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Chicago Medical Malpractice Attorney Blog

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State Appellate Court Finds Expert Report Sufficient in Medical Negligence, Wrongful Death of a Child from Bacterial Infection

A Texas state appellate court has held that a plaintiff expert’s report was adequate in a case brought by the parents whose child died after receiving inadequate treatment for a respiratory infection. Luz Del Carmen Rodriguez and Victor Velazquez took their infant son to the office of a pediatrician, Dr.…

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$13.95 Million Jury Verdict for Late Diagnosis and Treatment of Child’s Embolic Stroke

Latosha Evans, 17, a heart transplant recipient, went to Children’s Hospital to undergo a cardiac catheterization to correct a fractured stent in her ascending aorta. After this procedure, which lasted approximately three hours, Latosha was transferred to the facility’s post-anesthesia care unit. A report from a neurology consultation allegedly wrote…

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$887,000 by Arbitration for Wrongful Death, Late Diagnosis of Breast Cancer Patient

Ms. Doe, 47, had a family history of breast cancer. When she discovered a mass in her right breast, she consulted with Dr. Roe, a family practice physician. The doctor aspirated the mass with an 18-gauge needle but did not send the aspiration collection to cytology for analysis. Cytology is…

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$1.8 Million Wrongful Death Settlement for Failure to Diagnose Pulmonary Embolism

Ms. Doe, age 43, was hospitalized and treated for sepsis after she underwent laparoscopic surgery. Shortly after her release from the hospital, Ms. Doe experienced severe shortness of breath, tachycardia and lower back pain. Ms. Doe met twice with Dr. Roe, an infectious disease specialist, who ordered a chest X-ray,…

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Illinois Appellate Court Finds That Physician and Pharmacy Have No Duty to Warn of Medical Risks Associated With Long-Term Use of Reglan

The plaintiff, Stephan Urbaniak,was prescribed and took a drug called Reglan for six years. He developed severe movement disorders. The prescribing physician, Dr. John Ross, admits that he was unaware of the risk of developing these movement disorders from long-term use of this prescription drug. By operation of the “learned…

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Illinois Appellate Court Affirms Jury Verdict Ruling that Defendant Doctor’s Closing Argument Comments Did Not Cause Substantial Prejudice

After Ernestine Wilson’s 23-year-old son Brian Curry died from a saddle pulmonary embolism (a blood clot that blocked the large pulmonary artery straddling his lungs), she sued emergency room physician Dr. Eric Moon and Chicago’s St. Bernard Hospital. She claimed that the doctor was negligent in choosing not to diagnose…

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Illinois Appellate Court Reverses Decision that Party Can Change a Testifying Expert to a Non-testimonial Expert

In August 2013, Alexis Dameron underwent surgery at Mercy Hospital and Medical Center where she claimed to have sustained injuries due to medical negligence. She filed a medical malpractice case against Mercy and various employees at the hospital on Nov. 6, 2014. During discovery, she disclosed that Dr. David Preston…

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Illinois Supreme Court Dismisses Interlocutory Appeal Regarding Claim of Unconstitutional State Law

This interlocutory appeal to the Illinois Supreme Court was dismissed. A supervisory order was entered remanding the case back to the trial court. The plaintiff in this case filed a wrongful death and survival action lawsuit alleging medical malpractice of the defendant Union Health Service. The defendant alleged immunity under…

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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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U.S. Court of Appeals Reverses Summary Judgment in Conflict Over Medical-Malpractice Insurance

The United States Court of Appeals for the Seventh Circuit of Chicago held that a prior acts exclusion under an insurance policy issued by a professional liability insurer to a medical-practice insurer excluded coverage. The exclusion was ruled legal only if the medical-malpractice insurer committed an actual wrongful act, not…

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