Articles Posted in Disfigurement

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The Illinois Appellate Court for the 4th District affirmed in part, reversed in part and remanded a decision from the Winnebago County Court.

Thomas Rossi, M.D., performed gastric bypass surgery on Cynthia Overstreet. Following that surgery, Overstreet complained of vomiting and nausea. She was hospitalized with neurological symptoms and later went into a coma and never recovered. She suffered from Wernick’s encephalopathy, a swelling of the brain caused by thiamine deficiency.

Overstreet died seven years later. The executor of her estate, First Midwest Bank, filed suit against Dr. Rossi for negligence. After a jury trial, Dr. Rossi was found liable and awarded damages for lost wages, medical bills, loss of normal life, grief, sorrow and mental suffering.
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Maya Cotton underwent a mammogram after she developed a lump in her right breast. The interpreting radiologist allegedly reported that her condition was “probably benign.”

Approximately 16 months later, she was diagnosed as having Stage IIIB breast cancer, which required a bilateral mastectomy, radiation, chemotherapy and hormone therapy.

Cotton sued the radiologist and the radiology group, alleging that they chose not to properly interpret the mammogram, perform an ultrasound and perform a complete examination of her breast lump. The lawsuit claimed that this lack of affirmative action allowed her cancer to spread and become more advanced.
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