Chicago Medical Malpractice Attorney Blog

Jury Finds for Doctor in Claim of Cancer Misdiagnosis - Chouinard v. Atkinson

Tue, 31 Jan 2012 12:00:00 -0600

Cancer misdiagnosis lawsuits make up a fair share of medical malpractice lawsuits. However, most of those misdiagnosis lawsuits deal with a delay in diagnosis that results in a fatal outcome for the plaintiff. Whereas in Pamela Chouinard v. Dr. Janis Atkinson, North Shore Pathology Consultants S.C., 08 L 9295, the misdiagnosis claim centered on a false positive cancer diagnosis which led to an unnecessary surgery.

The Illinois medical malpractice lawsuit was brought by Pamela Chouinard following the removal of her thyroid gland. While Chouinard had initially been told the surgery was necessary because she had thyroid cancer, a biopsy taken after the surgery showed her thyroid to be benign and cancer free. Chouinard then sued Dr. Atkinson for misdiagnosing her alleged cancer and causing her to undergo thyroid surgery.

The case begins in July 2006 when 62 year-old Chouinard is found to have an enlarged thyroid gland. In order to determine the cause, she underwent a fine needle aspiration of her thyroid. The results showed multiple nodules on Chouinard's thyroid, including a cold nodule, which is a common sign of thyroid cancer. Based on the thyroid aspiration results, the reviewing pathologist, Dr. Atkinson, entered a positive finding of malignant cancer of the papillary thyroid.

Doctors Successfully Transplant Synthetic Windpipe to Replace Cancerous One

Thu, 19 Jan 2012 12:00:00 -0600

While some doctors are working to create cures for cancer, others are working to create effective solutions to combat the destructive effects of certain types of cancer. Take for example the recent breakthroughs in tissue engineering that allowed doctors to replace the cancerous windpipe of a Baltimore man with a new, synthetic windpipe. While a similar procedure had been performed on a Swedish man, this is the first time an American has undergone such a procedure.

The surgery was possible thanks to the efforts of Dr. Paolo Macchiarini and his colleagues at Sweden's Karolinska Institute. Dr. Macchiarin is the director of the Advanced Center for Translational Regenerative Medicine and has been working in the field of tissue engineering. His goal is to effectively reproduce tissues and organs outside of the body, a field that is undergoing a surge in success thanks to advances in stem cell research.

Christopher Lyles, the 30 year-old Baltimore man who received the synthetic windpipe transplant, had been diagnosed with inoperable tracheal cancer. However, following his transplant surgery, he was quoted telling a New York Times reporter, "I'm just thankful for a second chance at life."

Illinois Nursing Home Safety Act Ramps Up Protection for Elderly

Tue, 17 Jan 2012 12:00:00 -0600

As we enter the short, cold days of winter, we remember the advice our parents gave us as we'd leave the house to brave the cold: bundle up, put on a hat, and zip up your jacket. As we ourselves grow older and become parents, it is important we ensure that our own parents and grandparents receive the best possible care. And while nursing home facilities are created to help facilitate this care, the reality is that not all nursing homes are doing so.

This is why in July 2010, Illinois enacted increased regulations to its Illinois Nursing Home Safety Act (SB3226) (Public Act 96-1372). While Illinois's Nursing Home Care Act was first signed into law in 1979, the 2010 amendments were aimed at increasing the quality of care and regulations for nursing home facilities.

The changes came after a series of articles in The Chicago Tribune highlighted the gross nursing home abuses going on in Illinois' nursing home facilities. Because of overcrowding and understaffing problems, many Illinois nursing home residents were housed with potentially dangerous residents. Many nursing homes were accepting residents with criminal records or mental health diagnoses and housing them alongside geriatric residents without providing adequate security measures. As a result, an increased number of nursing home residents were getting abused, not by the staff, but by fellow nursing home residents.

