Articles Posted in Emergency Room Errors

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Doe, 49, experienced severe back and shoulder pain. He went to an ER where he was administered pain medication. His pain remained severe over the next eight hours. Although blood work showed evidence of a serious infection, Doe remained in the ER waiting to be transferred to a floor.

Earlier the same night, Doe told the nurse that he could not raise his right hand. He underwent a CT scan, which showed abnormal fluid collection in the retropharyngeal area. These findings were reported to the treating ER doctor. Several hours later, Doe underwent an MRI. Shortly after the MRI, Doe suffered cardiac arrest. He died later that night. He was survived by his wife and two minor children.

The lawsuit against the treating physician and physician assistant alleged that they chose not to diagnose timely and treat Doe’s infection. The estate of Doe alleged that he had suffered from an undiagnosed staph infection, which began as an abscess in his retropharyngeal region. It was alleged that had Doe been administered antibiotics, he would have survived.
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Saalik Ziyad, 40, had been diagnosed with congestive heart failure. He was received at the emergency department at Advocate Trinity Hospital in Chicago where he was seen for sepsis and an abscess. An ECG was read as borderline, and he was admitted to the intensive care unit (ICU).

A nephrologist, Dr. Branislav Marcic, accepted the hospital admission and acted as attending physician. After undergoing a surgical incision and the draining of the abscess, Ziyad experienced decreased vital signs and lack of urine output. He also was found to have an elevated white blood count. An intensivist transferred him to a general floor where he passed away. Ziyad was a musician who was survived by his parents.

His estate sued Advocate Trinity Hospital and the intensivist, alleging medical malpractice, choosing not to treat Ziyad in the intensive care unit.
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Gloria Nogan, 81, underwent a partial colonoscopy after presenting at the hospital emergency room for gastroenterological symptoms. The attending anesthesiologist, Dr. Bassen Ghaly, used a monitored anesthesia care sedation method instead of general anesthesia with an endotracheal tube intubation.

Nogan aspirated during the procedure and later died of complications from aspiration. Her estate sued Dr. Ghaly and Resolute Anesthesia, alleging that Dr. Ghaly had chosen not to conduct a proper pre-anesthesia evaluation, including documenting Nogan’s high risk for aspiration. The lawsuit also alleged failure to utilize an endotracheal intubation.

After the jury signed a verdict for $4 million, the parties settled for the insurance policy limits of $2 million.
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Michael Gerhards, 68, hit his head when he slipped and fell on ice outside his home. He was taken by ambulance to Providence St. Vincent Medical Center where he was diagnosed as having a forehead laceration and right shoulder strain. He was sent home.

Over the next few weeks, he followed up with various internists at a health clinic regarding ongoing headaches, amnesia and fatigue.

Gerhards was advised to take pain medication. Three weeks after the fall, his wife found him unconscious. He was rushed to the hospital where a CT scan revealed a bilateral subdural hematoma that was causing a brain herniation. He underwent two brain surgeries.
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Leon Radcliff, 48, suffered from heroin addiction when he was admitted to Holy Cross Hospital after developing severe asthmatic symptoms resulting from large doses of prednisone. He received treatment for approximately two days. He was prescribed Ativan to stabilize his condition.

About ten hours after his last dose of Ativan, Radcliff was discharged from the hospital. He was drowsy, dizzy and unsteady at the time and required wheelchair assistance when he left the hospital.

Radcliff drove 1-2 blocks away from the hospital when he collided with several parked cars. He suffered blunt force trauma to his chest, which caused a fractured rib and a lacerated liver. After a two-week hospital stay, Radcliff was discharged. Two days later, he returned to the hospital and died there.
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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 Jodie Martindale’s husband filed against Indiana University Health Bloomington Hospital under the Federal Emergency Medical Treatment and Labor Act (EMTALA or Treat Act) following his wife’s death. IU Health transferred Martindale to Community Healthcare Systems in Munster, Ind., after examining her. Martindale died at Community Hospital after ongoing intestinal surgery.

A panel of the Seventh Circuit rejected the argument that the Treatment Act required IU Health to stabilize Martindale before transferring her.

The panel acknowledged the Treatment Act generally bars a hospital from transferring a patient with an emergency medical condition if the patient has not been stabilized.
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Janice Ferguson-Jean, 36, was seen at the Kings County Hospital Center emergency room. After being treated there for elevated blood pressure, she was discharged and instructed to follow up at a clinic.

The following week, she was rushed back to the hospital and admitted for treatment of elevated blood pressure. After being treated for eight days, Ferguson-Jean died. She had been studying to become a teacher in the United States Virgin Islands and was survived by her husband and 12-year-old daughter.

The Ferguson-Jean family sued the hospital’s owner and operator, alleging that it chose not to diagnose and treat ischemic heart disease, which was a cause of her death. The defendant denied liability and responsibility.
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Ms. Doe, 36, went to a hospital emergency department complaining of severe flank or side pain. She underwent testing and was diagnosed as having a kidney stone in her ureter.

Ms. Doe’s test results were allegedly equivocal and showed bacteria in her urine as well as an elevated white blood cell count, which is a sign of infection. However, Ms. Doe was discharged from the emergency room and sent home.

Ms. Doe’s condition worsened. She suffered septic shock, the last stage of infection. Ms. Doe returned to the hospital where she underwent surgery to remove the blockage in her ureter. Despite this treatment, Ms. Doe developed ischemia in her extremities and required surgery to remove necrotic dead or dying tissue.
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Laurence Seng was seen at a hospital emergency room where he complained of a persistent cough, chest heaviness and burning following an outpatient urological procedure.

Seng, who vomited in the ER, was administered a gastrointestinal cocktail in an effort to relieve his chest symptoms. However, his pain level increased. An osteopath, Dr. Joseph Robinson, diagnosed Seng as having a persistent cough and discharged him to home the same evening.

At home, Seng continued to experience chest heaviness and developed a racing heart. The next morning, his wife discovered that he was unresponsive. Seng, 66, died of a myocardial infarction. He was survived by his wife and four adult children. Seng’s wife, individually and on behalf of his estate, sued Dr. Robinson, alleging that he chose not evaluate Seng for a potential cardiac cause of his symptoms. Plaintiff alleged that he should have ordered an EKG and a blood test.
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In this medical malpractice jury case, a Cook County Circuit Court judge rejected a request by the plaintiff, Jill Bailey. She had requested a non-pattern jury instruction on “loss-of-chance.” The judge’s decision resulted in a reversal of a defense verdict. Bailey alleged that Jill Milton-Hampton died because of a delay in diagnosing her suffering from sepsis or toxic shock syndrome when she twice went to the emergency room at Mercy Hospital in Chicago.

The judge relied on the case of Cetera v. DiFilippo, 404 Ill.App.3d 20 (2020) for the decision to refuse the instruction. The judge was justified in concluding that the long-form version of the pattern jury instruction on proximate causation, Illinois Pattern Jury Instruction (Civil) No. 15.01, adequately explains the loss-of-chance doctrine.

The Illinois Appellate Court for the First District reversed a judgment for the four emergency room physicians and their employer, Emergency Medicine Physicians of Chicago (EMP). They disagreed with Cetera stating that IPI 15.01 “does not distinctly inform the jury about loss-of-chance, i.e., that the jury may consider, as a proximate cause of a patient’s injury, that a defendant’s negligence lessened the effectiveness of the treatment or increased the risk of an unfavorable outcome to a plaintiff.
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