Justia Lawyer Rating for Robert D. Kreisman

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A jury has awarded an 84-year-old woman resident of a nursing home $6.5 million following a fall from her bed.
The resident, V.C., was a known fall risk because she had suffered a stroke. She had been living at Stanleytown Healthcare Center. Her personal care plan called for her to use bed and chair alarms.
V.C. rolled out of bed when she attempted to go to the bathroom. She fell, breaking her left shoulder and hip.

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A consortium of 55 hospitals in the New York region has launched a campaign to aggressively identify sepsis for early treatment. Hospital administrators say the campaign is needed because sepsis, a leading cause of death in hospitals, can at first look like less serious ailments.

The new campaign was recently highlighted in a story published by the New York Times. The Times story focused on Rory Staunton, 12, who suffered what seemed like a minor cut on his arm while diving for a basketball during a gym class. The P.E. director at his school applied Band-aids to the cut, and Rory went about his normal routine. That night, he told his parents about the incident in the gym, did his homework and went to bed.

The next day, he started vomiting, spiked a high fever and reported pain in his leg. His parents brought him to a pediatrician, who referred him to the emergency room at NYU Langone Medical Center, where he was treated for upset stomach and dehydration. Doctors prescribed fluids and Tylenol and sent the boy home.

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As the U.S. population ages, increasing numbers of people are taking care of elderly relatives. The Bureau of Labor Statistics has released a new study that reports that, in the past three months, 39.8 million Americans have provided unpaid care to someone over 65 because of a condition related to aging.

A story on the recent report was published in the New York Times.
According to the U.S. Census Bureau, about 78 million American children were born between 1945 and 1964 in the years following World War II. Now those children are heading into their golden years, starting retirement and facing some of the illnesses usually associated with old age. Many of their caregivers will be their sons and daughters.

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The New York Times has reported that long-time use of prescription antacid drugs can result in certain illnesses, including severe anemia, bone fracture and infections. The medications can be especially dangerous for older patients, who are urged to used them as briefly as possible.

The Times cited the example of a medical student, Jolene Rudell, who fainted; she assumed that the stress of being in medical school had caused her to pass out. Two weeks later, she lost consciousness again.

Blood tests showed Rudell’s red blood cell count and iron level were dangerously low, even though she is a hearty eater (and a carnivore). Her physician pointed to another possible culprit: a popular drug used by millions of Americans to prevent gastroesophageal acid reflux, or severe heartburn.

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It would seem to be a logical condition of surgery that surgeons first shave areas where the incision would be made. Many surgeons believe it is important to remove anything that would obstruct the place where the surgery takes place. Still other surgeons believe that shaving the area of the surgical entry spot will eliminate bacteria that can attach to hair.
In a recent article in the health section in the New York Times, it was pointed out that research now shows that shaving a patient’s skin before the surgery may actually raise the risk of infection.
According to the Centers for Disease Control and Prevention (CDC), surgical site infections have become a leading cause of complications among hospital patients. This would account for one of five of health-care associated infections. Thousands of deaths are associated with surgical site infections.

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Physicians should be aware that patients can use their smart phones or other electronic devices to tape alleged malpractice or negligence and introduce this evidence at trial. The presiding judge will determine whether the videotape may be presented.

Videotape, audiotape, and/or photographs can be introduced at trial if a proper foundation is laid and the subject matter is relevant, according to Robert Kreisman, JD, medical malpractice and personal injury attorney with Kreisman Law Offices in Chicago.
Kreisman was quoted in a recent issue of ED Legal Letter.

“To inform the jury, videotape could be introduced to give time and place. On the other hand, it depends on the quality of the videotape and what it depicts,” says Kreisman.

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Traumatic brain injuries (TBI) have been receiving a lot of attention lately because of the large number of such injuries suffered by soldiers in Iraq and Afghanistan, and the risk of concussions in sports like football and hockey. But many TBI incidents are caused by car accidents or car-pedestrian accidents. In the elderly, many brain injuries are caused by falls. Often these falls occur when patients are left unsupervised in hospitals or nursing homes.

According to the federal Centers for Disease Control and Prevention, about 1.7 million people a year experience a traumatic brain injury in the United States. Of those, 275,000 are hospitalized, and more than 50,000 die. More than 5 million Americans are estimated to suffer from a long-term disability following such injuries. The direct medical expenses and indirect costs, including lost productivity, have been estimated at $76 billion a year, according to the C.D.C.

Now scientists are examining the use of progesterone, the reproductive hormone, to help TBI patients. The new study, described in the New York Times, was financed by the National Institutes of Health and overseen by Emory University in Atlanta. The purpose of the study is to test the hypothesis that the hormone can reduce mortality and disability if administered right after a traumatic brain injury.

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A lawsuit has been filed accusing IU Health of over-billing uninsured patients more for treatment than insured patients. This case has drawn a lot of attention. The matter was argued recently before the Indiana Supreme Court.

The case involves a 2010 lawsuit filed by two uninsured patients. The patients accused IU Health of over-billing them.

Although the original lawsuit for the over-billing was small, the consequences are enormous. Should the Indiana Supreme Court rule favorably, it would allow other patients to sue for hospital over-billings as far back as ten years. If the plaintiffs win the appeal, the case against IU Health could be converted to a class action.

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The United States Preventive Services Task Force has issued a draft statement recommending that healthy women should not take low doses of calcium or vitamin D supplements to prevent bone fractures.

The group is an independent panel of experts in prevention and primary care and was appointed by the federal Department of Health and Human Services. In a report, the task force said there was insufficient evidence to recommend taking vitamin D with or without calcium to prevent fractures in postmenopausal women and men.
Scientists who took part in the study said a normal healthy diet provides enough vitamin D and calcium.

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The Illinois Appellate Court affirmed a trial judge’s decision in a medical negligence claim brought by Kathleen Smeilis. She developed a progressive neurological condition called cauda equina syndrome, which requires prompt surgical treatment to prevent permanent nerve damage.

In this case, Ms. Smeilis was admitted to Glenbrook Hospital in August 1999 and then transferred to a nursing home operated by Dr. Lipkis, the defendant. Lipkis personally examined Ms. Smeilis for the first time on Aug. 14, 1999. No unusual neurological activity was found until she was transferred back to Glenbrook Hospital four days later. Ms. Smeilis was then transferred to Evanston Hospital for immediate surgery. She suffered permanent nerve damage because she was not immediately diagnosed with cauda equina syndrome.

In 2001, the plaintiff and her husband brought a negligent lawsuit against Glenbrook Hospital, Dr. Lipkis and several others. They relied on the expert testimony of a neurosurgeon, Gary Skaletsky, M.D., who testified that Ms. Smeilis should have had surgery by Aug. 10, 1999, to avoid the neurological damage. In September 2007, after the discovery was completed, all defendants, except Dr. Lipkis, settled with Ms.

Smeilis and her husband for $3.2 million, and the case against those defendants was voluntarily dismissed. In October 2007, Ms. Smeilis and her husband filed a new complaint against Dr. Lipkis and his corporation alleging that he was the proximate cause of Ms. Smeilis’s injury.

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