Justia Lawyer Rating for Robert D. Kreisman

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Karol Stawarz was complaining to his primary care physician, Dr. Victor Forys, about his lower abdominal pain. Dr. Forys diagnosed gastroenteritis and prescribed medicine. He also told Stawarz to follow up in 24 hours or go directly to the hospital if his condition got worse.

On the following day, Stawarz went to a hospital where he was diagnosed as having a perforated appendix. Stawarz required an emergency appendectomy and later developed a fistula, which necessitated a temporary colostomy.

Stawarz and his wife  sued Dr. Forys and his medical practice, claiming that Dr. Forys chose not to timely diagnose the appendicitis by ordering a stat CT scan and sending Stawarz directly to the hospital after that examination.

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Guadalupe Ramirez had a history of congestive heart failure.  She was also an insulin-dependent diabetic, had mitral valve regurgitation, atrial fibrillation, rheumatic heart disease, high blood pressure and a prosthetic heart valve.  Ramirez, 72, underwent a cardiac catheterization procedure on Nov. 21, 2003.  Eight days after the procedure, Ramirez presented to the emergency department at the University of Illinois Hospital (UIC) complaining of groin pain.

The defendant, Dr. Joan Briller, was the attending cardiologist for the first 24 hours of her admission.  Dr. Briller and other physicians considered a retroperitoneal bleed in their assessment, but did not order a CT scan until about 22 hours later.

All parties agreed that a retroperitoneal bleed is a recognized complication of cardiac catheterization and often occurs in the absence of negligence.

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In May 2001, Michael Hamilton was a worker at the Behr Process Corp. plant in Chicago Heights, Ill., when he began experiencing severe pain.  He was taken by ambulance to St. James Hospital in Chicago Heights, Ill. 

At the hospital, Hamilton was met by Dr. Jose Almeida.  Within a few hours, Hamilton was discharged saying that his pain had ended.  He was instructed to see his primary care physician the next day.  However, the next day Hamilton was found dead in his mother’s apartment.  An autopsy revealed that Hamilton died of pericardia tamponade, which is blood surrounding the heart as a result of an aortic dissection.

The mother of Hamilton, Evelyn Hart, filed a lawsuit in Cook County claiming that the hospital, St. James and Dr. Almeida, as well as the doctor’s employer, Excel Emergency Care LLC, were negligent. 

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Orthopedic surgeon Kris Alden, M.D., performed the right knee replacement surgery on the plaintiff, Lawrence Lapiana, on May 26, 2011.  Lapiana had a history of severe osteoarthritis in both knees. The surgery was completed at Elmhurst Memorial Hospital. During the knee replacement, the artery behind the knee was cut with a surgical instrument at the level of the tibial plateau.  At the time the artery was severed, the bleed was not detected. 

As a result of the severed artery, Lapiana developed post-surgery compartment syndrome with severe pain, numbness and swelling in the right knee and calf while still in the post-anesthesia care unit.

Dr. Alden requested a vascular surgery consult for a suspected arterial injury and also ordered an emergent arteriogram.  The arteriogram revealed a complete transection of the popliteal artery.

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An Alabama medical negligence case that found its way to the state supreme court, arose out of a jury’s verdict in the amount of $3.2 million. The verdict came in favor of the family of Lauree Ellison involving medical malpractice and hospital negligence at Baptist Medical Center East (BMCE).  The trial court denied the defendant’s post judgment motions seeking a new trial, or in the alternative, a reduction in the judgment.  The motion to reduce the verdict amount was based on the statutory cap contained in the Alabama code.

On Sept. 3, 2005, Lauree Ellison was treated in the emergency room as a patient of Baptist Medical Center East in Montgomery, Ala.  She was 73 years old and suffered from a number of chronic pre-existing medical conditions.  Ellison was there for an evaluation after she had fallen at her home. 

While she was in the emergency room, she mentioned that she had a sore throat.  An emergency room physician ordered a strep test, which was negative. The exam lab results showed that Ellison did not have an infection, and the x-rays that were done were unremarkable for injuries from her fall. She was then discharged and returned home.

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A 34-year-old patient, Sally Arbogast, underwent a vaginal delivery but experienced sharp abdominal pain and moderate bleeding right afterward.  She had delivered her last child by a Cesarean section. The obstetrician who cared for her performed a manual exploration and curettage procedure to rule out uterine scar rupture and later diagnosed uterine atony — a loss of tone in the muscles in the uterus.  It has been noted that 90% of all postpartum bleedings are associated with uterine atony, which is the failure of the uterine muscles to contract normally after the baby and placenta are delivered.

