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Articles Posted in Medical Negligence

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Illinois Appellate Court Affirms General Verdict for Defendant in Wrongful Death, Survival Action Case

The Illinois Appellate Court has affirmed the general verdict in a second jury trial. The first jury trial resulted in a hung jury. The plaintiff’s decedent had been admitted at a young age to multiple nursing homes and hospitals with an incurable, fatal neurodegenerative disease. The estate for the plaintiff…

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Illinois Attorneys Have a Duty in Wrongful-Death Actions to Decedent’s Beneficiaries

Leona Smith, the mother of Perry Powell, was appointed guardian of her son’s person but not his estate after a judge ruled that Powell was disabled because of severe mental disability. Powell’s father died, allegedly because of medical malpractice. Attorneys were hired by Smith, who then acted as special administrator…

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Illinois Appellate Court Finds that Witness Affidavit in Contradiction to Sworn Deposition Testimony Cannot be Used as a Basis to State a Claim

On Aug. 7, 2008, Frosini Xeniotis was evaluated by an oral surgeon, Dr. Cynthia Satko. One of Xeniotis’s baby teeth had never fallen out, and her adult tooth had grown in behind it. The result was just simply “not aesthetically pleasing” to Xeniotis. Xeniotis was referred to Dr. Satko by…

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Hospitals May be Held Liable for Negligence In Birth Injury Labor Induction Cases

Often an obstetrician will order levels of medicine to induce labor and the medication may lead to obstetrical malpractice. A treating obstetrician may be found to be negligent by prescribing doses of labor induction medication, such as oxytocin, that may induce or augment labor, but may lead to serious birth injuries…

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Misdiagnosis of Baby’s Meningitis Leads to $1.72 Million Jury Verdict

Three-month-old Emma Takacs developed a poor appetite. She had a fever that was in excess of 103 degrees Fahrenheit. Emma’s mom and dad took her to a hospital’s emergency room where a nurse documented Emma’s abnormal vital signs and fussiness. An emergency department doctor, Duane Siberski, M.D., examined Emma. Dr. Siberski diagnosed an…

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$15.26 Million Jury Verdict for Brain Damaged Patient Caused by Negligent Removal of Tracheostomy Tube

Following an automobile accident, Cody Wade, 17, was hospitalized. The injuries he suffered in the car crash led the hospital’s staff to place a tracheostomy tube to help with Cody’s breathing. A tracheostomy is a surgical procedure in which a doctor creates an opening through the neck to the patient’s windpipe or…

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Asphyxia Can Cause Cerebral Palsy In Childbirth

Birth injury lawsuits are brought because of the catastrophic damage to an infant during or immediately after childbirth. One of the more significant injuries to a baby is cerebral palsy. Cerebral palsy is described as a group of disorders of the development of movement and posture, causing activity limitations that are associated…

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Trial Court Must Exercise Caution in Granting a Motion for Directed Verdict on an Opening Statement

Sandy Parrish, the administrator of the estate of Karen Parrish, filed a wrongful-death and survival action against physician Michael Jones, D.O., and other medical providers. The suit stemmed from what was alleged to be the negligent care of Karen Parrish, resulting in her death.  On Dec. 30, 2004, Parrish was…

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Illinois Appellate Court Reverses Decision Regarding Attorney-Client Relationship in Wrongful-Death Action; Estate of Powell v. Wunsch

Leona and Perry Smith were the co-guardians of the person, but not of the estate, of a profoundly disabled son, Perry Powell. A medical malpractice case was first initiated by Leona Smith related to the death of her husband, Perry Smith, which ended because of alleged legal malpractice. The issue in this…

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Patient Suffers Cardiac Arrest Two Hours After Visit to Doctor; Jury Finds for Patient

The standard cliché is that hindsight is always 20-20, but sometimes that old cliché proves true. Such is the case in the medical malpractice suit involving a man who went to his doctor complaining of indigestion. He was sent home with a prescription for an antacid medication, when he should…

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