Nursing Home Settles Lawsuit by Resident's Family for Pressure Sores, Sepsis and Death - $500,000

Thu, 12 Jan 2012 12:00:00 -0600

When a civil lawsuit is settled, both parties can agree on whether or not to disclose various aspects of the lawsuit and subsequent settlement. For example, it is common for high profile cases to include a stipulation that neither party will disclose the specifics of the settlement, leaving the public to guess at the amount and terms of the settlement. However, a recent Illinois nursing home malpractice settlement included more unusual terms: neither party would disclose the names of the other party.

The Cook County nursing home lawsuit arose after an 86 year-old woman developed multiple pressure sores all over her body. Pressure sores are a common problem in many nursing homes and can develop when the nursing home resident is not turned or repositioned often enough. In this particular case, the decedent, who we will call Jane Doe, developed sepsis from the multiple pressure sores around her body and ended up dying ten months later.

Ms. Doe's family brought a nursing home malpractice lawsuit against the unnamed nursing home facility in which they alleged that the nursing home was negligent in that it had failed to develop an appropriate skin care plan to prevent the breakdown of Ms. Doe's skin. In addition, the complaint alleged that the nursing home had failed to reposition Ms. Doe in a timely manner and did not keep her developing wounds clean.

Cataract Surgery Gone Bad Results in Loss of Eye, $684,000 Verdict for Patient - Rieker v. Kristal

Tue, 10 Jan 2012 12:00:00 -0600

A Chicago jury examined the question of what duty of care does a surgeon owe his patients following a surgery in the medical malpractice lawsuit of Marvin Rieker v. Libby Kristal, M.D., 08 L 90 (LaSalle County). For example, is the surgeon required to keep an eye on his patient's care only when he/she is in the hospital, or is he required to be the follow up person for any questions related to the surgery even after the patient has gone home?

The case in question involved a cataract eye surgery that ophthalmologist Dr. Libby Kristal performed on Marvin Rieker. Almost from the start, the 79 year-old Rieker began to experience problems. Following the cataract surgery, Rieker began to complain of pain and redness in his eye. Dr. Kristal attributed Rieker's complaints to the regular side effects of cataract surgery and told Rieker that his eye would take some time to heal.

However, the following day Rieker was still complaining of severe pain and redness that had not subsided. And while Dr. Kristal was out of town, she referred Rieker to an optometrist for evaluation. That optometrist recommended that Rieker be referred to a retinal surgeon within a few days and reported his findings to Dr. Kristal. Dr. Kristal authorized an increase in Rieker's medications and assured Rieker that she would call him the next morning to follow up.

However, Dr. Kristal did not actually call Rieker until mid-afternoon and did not even see him until several hours after that. By then it was too late for Rieker; he had permanently lost his vision in the operated eye. In addition, the extent of damage required that he later have his entire eye removed and replaced with a prosthetic eye. Rieker filed a medical malpractice focusing on Dr. Kristal's alleged surgical error.

Illinois Appellate Court Clarifies Discovery Rule - Mitsias v. I-Flow

Thu, 05 Jan 2012 12:00:00 -0600

In Illinois, the statute of limitations governing civil cases, e.g. medical malpractice, product liability, and personal injury cases, is typically two years. However, the Illinois Appellate Court recently revisited exactly when that two-year statute begins in its analysis of the "discovery rule" as it relates to Mitsias v. I-Flow, 2011 Ill.App. (1st) 101126 (Sept. 23, 2011).

The discovery rule refers to the general rule that the statute begins when a plaintiff knew or should have know about the cause for his injury. The injury in question in Mitsias deals with both a medical malpractice claim and a later product liability lawsuit involving the plaintiff's shoulder surgery. In 2001, Mitsias underwent a shoulder surgery during which a "pain pump" was implanted. However, Mitsias later developed glenohumeral chondrolysis, or destruction of cartilage in her shoulder and joint.

In 2003, Mitsias filed a medical malpractice lawsuit against the surgeon who implanted the pain pump. However, during the course of the medical malpractice proceedings, Mitsias discovered that the source of her shoulder injury might not be a simple case of medical malpractice, but also have a product liability component. Consequently, Mitsias filed a second complaint against the manufacturers of the pain pump alleging that its defects caused her shoulder injury.

