Justia Lawyer Rating for Robert D. Kreisman

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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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In January 2007, J.F. underwent a splenectomy, which is the removal of the spleen, at the University of Illinois Medical Center at Chicago. J.F. had a condition known as idiopathic thrombocytopenic purpura (ITP), which is a blood disorder managed by steroid use. Reportedly more than two-thirds of the ITP patients who undergo a splenectomy achieve satisfactory remission to the blood disorder.

In this case, the attending surgeon opted to use the daVinci Robotic Surgical System, a minimally invasive surgical procedure, rather than a standard method of removing a spleen. Dr. Galvani, one of the co-surgeons, was assisted by a surgical fellow and a surgical resident. During the surgery, there was an incidental finding of severe liver cirrhosis, a disease of the liver.

Following the surgery, 49-year-old J.F. began showing signs of infection. The family alleged in their lawsuit that the surgeons punctured the duodenum during the surgical procedure. Six days later, Dr. Salti performed an exploratory laparotomy and discovered 1.5 liters of infectious pus inside the abdomen of J.F. But there was no detection of the hole.

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In 2007, Y.H., an 11-year-old child, was admitted to the University of Illinois Medical Center in Chicago. He was vomiting and had a history of propionic acidemia, an inborn metabolic disorder that causes acids to accumulate in the body and can lead to brain damage and heart problems.

Children with propionic acidemia may not survive to adulthood, but survival is varied. Y.H. was managed since infancy by a pediatric geneticist and was doing well as a fifth grader.

The defendant, 28-year-old Dr. Jain, was a third-year resident in pediatrics at the University of Illinois Medical Center when she first saw Y.H. She did a history, physically examined him and consulted with another pediatric geneticist to work out a plan of care.

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Often surgery is seen as a last resort in medical treatment; doctors usually turn to performing an operation only if no other option exists. This is because surgery itself is not only risky, but can also lead to a wide range of additional complications. Doctors often opt for the least invasive surgery possible in an attempt to minimize the risk of complications. However, the McHenry County surgical malpractice lawsuit of Douglas Andrews v. Marshall E. Pederson, M.D., et al., 05 LA 180, claimed that the defendant surgeon instead performed a more invasive surgery than was necessary.

The Illinois medical malpractice lawsuit was brought by the 59-year-old plaintiff against his surgeon and his medical group, Dr. Marshall Pedersen and Fox Valley Neurosurgery, Ltd., respectively. The plaintiff, Douglas Andrews, a former Illinois State Police trooper, claimed that Dr. Pedersen performed an unnecessary spinal surgery that resulted in additional back problems.

Mr. Andrews, had originally presented to Dr. Pedersen with a herniated disc that was radiating pain down his leg. Dr. Pedersen recommended that Andrews undergo an extensive spinal fusion surgery, which he then performed on Andrews. However, this type of surgery is often done as a last resort for persistent back pain. A spinal fusion involves permanently fusing together vertebrae, which not only limits a patient’s mobility, but can also lead to additional back pain because of the increased pressure put on the other areas of the spine.

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The journal of Science Translational Medicine published an article describing the surgical procedure developed at Northwestern Memorial Hospital regarding organ transplantation. The article, co-authored by Dr. Joseph Leventhal, a surgeon at Northwestern, said the new organ transplant procedure would help eliminate the need for numerous medications that individuals must take to prevent the body’s immune system from rejecting a new organ.

The reported study described the procedure in which a recipient’s immune system accepts a mismatched organ, even one with a high rate of rejection, from a donor who is unrelated. Those kinds of organ donors represent the majority of the roughly 28,000 organ transplants each year in the United States.

In traditional organ transplant procedures, recipients take medications for the rest of their lives to prevent the body’s immune system from rejecting the organ.

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A Cook County jury has found in favor of internist Dr. Sanjeev Joshi in a claim for an undiagnosed pulmonary embolism resulting in the death of K.R. K.R. presented to her internist, Dr. Joshi, at his Suburban Heights Medical Center office in Chicago Heights, Ill., on March 3, 2003. Her principal complaints consisted of an extended period of shortness of breath, dizziness and vaginal bleeding.

Dr. Joshi ordered a blood draw in his office, which revealed a severely low hemoglobin level at 7.6. Because of the blood level, K.R. was admitted to St. James Hospital in Chicago Heights for testing, observation and blood transfusions. During the 23-hour hospitalization, K.R. was evaluated by an obstetrician/gynecologist who ordered Depo-Provera in an attempt to stop her vaginal bleeding.

K.R.’s condition improved after receiving blood transfusions, but she died of a massive saddle pulmonary embolism four days later.

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