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The Illinois Supreme Court unanimously ruled res judicata did not bar Gerald Ward from refiling his voluntarily dismissed lawsuit against Decatur Memorial Hospital. Although the decision of the Supreme Court was unanimous, it was split on the rationale. Ward was refiling a medical-malpractice lawsuit against Decatur Memorial Hospital for negligence that allegedly killed his brother, Clarence Ward.

A Macon County judge granted the hospital’s motion to dismiss the first three versions of Ward’s complaint. All of the orders included permission to replead, and none of the dismissals were “with prejudice,” though some claims were dismissed “without prejudice,” while other counts were asked without being labeled as “with” or “without” prejudice. As Ward fine-tuned the complaint, he abandoned some of the claims.

Shortly before trial was scheduled to start, Ward voluntarily dismissed the lawsuit under Section 2-1009 of the Illinois Code of Civil Procedure and then refiled the case within a year based on code Section 13-217.
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Six days after undergoing hip replacement surgery and rehabilitation, Alice Underwood, 82, was admitted to Victor Valley Global Medical Center for treatment of a urinary tract infection and dehydration. She suffered a surgical site infection while she was hospitalized, which caused her incision to separate.

Underwood underwent surgery to remove necrotic tissue, after which she was sent to a rehabilitation facility. Twenty-six days later, she died of cardiopulmonary arrest and infection. Underwood was survived by her three adult daughters and a son.

The Underwood family, through a daughter, individually and on behalf of the Underwood estate, sued the hospital alleging it chose not to provide wound care to Underwood for 12 days during her hospitalization. The lawsuit also alleged that the hospital’s nurse negligently sent Underwood to the rehabilitation facility without the appropriate and necessary antibiotics.
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Michelle Morrison, a senior account representative in the Alexian Brothers Behavioral Health Hospital’s billing department, sent a woman referred to here as “Jane Doe” and others “vile and shocking” letters on the hospital’s letterhead. Morrison was fired in July 2010 for using the hospital’s computer system for personal searches.

After this incident, Doe filed a lawsuit against the hospital alleging that Morrison’s actions “severely and adversely impacted the health and well-being of the [plaintiff].” Plaintiff claimed that Morrison’s letter was harassing and caused her emotional injuries.”

Morrison was criminally charged and eventually pleaded guilty to felony forgery charges. She testified at her deposition that she took home 50 patient records while she was employed. The hospital denied liability and claimed that Morrison’s “rogue behavior and criminal conduct” was the proximate cause of Doe’s injuries.
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The U.S. Court of Appeals for the Seventh Circuit in Chicago has affirmed the dismissal of a Federal Tort Claims Act lawsuit sounding in medical malpractice filed by plaintiff Anna Chronis. She claimed that in June 2015, when she visited the University of Illinois Mile Square Health Center for her annual physical examination, the pap smear procedure did not detect cervical cancer. However, the procedure allegedly caused an injury, pain and bruising, she claimed.

After her Pap smear procedure, she claimed she tried to follow up with her physician, Dr. Tamika Alexander, but was unable to reach her. The complaint stated that the Health Center did not return Chronis’s calls or allow her to make a follow-up appointment. Chronis filed a written complaint with the health center’s grievance committee, requesting $332 for the expenses that she incurred because of the pap smear injury. But after reviewing her letter complaint, the Health Center rejected her request.

The lawsuit filed in the U.S. District Court for the Northern District of Illinois in Chicago under the Federal Tort Claims Act (FTCA) was dismissed when the district court judge found that Chronis had decided not to exhaust her administrative remedies because she had chosen not to make a sum certain demand to the appropriate federal agency before filing her lawsuit.
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In December 2015, the plaintiff, Michael Burke, who was then 73 years old, underwent a scheduled hernia repair at Northwestern Medicine-Kishwaukee Hospital in DeKalb, Ill.

After this hernia repair surgery, his blood pressure dropped and he complained of severe abdominal pain. Burke’s family asked the surgeon, Dr. Stephen Goldman, to look in on Burke, but Dr. Goldman allegedly said that he would not do so until he was finished with other patients.

At about 6 p.m. that same day, Dr. Goldman performed an exploratory surgery and found Burke’s abdomen was full of blood. An hour later, Burke’s wife noticed her husband had weakness on the left side of his face, he was unable to fully open his left eye, his lip was drooping and his speech was slurred.
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A Texas Appellate Court has held that a trial court had not erred in denying a defendant’s motion to dismiss based on a plaintiff expert physician’s failure to perform the procedure at issue in the case within the last 20 years.

Alice Waggoner sued physician Dr. Carl Jones, maintaining that he breached the standard of care by performing an endoscopic retrograde cholangiopancreatography (ERCP) before running another noninvasive test to determine whether an ERCP was necessary.

Under Texas law, the plaintiff served the defendant with an expert report by Dr. Perry Hookman, a board-certified physician in both internal medicine and gastroenterology.
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Anita Irvin went into the emergency room complaining of swelling and pain in her leg. During that visit, her primary care physician informed the emergency-room physician that she had recently made suicidal ideations.

The emergency-room staff prevented Irvin from leaving the hospital, dressed her in a paper hospital gown, and forced her to turn over her purse and provide blood and urine samples before a counselor could be called to evaluate her.

Irvin sued the hospital for false imprisonment.
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Linda Shelly, 56, suffered from various health problems including hypertension, congestive heart failure and diabetes. When she experienced shortness of breath, she was admitted to a local hospital, where a CT scan revealed a retroperitoneal cyst.

The next day, Dr. Muthiah Thangavelu, a general surgeon, performed surgery to remove the cyst. A subsequent pathology report showed that a portion of Shelly’s ureter was removed during the surgery and was included with the frozen section of the cyst. She was later diagnosed as having a right ureteral injury, a urinoma, and kidney swelling. Urinoma is the result of a breach of the integrity of the pelvis or calices of the kidney or of the ureter. Urinomas are urine collections usually found in the retroperitoneum, most commonly in the perirenal space, as a result of renal tract leakage caused by urinary obstruction, trauma or post-surgery complications.

Despite attempts to save her ureter and kidney over the next two years, she lost a kidney, necessitating dialysis and hastening her death. She was survived by her three adult children.
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After a fall, John Mitchell, 53, went to a Kaiser Permanente occupational medicine specialist complaining of back pain, numbness and weakness. The doctor prescribed steroids and a muscle relaxer and asked Mitchell to return in one week.

At the next appointment, Mitchell reported increased numbness and weakness in his legs. The doctor referred Mitchell to a Kaiser Permanente emergency room for an MRI of his lumbar spine. The MRI showed mild degenerative changes. Mitchell was referred to a neurologist.

Before the neurology appointment, he met with a Kaiser specialist who ordered a STAT MRI of the thoracic spine. The first available appointment was four days later.
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Bradley Metts, who was 9 years old at the time of this incident, was evaluated for severe ear pain by his primary care physician at University Medical Associates. Eight days after the evaluation, Bradley’s condition deteriorated; he developed headache, nausea, vomiting and photophobia. Bradley returned to the clinic where a nurse practitioner described him as being acutely ill.

The medical provider at the clinic ordered various STAT (immediate) blood tests, including an erythrocyte sedimentation rate test and a C-reactive protein test.

Although the lab samples were sent to Athens Medical Laboratory by the mid-afternoon, the results, which were markedly elevated, were not returned for six days.
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