Jury Finds for Doctor in Colon Perforation in Bypass Surgery Death - Estate of Dornhecker v. Dr. Applebaum

Thu, 29 Dec 2011 12:00:00 -0600

Despite testimony that a quicker response by a Cook County hospital's staff could have increased a patient's chance of survival by ten percent, a Chicago jury finds in favor of the defendant doctors and hospital. The Cook County medical malpractice lawsuit of Estate of Edward W. Dornhecker, deceased v. Dr. Robert E. Applebaum, SSM Regional Health Services d/b/a St. Francis Hospital & Health Center, 07 L 13665, was brought by the decedent's family after he died of heart surgery complications.

In 2005, Edward Dornhecker underwent coronary artery bypass graph surgery at St. Francis Hospital, now called MetroSouth Medical Center, in Blue Island, Illinois. The surgery was performed by Dr. Robert Applebaum and all reports indicated that the surgery had gone well. However, the next evening, Dornhecker began to experience problems breathing. His oxygenation progressively worsened to the point that he needed to be intubated transferred to the ICU.

Upon his transfer to the ICU at 4:00 a.m., one of the nurses noted a foul-smelling, brown liquid coming from the decedent's chest. The liquid was coming from the area from where a chest drainage tube had been removed the prior morning. The nurse called the on-call cardiologist and pulmonologist to report a "foul-smelling fecal matter" oozing from Dornhecker's chest. However, it was not until Dr. Applebaum arrived at the hospital hours later that anything was done.

Radio Health Journal Interviews Attorney Robert Kreisman, “Do Women Make Better Doctors?”

Tue, 27 Dec 2011 12:00:00 -0600

According to a recent survey in the Journal of the American Medical Association, male physicians age 55 or older are twice as likely to be sued for medical negligence as younger women doctors. This survey and other similar findings are the basis of a recent program on Radio Health Journal - "Do Women Make Better Doctors?"

In order to get the perspective of the legal community on whether or not females in fact make better doctors, Radio Health Journal interviewed Chicago medical malpractice attorney Robert Kreisman. Kreisman explained that in his experience, most medical malpractice lawsuits arise out of a failure to communicate between the patient and physician. While sometimes this communication failure might simply result in the patient feeling negatively about his medical care, in other instances it could lead to a misdiagnosis or medical negligence.

Kreisman generalizes that "most times that I've heard from potential clients about a physician that they feel chose not to communicate well with the patient or family, it tends to be a male." However, the show also suggests that perhaps more male doctors are being sued not because women are necessarily better doctors, but for other reasons. For example, traditionally men have dominated high-risk medical fields, such as surgery or obstetrics, while women have generally remained in fields that don't get sued as often, like pediatrics or family practice.

Jury Finds for Nurse in Patient's Claim of Inadequate Monitoring, Leading to Central Spinal Cord Syndrome - Murray v. Price-Gordon

Thu, 22 Dec 2011 12:00:00 -0600

In medical malpractice lawsuits, documentation is key in proving both the plaintiff's and defendant's cases. A jury is much more likely to believe what is documented in the chart than testimony that is generally provided several years after the alleged medical malpractice took place. However, when something is not documented in the chart, then it is up to both parties to convince the jury that their version of the events is true.

In the Illinois medical malpractice lawsuit of Dolores Murray v. Diane Price-Gordon, R.N., 06 L 9083, the plaintiff was unable to convince the jury that the defendant nurse had acted negligently. Instead, the jury sided with the defendant and her version of the events despite the lack of support provided by the medical chart.

In Murray, the plaintiff claimed that the defendant nurse's failure to monitor the plaintiff's vital signs led to her permanent upper extremity paralysis. However, the nurse maintained that she had properly monitored and observed the plaintiff and that her actions were not responsible for the plaintiff's paralysis. While the plaintiff relied more on the lack of documentation in the medical chart, the defendant relied more heavily on medical experts' testimony to prove her case.

