$3.55 Million Settlement in Failure to Obtain Neurology Consultation

Ms. Doe, age 73, fell and fractured her hip. She underwent hip surgery performed by Dr. Roe, an orthopedic surgeon at an area hospital. The next day, Ms. Doe was able to bear weight, and her sensory examination allegedly was normal.

A day later, however, Ms. Doe developed leg weakness. Dr. Roe allegedly evaluated Ms. Roe as did a hospitalist, who ordered a neurology consultation. Dr. Roe also ordered a STAT CT of the lumbar spine, and a radiology group interpreted as showing no fracture.

The day after that, Ms. Doe underwent a STAT MRI, which revealed spinal hematoma. Despite the surgery, Ms. Doe was left with paralysis.

Ms. Doe sued the hospital, Dr. Roe, the hospitalist and the radiology group. Ms. Doe asserted that the hospital chose not to contact a neurologist for an urgent consultation and failed to perform an MRI timely. The lawsuit against Dr. Roe alleged a failure to timely order an MRI despite the negative CT findings and obtain a timely neurology consultation.

Ms. Doe claimed the hospitalist chose not to follow up on the order for a neurology consultation. Finally, Ms. Doe asserted in the lawsuit that the radiology group had misread the CT scan and failed to recommend that she undergo an MRI of the lumbar spine.

Before beginning with a jury trial, the parties settled for approximately $3.55 million. The hospital contributed $1.9 million; Dr. Roe contributed $875,000; the hospitalist contributed $750,000; and the radiology group contributed nearly $30,000.

The attorneys who successfully handled this matter for Ms. Doe were Michelle B. Hemesath and Benjamin T. Ikuta.

Doe v. Roes, Confidential Docket No. (Cal. Super. Ct. Los Angeles County).

Kreisman Law Offices has been handling medical negligence lawsuits, neurology negligence cases, hospital negligence lawsuits, and physician negligence cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 49 years in and around Chicago, Cook County and its surrounding areas, including Lincolnwood, Elmwood Park, Rosemont, Wood Dale, Elmhurst, Cicero, Bedford Park, Summit, Forestview, LaGrange, Western Springs, Olympia Fields, Oak Park, Chicago (West Town, Austin, Humboldt Park, Belmont Cragin, Lakeview, Uptown, Rogers Park, Edgewater), Park Ridge, Des Plaines, Morton Grove, Skokie and Elk Grove Village, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.