Justia Lawyer Rating for Robert D. Kreisman

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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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The Supreme Court decision upholding the federal Affordable Care Act is good news for residents in Illinois who do not have heath insurance. Nearly 5,000 Illinois residents died between 2005 and 2010 because they didn’t have insurance, according to a report issued by Families USA.

Illinois ranked sixth among all states in the number of uninsured people between ages 25 and 64 who died prematurely, the report said. During the five-year period, 134,120 people in the U.S. died because they lacked insurance of any kind, including Medicaid, the state-federal health care program for the poor, according to the Washington-based advocacy group.

The high court ruled on the constitutionality of the Patient Protection and Affordable Care Act of 2010. By a 5-4 decision, the Supreme Court upheld the health insurance mandate, which requires all Americans to have health insurance or pay a fine.

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Most doctors recommend that their patients see a primary care physician once a year to check blood pressure, respiratory rate, cholesterol levels, liver function and other systems. Those things are routine, but the reason doctors ask patients to see them regularly is for preventative medicine. The costs of medical care and insurance have been soaring for decades. Medical treatment costs are much higher than the screening process costs.

Family doctors urge annual checks for blood pressure, cholesterol levels and prostate. Being examined by a dermatologist who screens for skin cancer is another important preventative measure. Women should regularly be seen by their gynecologist to rule out or examine for signs, symptoms of breast, ovarian, uterine cancer and other devastating diseases.

Those in good health past the age of 60 may realize that they are lucky but should take steps to safeguard their health against future problems.

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The federal Centers for Disease Control and Prevention has reported that the average American now lives to 77 years of age. That number has been on the rise for the last several decades.

As Americans live longer, there has been an increase in the number of nursing homes opening in the U.S. Nursing homes offer a safer place for the elderly or infirm to live. These alternative living quarters are for older Americans who are unable to care for themselves.

But as more older Americans move into nursing homes, we also see rising numbers of abuse and neglect cases in these facilities.

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The American Society of Clinical Oncology announced during its Chicago meeting that a drug has the potential of attacking tumors without some of the usual side effects. The results, although not yet certain, point to prolonging the lives of breast cancer victims.

The treatment in clinical trials validates the method in which a drug is delivered to cancerous cells without harming healthy ones. “We’ve envisioned a world where cancer treatment would kill the cancer and not hurt the patient,” said Dr. Kimberly L. Blackwell, a professor of medicine at Duke Cancer Institute and a lead investigator in the clinical trial. Dr. Blackwell said this drug does that.

The drug, known as T-DM1, was developed by Genetech, which sponsored the trial. The company has indicated that it would ask for approval of the use of the drug later this year. That would mean the drug would be available for sale in 2013.

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In November 2003, the defendant R.A. was driving while intoxicated on Route 173 in Spring Grove, Ill. He apparently fell asleep, crossed the center line and crashed head-on into the car occupied by L.M., who was a passenger. L.M. was airlifted to Rockford Memorial Hospital where he remained in intensive care for two months. He suffered numerous injuries, including broken ribs, lung contusion, a lacerated spleen and a stroke after the splenectomy surgery to remove his damaged spleen.

While L.M., age 56, was in intensive care, he developed a large Stage IV bed sore on his lower back. The ulcer had to be debrided and a bilateral flap procedure was done to cover the skin opening.
L.M. was an unemployed truck driver. He died prior to the trial, although no wrongful death claim was brought. His wife claimed loss of consortium, which is the spouse’s right of action for the missing love and affection that comes with companionship and marriage.

At the time of the crash, L.M. and three friends were driving to a fishing trip. The driver of the vehicle was killed and all three passengers, including L.M., were seriously injured.

The defendant R.A., age 46, admitted negligence and pled guilty to felony DUI charges, including reckless homicide. He served 5 ½ months in jail and 5 ½ years of probation. He had been drinking at an off-track betting facility operated by defendant Quad City Downs. The family of L.M. filed a lawsuit under the Illinois Dramshop Act against Quad City Downs and a separate medical malpractice claim against Rockford Memorial Hospital, alleging that it was negligent in not taking proper take care of L.M.’s bed sore.

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