge’s exclusion of Sullivan was an error. The court of appeals in Georgia agreed, reversing the jury’s verdict and remanding the case for a new trial.
Continue reading

by

Gerald Teeuwen, 77, developed a persistent cough. He went to an urgent care facility and later underwent a chest x-ray, which was interpreted as showing a density in his left lung. Teeuwen was referred to a pulmonologist, Dr. Peter Birk.

Dr. Birk ordered a second chest x-ray, which radiologist Dr. Jack Lowdon read as normal. Dr. Lowdon did not compare the two films, which had not been provided to him. The following year, Teeuwen was diagnosed as having Stage IV lung cancer with metastasis to his brain and bones. He was unable to tolerate his chemotherapy and brain radiotherapy treatments. Teeuwen died of lung cancer four months later. He was survived by his wife and two adult children.

Teeuwen’s wife, on behalf of his estate and family, sued Drs. Birk and Lowdon alleging their negligence in choosing not to timely diagnose lung cancer. The Teeuwen family alleged that both physicians should have reviewed the first chest x-ray and that Dr. Lowdon had misread the second study. If Teeuwen would have received an earlier diagnosis, the family and the estate argued, he would have had a chance for cure and survival.
Continue reading

by

Virginia Schneider, 18, went to Griffin Hospital to be treated for a severe asthma attack. In the process of evaluating her condition, emergency physicians Dr. Gregory Boris and Dr. Alyssa French learned of her left leg pain and numbness. The doctors ordered an ultrasound to rule out a blood clot. When the ultrasound revealed an abnormality in the popliteal artery, the doctors consulted the on-call vascular surgeon, Dr. Marsel Huribal.

Dr. Huribal instructed the emergency room physicians to order a CT scan, which was read offsite by a radiologist, Dr. Jennifer Bryant. Although the full text of Dr. Bryant’s report was never transmitted to the hospital, Dr. French learned and later informed Dr. Huribal that there was a portion of the artery in Schneider’s leg that appeared to be blocked. Nevertheless, Dr. Huribal concluded that she did not have a blood clot.

The next day, radiologist Dr. Gregory Bell reviewed the CT scan and contacted Dr. Huribal who reiterated that he did not believe that Schneider had a blood clot. Over the following weekend, her condition deteriorated rapidly. At an appointment several days later, her foot was found to lack pulses, and she was rushed to the hospital. Despite multiple procedures to restore circulation in the leg, it was concluded that her leg had to be amputated.
Continue reading

by

Gretchen Altemus, 68, struck her head in a fall. She went to the Indiana Regional Center emergency room where she underwent a CT scan. The radiologist working for Aris Teleradiology interpreted the test as being normal.

She was admitted to the hospital. Just three hours later, she became non-responsive. A second CT scan was done showing intracranial bleeding. Although she was transferred to another hospital, she died the next day of brain damage resulting from the intracranial bleeding. She is survived by her two adult children.

Altemus’s daughter, on behalf of her family and estate, sued Aris Teleradiology and the hospital claiming that they chose not to timely diagnose and treat the intracranial bleeding. Had the radiologist identified the small area of bleeding in the brain, the family alleged that she could have received lifesaving treatment and survived.
Continue reading

by

The U.S. Court of Appeals for the 10th Circuit has held that an expert on language issues and healthcare could not testify that several healthcare providers had breached the standard of care in their treatment of a patient who had limited use of the English language.

Dalip Basanti, who was a native of India, received treatment for back and shoulder pain from doctors at the Salud Family Health Center and the Platte Valley Medical Center. She later became paralyzed from the chest down and learned that she suffered from a benign endodermal cyst that had compressed her spinal cord.

She sued the U.S. and others alleging liability for medical negligence. Basanti sought to admit the expert testimony of Dr. Glenn Flores, a physician specializing in language issues related to healthcare, who was to testify that the defendants had breached the standard of care that caused Basanti’s injuries by choosing not to use interpretative services to communicate with her. Basanti had limited English language proficiency. The defendants moved to strike Dr. Flores’s standard of care and causation opinions. The U.S. District Court judge granted that motion.
Continue reading

by

After the death of 2-year-old Miranda Eid, Miranda’s parents, Mohammed and Lisa Eid, filed a lawsuit against Loyola University Medical Center alleging negligent medical treatment following her pacemaker replacement surgery.

Lisa Eid also sought damages for reckless infliction of emotional distress based on Loyola’s nurses leaving medical tubing in place when Miranda’s body was released for burial. The Cook County jury returned a verdict in favor of Loyola; the Eids appealed.

On appeal, the Eid family argued that (1) the jury’s verdict in favor of Loyola on the claims of medical negligence and reckless infliction of emotional distress was against the manifest way of the evidence; (2) the circuit court erroneously upheld Loyola’s claim of privilege under section 8-2101 of the Illinois Code of Civil Procedure (known as the Medical Studies Act) (735 ILCS 5/8-2101 et seq. (West 2012)) for information that was generated for the use of Loyola’s peer review committee when a designee of Miranda’s treatment and instructed another member of the committee to assemble information concerning the incident; (3) the circuit court improperly instructed the jury on the law concerning the claim of reckless infliction of emotional distress; and (4) defense counsel’s alleged improper remark during closing argument confused the jury, and the additional instructions the circuit court gave the jury did not correct the alleged confusion.
Continue reading

by

Holly Mozzone, 39, underwent a bursectomy and a repair to her labrum; surgery was performed by orthopedic surgeon Dr. Gary Hunter. During the surgical procedure, Dr. Hunter placed a screw into her shoulder joint instead of on the limb of the joint.

As a result of this mistake, she developed mechanical and range-of-motion problems that necessitated 18 months of physical therapy. She was unable to continue working as a nursing assistant and now works as a flight attendant.

Mozzon filed a lawsuit against Dr. Hunter claiming liability for placing the screw during the operation in the shoulder joint instead of in the rim of the joint. That displacement of the surgical screw was the cause of her shoulder problems. The jury awarded $188,000 plus $150,000 in attorney fees.

Continue reading