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$1.1 Million Settlement in Failure to Timely Treat Spinal Fracture

Mr. Doe, age 51, fell at home and injured his back. He went to an urgent care facility, complaining of back pain that did not improve with medication or application of cold or heat.

At the time, Mr. Doe did not complain of numbness and tingling. A doctor diagnosed thoracic back pain and prescribed Ibuprofen and physical therapy.

Two weeks later, Mr. Doe went to his first physical therapy appointment and reported that he had been unable to lie down because of severe pain. The treating physical therapist sent him back to the urgent care facility to be examined.

A physician assistant there noted that Mr. Doe reported pain at a level of 10 out of 10 and that the pain worsened when lying down or during exertion. The physician assistant ordered an x-ray and noted that Mr. Doe had limited range of motion.

After allegedly interpreting the x-ray as showing possible ankylosing spondylitis, the physician assistant advised Mr. Doe to try to resume activities. Ankylosis spondylitis is an inflammatory disease; after a period of time, it can cause smaller bones in the spine to fuse together.

That very day, a radiologist interpreted the film as showing a possible fracture at T11 and recommended that Mr. Doe have a CT scan or MRI. A CT scan was ordered two days later.

While undergoing the test, Mr. Doe felt a pop and immediately lost sensation in his lower extremities. He was rushed to a hospital where testing revealed a fractured T11 vertebrae. The fracture directly caused the injury to his spinal cord. Despite surgery and rehabilitation, Mr. Doe now suffers from paraplegia.

Mr. Doe alleged that the first physician and physician assistant negligently chose not to order a timely CT scan or MRI. Had they done so, Mr. Doe argued, his fracture could have been diagnosed and treated before it led to further damage and the devastation of paraplegia.

Before a jury trial, the parties settled for $1.1 million.

The attorneys successfully handling this case for Mr. Doe were Patrick T. Jones, Ralph Liguori and Richard W. Paterniti.

Doe v. Roes, Confidential docket.

Kreisman Law Offices has been handling spinal cord injury lawsuits, medical negligence cases, orthopedic negligence lawsuits, physician assistant cases, birth injury lawsuits, and catastrophic injury lawsuits 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 45 years in and around Chicago, Cook County and its surrounding areas, including Elmwood Park, Elmhurst, Maywood, Hinsdale, Romeoville, Crestwood, Orland Hills, Tinley Park, Bensenville, Buffalo Grove, Lincolnshire, Lake Bluff, Libertyville, Grayslake, Elmhurst, Lake Zurich, Barrington Hills, Chicago (Logan Square, Hermosa, Belmont Cragin, Irving Park, Albany Park, Lincoln Square, Douglas Park, Jefferson Park, Near South Side, Bronzeville, Hyde Park, Jackson Park, Washington Park, Fuller Park, Back of the Yards, Gage Park, Bridgeport, McKinley Park, Little Village, East Pilsen), Cicero, North Riverside, Berwyn, Broadview and Forest Park, Ill.

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

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