Howard Kinch was 34 when he underwent a laparoscopic cholecystectomy performed by general surgeon Dr. Christopher Touloukian. One week after the surgery, Kinch was re-hospitalized and diagnosed as having bile in his abdomen.

Kinch was transferred to another hospital so that he could receive an external drain. The drain mechanism later dislodged, which led to the development of sepsis that required a procedure to reinstall the drain. He now must have numerous drain replacement procedures every year and requires daily flushing of this device.

Kinch and his wife sued Dr. Touloukian and his employer alleging that the doctor transected the common hepatic bile duct during the surgery and chose not to adequately visualize the surgical field.
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A Mississippi State Appellate Court has reversed a dismissal of a lawsuit that claimed the defendant physician, Dr. Terry Millette, misdiagnosed Debra Green as having multiple sclerosis (MS). As the lawsuit was filed after the applicable state’s one-year limitation, the defendant moved to dismiss, which was granted by the trial court.

Green, a patient of physician Dr. Terry Millette, developed memory problems and an unsteady gait. She began to suffer frequent falls. Green underwent an MRI, which led Dr. Millette to diagnose multiple sclerosis. One year later, in November 2016, after she had been taking medication for MS, Singing River Hospital sent her a letter stating that questions had been raised about Dr. Millette’s medical practices. The letter urged her to obtain a re-evaluation of her diagnosis and treatment plan.

Early in the following year, 2017, Green was evaluated by a new doctor. The doctor told her in May 2017 that she did not have MS. Green sent Singing River Health System a pre-suit notice of claim in January 2018 and filed a medical malpractice suit in May 2018.
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In March 2014, plaintiff Dawn Verci filed a negligence lawsuit against defendants Michael High and International Union of Operating Engineers, Local No. 649. She claimed that as a result of the defendants’ negligence, she was injured and underwent medical treatment that cost more than $1 million.

The majority of her medical charges were from Dr. Richard Kube of the Prairie Spine and Pain Institute and the Prairie Surgicenter. The reasonable value of these medical services provided by Dr. Kube was a major issue of contention.

In January 2019, the trial court entered an order (1) prohibiting defendants from cross-examining Kube for his associated medical entities regarding their own cash advertised pricing at trial and (2) allowing defendants’ billing expert, Rebecca Reier, to testify at trial regarding her opinions on the reasonable value of Kube’s medical services.
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Beekman Youngblood, M.D., is a board-certified anesthesiologist who appealed a circuit court judgment entered on a jury verdict in favor of Anthony Martin, as personal representative of the estate of Lanesha Martin.

On May 25, 2006, Lanesha Martin underwent outpatient sinus surgery at Vaughan Regional Medical Center. During that surgery, she was administered general anesthesia and was intubated (i.e., an endotracheal tube was inserted into her throat to help her breathe).

After the surgery, she developed pulmonary edema while in the post-anesthesia care unit and began experiencing problems with her oxygen saturation.
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Gloria Tirado and Christian Tirado were plenary guardians of Gina Gutierrez, who brought a medical malpractice case against Drs. Konstantin Slavin and Gerald Oh. In the suit, it was alleged that the doctors negligently performed spinal surgery on Gutierrez and were negligent in their follow-up care.

In answer, Dr. Slavin raised an affirmative defense of contributory negligence for Gutierrez’s failure to seek treatment and follow medical advice. The case went to a jury trial and during plaintiffs’ closing argument, Dr. Slavin and his counsel came to the aid of a suddenly ill juror.

The plaintiffs moved for a mistrial the following morning, which the trial court denied. The trial court then entered judgment on the jury’s verdict in favor of Dr. Slavin and denied plaintiffs’ motion for a new trial. An appeal was taken in which the Illinois Appellate Court affirmed the entry of judgment in favor the defendant physicians.

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As Clare Linzell’s parents became concerned about her repetitive behaviors and attention span, they asked a neurologist, Dr. Yassar Awaad, to examine their 4-year-old daughter. Dr. Awaad is a pediatric neurologist.

