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Articles Posted in Federal Civil Procedure

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Federal Wrongful Death Medical Malpractice Lawsuit is Dismissed Holding Attending Physician Not Vicariously Liable

The family of a man who died of a heart attack while hospitalized after an appendectomy was held not to have a viable medical malpractice case against the attending physician. In July 2017, Timothy Dobine, 43, died while under the care of medical staff at West Suburban Medical Center in…

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$650,000 Settlement for Failure to Diagnose Sinusitis

Doe was a toddler when taken to MetroSouth Medical Center suffering from a three-day history of fever, headache and eye symptoms. Doe had an elevated heart rate and blood pressure at the hospital. The child was allegedly discharged with a diagnosis of fever and ringworm with instructions to follow up…

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U.S. District Court Declines to Rule Unconstitutional the Illinois Prejudgment Interest Act

A federal district court judge in Chicago declined to stay the prejudgment interest in a medical malpractice case, reaching a similar conclusion given by another federal judge in this highly anticipated ruling. In a written opinion recently published, U.S. District Court Judge Steven C. Seeger declined to rule on the…

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U.S. Court of Appeals for the Seventh Circuit Confirms the Dismissal of a Claim of “Patient Dumping”

An Indiana University Hospital did not violate a law prohibiting patient dumping when it sent a woman suffering from severe abdominal pain to another facility to have dying portions of her intestines removed. The U.S. Court of Appeals for the Seventh Circuit in Chicago declined to revive the lawsuit that…

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U.S. District Court Upholds $6.2 Million Judgment in Medical Negligence Lawsuit for Judgment that was Entered Three Days Before Plaintiff Died

A federal trial judge has upheld a $6.2 million award by the presiding trial judge for a man permanently disabled because of medical negligence at a veteran’s hospital even though the man died three days after the judgment. Wesley Jordan’s daughter and state administrator, Katherine J. Henry, sued the United…

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$1.95 Million Recovery for Late Diagnosis of Squamous Cell Carcinoma

Gerald Culhane went to his primary care physician at Buffalo Veterans Administration Medical Center, complaining of a lump in his neck over a three-month period. A CT scan was reviewed by a radiologist as being unremarkable. Culhane was told that he did not require a follow-up. About a year and…

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U.S. Court of Appeals for the Seventh Circuit Reverses Defendant’s Leave to File Affirmative Defense Long After the Statute of Limitations Had Run

Almost seven years into this lawsuit, after discovery had been closed and with a summary judgment deadline looming, the defendants in this case, Dr. Partha Ghosh and Wexford Health Sources Inc., raised the affirmative defense of res judicata for the first time. This was an unexpected motion to dismiss an…

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U.S. Court of Appeals Confirms Dismissal of Medical Malpractice Lawsuit Brought for Failure to Diagnose and Treat Stroke Symptoms

Dennis Davis, an Illinois prisoner suffering from kidney disease, received dialysis on a Saturday. He later told the prison nurse that his mind was fuzzy and his body was weak. Both of these complaints were similar to other side effects he had experienced in the past after dialysis treatment. The…

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U.S. Court of Appeals Affirms Dismissal of Medical Malpractice Case for Failure to Exhaust Administrative Remedies Under Federal Tort Claims Act

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…

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U.S. Court of Appeals Affirms $15 Million Jury Verdict for Misdiagnosis of Cancer by Radiologist

This case arises out of a medical malpractice lawsuit alleged to have been prompted by the negligence of a radiologist. Courtney Webster had a CT scan performed at CDI Indiana LLC‘s diagnostic imaging facility. The radiologist, an independent contractor hired by Medical Scanning Consultants, missed identifying and diagnosing the cancer,…

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