Jury Awards $125,000 for Toxic Dose of Lithium - Donovan v. Dr. Huh

Tue, 20 Dec 2011 12:00:00 -0600

The patient-physician relationship is built on trust - the patient trusts that his doctor is acting within the standard of care and the physician trusts that the patient is following his orders. In the Illinois medical malpractice case of Mary Catherine Donovan v. Dr. John Huh, et al., 02 L 16318, both parties argued that the other violated this mutual trust. The plaintiff argued that the defendant doctor acted negligently, while the doctor argued that the plaintiff failed to follow his medical advice.

Donovan arose after the plaintiff, 19 year-old Mary Catherine Donovan, developed lithium toxicity. The defendant psychiatrist, Dr. John Huh, had prescribed Donovan lithium for her bipolar disorder. This in itself was not unusual. Lithium is often prescribed to treat patients with bipolar disorder due to its ability to reduce the frequency and severity of bipolar depression.

However, lithium carries with it some fairly serious side effects, including muscle weakness, sudden hair loss, poor concentration, drowsiness, vomiting, and diarrhea. In order to prevent these serious side effects, physicians regularly monitor the levels of lithium in a patient's blood stream, adjusting the dosage as necessary. However, in the case of Donovan, Dr. Huh failed to obtain regular blood draws, thereby missing the warning signs that Donovan was developing lithium toxicity.

Jury Verdict for Doctor for Screw Allegedly Misplaced During Lumbar Fusion - Nyquist v. DuPage Neurosurgery, S.C.

Tue, 13 Dec 2011 12:00:00 -0600

In order to prove medical malpractice occurred, the plaintiff's attorney needs to show not only the plaintiff experienced a poor medical outcome, but that it was directly caused by medical negligence. In the Kane County medical malpractice lawsuit of Melissa Nyquist v. Dr. Taras Masnyk and DuPage Neurosurgery, S.C., 06 L 421, the plaintiff's attorney was unable to convince the jury that the plaintiff's medical complications were caused by the defendants' negligence.

The case facts centered on a spinal surgery the 34 year-old plaintiff had undergone at Central DuPage Hospital. Melissa Nyquist required a lumbar back fusion for a herniated disc at the L4-5 level. As part of the surgery, Dr. Taras Masnyk inserted four metal screws into the plaintiff's spine. The screws were needed to stabilize the spine and fix the fused vertebrae in place.

However, following the spinal fusion, Nyquist began to experience foot drop in her right foot. A CT scan was taken to try and identify the underlying neurological problem that might be causing the new symptom. The radiology results showed that the surgical screw placed at the right L4-5 area had breached the medial wall and was actually extending into the spinal canal. And while the offending screw was removed the next day, Nyquist continued to experience right foot drop, along with lower back pain and sciatica, i.e. leg pain.

Doctor, Nurse and Nursing Home Acquitted in Cook County Criminal Abuse Case

Thu, 08 Dec 2011 12:00:00 -0600

In order to prove medical negligence, a plaintiff needs to demonstrate that the doctors or nurses operated outside of the standard of care, i.e. the regular level of care required in a given situation. If the plaintiff fails to demonstrate that the doctors or nurses acted outside the normal standards, then the court will likely rule that there was no medical negligence even if faced with a negative medical outcome.

Take for example the nursing home negligence case of Attorney General of Illinois v. Westwood Manor, et al. The case was brought by the Illinois Attorney General's Office after an elderly resident at Chicago's Westwood Manor nursing home facility died from burn-related injuries. The 81 year-old resident had received second and third degree burns after being bathed by one of the nursing home's nurses. The case was complicated by the fact that there was over a two week delay in treating the burns. As a result of the burn injury, both of the nursing home resident's legs needed to be amputated and she died less than three months later from related complications.