Dr. Awaad conducted several EEGs, diagnosed epilepsy, and prescribed anti-seizure and anti-depressant medications.

The epilepsy treatment continued for years until another doctor diagnosed Clare as having an autism spectrum disorder, not epilepsy.
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William Andrews, 46, suffered from orthopedic injuries, including a hip fracture that he suffered in an ATV crash. He went to a hospital emergency room where he was placed in a knee immobilizer and was instructed to stay non-weight bearing. At a later doctor’s appointment with an orthopedist, he was diagnosed as having a fractured wrist and was referred to an orthopedic surgeon, Dr. Jeffrey Gelfand.

Several days later, Dr. Gelfand met with Andrews and his wife who informed the doctor of Andrews’s hip fracture and immobility. Dr. Gelfand recommended that Andrews undergo surgical repair of the wrist fracture. This was scheduled for approximately ten days later.

Andrews remained immobile before the surgery and did not leave his house. The morning of the wrist surgery, Andrews’s wife found him on the floor of their bedroom, where he had died. The later autopsy showed that Andrews had died from a saddle pulmonary embolism.
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Hope Johnson, 20, was a student who was considering hormonal birth control. In doing so, she underwent a blood test to determine whether she was at risk for blood clots. Although the test for Factor V Leiden was positive for a clotting mutation, Johnson’s treating ob/gyn told her that her Factor V Leiden results were normal.

About one month later, after starting birth control pills, she went to Auburn Urgent Care complaining of shortness of breath, chest pain, cough, headache and sore throat. She told the staff there that she was taking birth control pills. Dr. Zenon Bednarski, the owner and supervising physician of the clinic, diagnosed Ms. Johnson with pneumonia and bronchitis after an X-ray was taken. The doctor prescribed an antibiotic and sent Johnson home to return only if her condition worsened.

Ms. Johnson returned to the clinic two days later when her chest pain and shortness of breath became much worse. She reported these symptoms to newly hired Dr. David Willis who ordered a CBC (complete blood count), which showed an oxygen saturation level of 91. Dr. Willis performed no physical exam. He was unable to access Johnson’s medical chart from the previous clinic visit, diagnosed a high white blood count and shortness of breath and prescribed an inhaler. The very next day, Hope Johnson died of massive pulmonary emboli. She was survived by her parents and two siblings.
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Ms. Doe, 52, went to a hospital emergency room complaining of abdominal pain. She underwent an ultrasound and was diagnosed as having gallstones. Dr. Roe, a general surgeon, performed a laparoscopic cholecystectomy, during which the doctor encountered an unusual amount of bleeding. The surgeon converted to an open procedure where it was revealed that Ms. Doe’s common bile duct had been clipped and transected. This is the surgical procedure when removing a patient’s gallbladder becomes necessary.

Ms. Doe was transferred to another facility where she underwent emergency surgery to repair injuries to her common bile duct, the hepatic duct and right hepatic artery. Ms. Doe was hospitalized for ten days and the recovery took several months.

Ms. Doe continues to suffer discomfort and pain. She sued Dr. Roe, alleging that the doctor negligently did the laparoscopic surgery by misidentifying bodily structures for cutting. Continue reading

When Lana Burton went in for a routine mammogram and later developed a lump in her breast, she went back for another mammogram and an ultrasound. The radiologist, Dr. Sanford Limpkin, interpreted the mammogram and ultrasound as being normal.

Fifteen months later, she was diagnosed as having triple negative cancer of the right breast. She underwent a mastectomy, chemotherapy and radiation. Sadly, she died within three years. Burton was 56 when she passed away; she was survived by her husband and adult daughter.

The Burton estate sued Dr. Limpkin and his employer, Advanced Radiology, alleging that they chose not to timely diagnose and treat breast cancer. The Burton family asserted that Burton’s mass was observable on the second set of tests that were done and that Burton should have therefore undergone spot compression imaging.
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