For an hour and a half, Arbogast remained hypotensive and tachycardic. Her blood work showed lower hemoglobin and hematocrit levels compared to before the baby was born.

While the doctors were looking into the patient’s hypotension, she coded.  After resuscitation measures and a blood transfusion, Arbogast received multiple units of packed blood cells and fresh frozen plasma over the next five hours.

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A medical malpractice lawsuit was filed by Daniel R. Hemminger, who sued the defendants Jeffrey LeMay, M.D. and Sterling Rock Falls Clinic Ltd. for damages related to the death of his wife, Tina.  The lawsuit alleged that the defendants, in choosing not to correctly diagnose and treat Tina’s cervical cancer in a timely manner, was the cause of her death by lessening her chance for survival. 

This is called the lost chance doctrine supported by the case of Holton v. Memorial Hospital, 176 Ill.2d 95 (1997) in which the Illinois Supreme Court held that “to the extent a plaintiff’s chance of recovery or survival is lessened by the malpractice, he or she should be able to present evidence to a jury that the defendant’s malpractice, to a reasonable degree of medical certainty, proximately caused the increased risk of harm or lost chance of recovery.”

In this case, the trial judge granted the defendants’ motion for a directed verdict after the close of plaintiff’s case alleging that plaintiff failed to present evidence sufficient to establish that Dr. LeMay’s negligence proximately caused Tina’s death under a lost chance of survival.  The plaintiff appealed.

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The plaintiff in this case, Lee Ann Sharbono, filed a lawsuit claiming medical negligence against the defendant Dr. Mark Hilborn, a board-certified radiologist. In the lawsuit it was alleged that Dr. Hilborn had chosen not to timely diagnose Sharbono’s breast cancer.  After the trial, the jury found for Dr. Hilborn and against Sharbono.  She filed post-trial motions for judgment notwithstanding the verdict, for new trial and for rehearing, all of which the trial court denied. This appeal was taken.

In August 2006, Sharbono was diagnosed with breast cancer in her left breast.  It had spread to her nearby lymph nodes under her left arm. She underwent extensive treatment including a modified radical mastectomy of her left breast.

The lawsuit in this case arose out of a diagnosis that was made by Dr. Hilborn in November 2004.  Sharbono, who was then 39 years old, went to see her primary care physician because she was experiencing fatigue, weight gain, aches and pain.  The doctor ordered a screening mammogram. That mammogram and an ultrasound were claimed to have been misinterpreted.

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Michael Mals, 57, underwent a hip replacement at Lutheran General Hospital on Aug. 14, 2008.  He was given Coumadin, a blood thinner, to prevent deep vein thrombosis (DVT).  Three days later he was transferred to a nursing home for rehab where his INR (international normalized ratio) became supratherateutic and Coumadin was discontinued.  In other words, his blood became too thin for his well-being. 

Mals was readmitted to Lutheran General Hospital on Aug. 28, 2008 with an elevated INR level, suspected internal bleeding and an elevated white blood count. He was diagnosed with a bleed within the left iliacus muscle and bilateral DVTs.  He was restarted on Coumadin, and he returned to the nursing home on Sept. 2.

On Sept. 11, 2008, Mals was readmitted to Lutheran General with elevated INR and anemia, placed on Lovenox anticoagulant therapy and sent back to the rehab facility.

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A Will County, Ill., jury entered a $1,066,000 verdict against an orthopedic surgeon, David Burt, M.D.  Virginia Faletti, 82, underwent endoscopic carpal tunnel release surgery on her right wrist at Edward Hospital.  The surgery was done to relieve pressure on the median nerve because of crowding within the carpal tunnel of the wrist. 

Dr. Burt, however, cut the median nerve during the surgery.  After the procedure, Faletti felt pain and numbness in the right hand and wrist, but Dr. Burt chose not to recognize that he had cut the median nerve.  Instead, Dr. Burt prescribed medicine for the nerve pain as well as a brace and physical therapy, which did not resolve Faletti’s symptoms. 

Later, Faletti sought a second opinion and was eventually diagnosed with a transected median nerve by a neurosurgeon.  The neurosurgeon then referred her to a plastic reconstructive surgeon who performed nerve repair surgery. During this procedure, the doctor noted the right median nerve had been completely transected except for one nerve fiber. 

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