In a case being reported with a confidentiality agreement, Doe, age 15, developed a mass on the bone of her left middle finger, for which orthopedic surgeon Dr. Ronald Hillock recommended surgery. During the outpatient procedure, Dr. Hillock used a latex Penrose drain to place a tourniquet around Doe’s finger.…
Chicago Medical Malpractice Attorney Blog
Traumatic Brain Injury Caused by Unnecessary and Improper Intubation by Paramedics
Kelly Wolfe was 56 years old when he was involved in a motorcycle crash. Paramedics from the city of Grand Prairie arrived at the crash location where they found him alert and breathing regularly. The paramedics attempted unsuccessfully to intubate Wolfe. The paramedics undertook the intubation even though Wolfe told…
U.S. Court of Appeals Affirms $2.1 Million Judgment in Metal-on-Metal Hip Replacement Case
This case concerned the first of over 500 cases regarding the Wright Medical Conserve “metal-on-metal” hip replacement device designed and manufactured by the defendant. The plaintiff filed a products liability suit alleging, among other things, that the defendant was liable for design defects based on strict liability and negligence. On…
Illinois Appellate Court Rules that Affidavit of Merit Required for Athletic Trainer’s Negligence
The Illinois Appellate Court has ruled that the guardians of a seriously injured student football player must include a supporting statement from a health care professional to proceed with the case. The guardians had claimed in a lawsuit that a physical and sports-injury therapist provided improper care that caused or…
$29 Million Jury Verdict for Misdiagnosed Neurological Disorder that Caused Catastrophic Brain Damage and Paralysis
A Springfield, Mo., jury signed a verdict for $28.9 million for a 24-year-old woman who sustained a devastating brain injury caused by a rare copper disorder. The lawsuit, brought in Greene County, Mo., claimed that a local hospital’s medical staff chose not to correctly diagnose and treat Emilee Williams’ symptoms. In fact,…
Cook County Jury Finds in Favor of Hospital in Death of Patient in Colon Surgery
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…
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…