Appellate Court Affirms Denial to Transfer Medical Malpractice Case From Cook County to Kankakee County - Isom v. Riverside Medical Center

Tue, 06 Dec 2011 12:00:00 -0600

A Cook County judge denied a defendant's motion for a change of venue in an Illinois wrongful death case despite the fact that several defendants and witnesses did not live in Cook County. And even though the trial judge did deny the venue change, he expressed his discomfort with the lack of clear guidelines when deciding venue. Despite this apparent confusion, the appellate court affirmed his decision in Susan Isom v. Riverside Medical Center, et al., No. 1-11-0426.

The case at issue in Isom dealt with a wrongful death lawsuit filed by Susan Isom on behalf of her late son, Tyrone Brooks. According to Isom's Cook County lawsuit, Brooks's death was due to the failure of the defendant doctors and clinics to diagnose Brooks's sickle cell anemia. The alleged medical malpractice or the validity of the estate's wrongful death claims were not the issue of the appellate court's appeal; the court was simply examining whether Cook County was the correct venue for the claim.

The appellate court noted that the determination regarding a case's venue is at the discretion of the trial court, which must consider both public and private interest factors when deciding the issue of venue. The court noted that the relevant private factors include the venue's convenience to the parties, the ease of access to sources of evidence in that venue, and any other practical problems. Public factors would then include the interest in deciding controversies locally, the burden of imposing expenses on forums with little connections to the controversy, and docket congestion.

Brain Scan Study Reveals Where Pain Lies

Thu, 01 Dec 2011 12:00:00 -0600

A recent Wall Street Journal article focused on new developments in research on how our brain reacts to pain. The article revealed that new research has demonstrated that we have a lot of control over how we interpret pain and that new methods are being developed to try and train our brains to feel less pain, especially in the case of those experiencing chronic pain.

For example, Stanford University's Neuroscience and Pain Lab has conducted studies where subjects watch their own brain scans while reacting to pain. Researchers then work on training the subjects to focus on something else instead of the pain. Distracting oneself from the pain lessens our perception of the pain and in essence takes some of the pain away. The more the subjects work at re-evaluating their pain, the less interference the pain had in their day to day lives.

This idea of refocusing one's attention away from the pain has been used by laymen for years. When a child falls and hurts himself, his mother might try to distract him from his cuts and scrapes with a special treat. Or having women in labor focus on breathing techniques to try and remain calm through the pain. So while this research might seem obvious to many, it is only recently that researchers are studying the underlying science and figuring out new ways to apply these findings to pain therapy.

Jury Verdict for Plaintiff Over Institutional Negligence Where Hospital Lacked Policy About Patient Notification of Revised Reports - Salinas v. Advocate

Tue, 29 Nov 2011 12:00:00 -0600

A Chicago man sustained a worse medical injury as a result of a radiologist's error. And while the resulting medical malpractice case settled, the plaintiff brought an additional institutional negligence lawsuit against the hospital. The second lawsuit, Oscar Salinas v. Advocate Health and Hospital Corp., 09 L 3233, went to trial, where the jury entered an $150,000 verdict against the defendant.

Both lawsuits arose as a result of a visit the plaintiff, Oscar Salinas, made to Dr. Jose Ramillo, a radiologist at Advocate Christ Hospital. Salinas was a 40 year-old forklift operator and had injured his knee at work. After taking an x-ray of Salinas's knee, Dr. Ramillo diagnosed Salinas's injury as water on his knee, i.e. a fluid build up around the knee joint, and discharged him.

However, a few days later Dr. Ramillo reviewed Salinas's x-rays at the request of another physician at Advocate Christ Hospital. Upon second review, Dr. Ramillo revised his original diagnosis and entered a revised report stating that Salinas had a hairline fracture. However, neither Salinas or his physical therapist were never informed of this change in diagnosis and subsequently did not modify his treatment; Salinas continued to apply weight-bearing pressure to his injured leg.

After Salinas completed his physical therapy treatment, he underwent an MRI to determine why he was still having knee pain. The MRI revealed that the previously hairline fracture had expanded to a 2 cm. fracture. So instead of being a minor, easily treatable injury, Salinas had to undergo an open reduction internal fixation (ORIF) surgery and additional physical therapy. As a result, he lost additional time from work, which amounted to $10,000 in lost wages.