Helen Manfredi, 85, underwent right colectomy surgery at Loyola University Hospital because of her colon cancer. She also had a large pre-existing hiatal hernia that was asymptomatic. During the colectomy surgery, the surgeon decided to reduce the stomach organ, but the hernia was not repaired. Four days after the colectomy…
Articles Posted in Medical Malpractice
State Supreme Court Reverses Summary Judgment in Favor of Medical Provider Regarding Expert Medical Witness
Betty Collins appealed from a summary judgment that was entered in favor of the defendants Ricardo Herring D.C. and Herring Chiropractic Center LLC. She filed a lawsuit for damages alleging medical malpractice with respect to the treatment of her knee, shoulder and back pain. Collins’s knee was treated with a…
State Supreme Court Holds that “But For” Test is the Standard for Loss of Chance in Medical Malpractice Cases
This case involved a medical malpractice action for a lost chance. The parties jointly sought direct discretionary review under Washington law, RAP 2.3(b)(4), challenging two pretrial rulings: (1) whether a court should use a “but for” or “substantial factor” standard of causation in loss of chance cases; and (2) whether…
Illinois Courts Bar Retained Medical Experts Who Work at Same Medical Entity as Treating Physician
In the recent Illinois Appellate Court decision of McChristian v. Brink, it was held that the defendant’s attorney, representing a podiatrist and the podiatry clinic, was not prohibited from calling a controlled expert (Ill. S. Ct. Rule 213 (f)(3)) podiatrist to testify at trial when this expert was also one…
Federal Patient Safety and Quality Improvement Act Does Not Preempt State Law on Patients’ Right to Access Medical Records
In an important constitutional issue in this medical negligence and medical records case, the dispute was whether patients in the state of Florida have the right to access records under the Florida Constitution and its Amendment 7, specifically records relating to “adverse medical incidents.” These records are considered privileged and…
$3.9 Million Verdict in Medical Malpractice Case for Failure to Monitor Procedure
George Hand, 63, developed incontinence and a swollen prostate. He consulted with urologist Dr. Gilbert Gonzalez who suggested using transurethral microwave therapy to heat up the prostate and cause it to shrink. During the transurethral microwave therapy procedure, Dr. Gonzalez placed the transurethral device and then left the room. The…
$4.75 Million Settlement Reached for Brain Injured Baby When Hospital Failed to Staff Physician to Handle Chest Tube Placement
On Oct. 30, 2009, J.S. (DOB: 5/7/09) suffered a bilateral tension pneumothorax at the defendant hospital, which resulted in a cardiopulmonary arrest for 23 minutes. A bilateral tension pneumothorax is a medical emergency, and it requires immediate treatment. This 6-month-old child was a post-cardiac surgical patient who suffered from chronic…
Misread Pap Smear Results in $4 Million Jury Verdict After Misdiagnosis of Cervical Cancer
Janice Rowland, 59, underwent a Pap smear that was interpreted as normal. Two and half years later, she developed post-menopausal bleeding and pelvic pain. She then underwent a cervical biopsy. The biopsy led to a diagnosis of metastatic cervical cancer, and she died several months later. Rowland was survived by…
$1.75 Million Jury Verdict for Death of Patient from Septic Shock Following Laparoscopic Surgery
Deborah Larkin, 42, underwent laparoscopic surgery. Over the next two days she complained of severe pain even with the use of medication. Larkin also developed tachycardia, low sodium levels, hypotension and an abnormally high white blood cell count. A kidney physician, a nephrologist, diagnosed sepsis prompting the surgeon to order…
U.S. Court of Appeals Overturns Summary Judgment in Favor of Health Insurer Over Death Following Surgery
The U.S. Court of Appeals for the 7th Circuit in Chicago has overturned a summary judgment order that was entered by a U.S. District Court judge over whether an insurance company, Sun Life & Health Insurance Co. (U.S.), should pay death benefits to the husband of the plaintiff when he…